Question regarding college campus carry

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  • gage

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    Only campus police can carry, no others are allowed including students, professors, janitors, and especially stressed out grad student like yours truly
     

    NateIU10

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    Only campus police can carry, no others are allowed including students, professors, janitors, and especially stressed out grad student like yours truly

    Do you know consequences if you are caught? I'm always interested to see what campus police do without anyone breaking any laws.

    By "only campus police" I assume you mean they are the only people who are employed by, students of or in any way affiliated with the school who can carry. Even though it's against their rules, it ain't illegal though for those groups.
     

    indytechnerd

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    Would you please quote the section of the Indiana Code that defines a school function as requiring that the property be owned or rented? If you can do this, perhaps all would be well, but the code as I read it says,
    IC 35-47-9-2
    Possession of firearms on school property, at school function, or on school bus; felony
    Sec. 2. A person who possesses a firearm:
    (1) in or on school property;
    (2) in or on property that is being used by a school for a school function; or
    (3) on a school bus;
    commits a Class D felony.
    (emphasis, both bold and red, mine)
    The property does not have to be rented or owned, just used.

    Please, though, if you are able to do so, prove me to be mistaken. I'd be grateful to not have to worry about violating that law.

    Blessings,
    B
    That's got to be exclusive use. As read in black and white (and red in this example).....
    11:30am - I arrive at the Indianapolis Zoo with my family, carrying a G23. At this point in my day, I am lawfully carrying my weapon.
    11:55am - I'm checking out the little sharks in the oceans exhibit. Outside, Rockville Elementary (used because that's where I went) 4th grade field trip arrives in 2 school buses and enters the zoo grounds.

    Am I now committing a felony?
     

    gage

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    The "no gun" carrying is a campus policy and if one should get busted it would be handled through the academic chain of command...through the Dean etc. Most likely a slap on the wrist but if the offense happened again I guess they would threaten to expel? Since the Indianapolis police shares jurisdiction with campus police I wonder what could happen legally...I mean what happens if one is caught carrying at a Colt's or Pacer's game?? Does anyone know?
     

    NateIU10

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    The "no gun" carrying is a campus policy and if one should get busted it would be handled through the academic chain of command...through the Dean etc. Most likely a slap on the wrist but if the offense happened again I guess they would threaten to expel? Since the Indianapolis police shares jurisdiction with campus police I wonder what could happen legally...I mean what happens if one is caught carrying at a Colt's or Pacer's game?? Does anyone know?

    There is nothing they can do legally, on campus, pacers games and Colt's games. It simply isn't illegal to carry in those places :)
     

    gage

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    Ahhh this is nice to know. So if it'd not illegal, but just against policy in general, the worst they can do is not allow you in or kick you out? I still don't know why the constitutional amendment doesn't prohibit "no-gun" policies from being made.
     

    NateIU10

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    Ahhh this is nice to know. So if it'd not illegal, but just against policy in general, the worst they can do is not allow you in or kick you out? I still don't know why the constitutional amendment doesn't prohibit "no-gun" policies from being made.

    Yep, worst they can do is ask you to leave or not allow you access :yesway: Now, if you are asked to leave and don't, you can be charged with trespassing.

    The next step is getting the 2nd Amendment to be incorporated, thereby applying to state Govs instead of just the Fed Gov.
     

    NateIU10

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    I can CC at Purdue Cal? :rockwoot:

    What if I am in a situation where I have to use it?

    If you are caught with a firearm against school policy, you may be expelled, so they can still take academic measures against you, just not legal.

    If they find out because you had to use it, I'd rather be expelled than dead, how about you?
     

    Ness2k

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    If you are caught with a firearm against school policy, you may be expelled, so they can still take academic measures against you, just not legal.

    If they find out because you had to use it, I'd rather be expelled than dead, how about you?

    Exactly. I'm willing to bet there would be some negative press involved for expelling the person stops the next NIU shooting.
     

    dburkhead

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    That's got to be exclusive use. As read in black and white (and red in this example).....
    11:30am - I arrive at the Indianapolis Zoo with my family, carrying a G23. At this point in my day, I am lawfully carrying my weapon.
    11:55am - I'm checking out the little sharks in the oceans exhibit. Outside, Rockville Elementary (used because that's where I went) 4th grade field trip arrives in 2 school buses and enters the zoo grounds.

    Am I now committing a felony?

    As far as I can see, the way the law is written, yes you are. IIRC from Ciyou's "Indiana Handgun Law" (don't have my copy to hand) the case law on that is weak, but I certainly wouldn't want to be the test case.

    My own example to illustrate how inane the law is: I'm eating lunch at a restaurant when a school field trip decides to use that restaurant for it's own lunch break.
     

    Ness2k

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    As far as I can see, the way the law is written, yes you are. IIRC from Ciyou's "Indiana Handgun Law" (don't have my copy to hand) the case law on that is weak, but I certainly wouldn't want to be the test case.

    My own example to illustrate how inane the law is: I'm eating lunch at a restaurant when a school field trip decides to use that restaurant for it's own lunch break.

    I don't believe that's how the law is interpreted. I believe it is if the area is being used only for a school function, i.e. a gymnasium or field that is only open for the event.
     

    INGunLover

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    I'm all for teachers carrying guns.
    Here at IUPUI although you can't carry on campus you can check weapon in with campus police and then conveniently pick up on the way back. A descent policy for those not wanting to leave it in the vehicle to prevent it getting stolen.


    OR you just don't tell them.:D. It isn't against the law. They won't know, they can't search me thanks to the 4A. And if I have to use it, I will be threating them with a lawsuit for not protecting me in the first place, so if they try to kick me out I will bring legal hell to them. I mean are they going to kick me out of school for saving lives?
     

    dburkhead

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    I don't believe that's how the law is interpreted. I believe it is if the area is being used only for a school function, i.e. a gymnasium or field that is only open for the event.

    I'd like to see case law saying that. Otherwise, it's entirely too reasonable to have anything to do with government and law. :dunno:
     

    NateIU10

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    I was questioning the outcome after the situation; if bringing a handgun to school and using it to defend myself and others will land me a felony.
    again, it's not illegal, so how would you get a felony? If it's a righteous shoot, you're good legally, now if they wanna expel you, they can.
     
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