Student expelled for having unloaded shotguns in truck

[finity]

I have one question...If you can't legally buy a gun at 16...How can you own one?

You can be given it by your parent/guardian:

IC 35-47-10-1
Exemptions from chapter
Sec. 1. This chapter does not apply to the following:
(1) A child who is attending a hunters safety course or a firearms safety course or an adult who is supervising the child during the course.
(2) A child engaging in practice in using a firearm for target shooting at an established range or in an area where the discharge of a firearm is not prohibited or supervised by:
(A) a qualified firearms instructor; or
(B) an adult who is supervising the child while the child is at the range.
(3) A child engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under Section 501(c)(3) of the Internal Revenue Code that uses firearms as a part of a performance or an adult who is involved in the competition or performance.
(4) A child who is hunting or trapping under a valid license issued to the child under IC 14-22.
(5) A child who is traveling with an unloaded firearm to or from an activity described in this section.
(6) A child who:
(A) is on real property that is under the control of the child's parent, an adult family member of the child, or the child's legal guardian; and
(B) has permission from the child's parent or legal guardian to possess a firearm.
(7) A child who:
(A) is at the child's residence; and
(B) has the permission of the child's parent, an adult family member of the child, or the child's legal guardian to possess a firearm.


IC 35-47-10-5
Dangerous possession of a firearm
Sec. 5. A child who knowingly, intentionally, or recklessly:
(1) possesses a firearm for any purpose other than a purpose described in section 1 of this chapter; or
(2) provides a firearm to another child with or without remuneration for any purpose other than a purpose described in section 1 of this chapter;
commits dangerous possession of a firearm, a Class A misdemeanor. However, the offense is a Class C felony if the child has a prior conviction under this section.
As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996, SEC.4.

IC 35-47-10-6
Dangerous control of a firearm
Sec. 6. An adult who knowingly, intentionally, or recklessly provides a firearm to a child for any purpose other than those described in section 1 of this chapter, with or without remuneration, commits dangerous control of a firearm, a Class C felony. However, the offense is a Class B felony if the adult has a prior conviction under this section.
As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996, SEC.5.


IC 35-47-10-7
Permitting child to possess a firearm
Sec. 7. A child's parent or legal guardian who knowingly, intentionally, or recklessly permits the child to possess a firearm:
(1) while:
(A) aware of a substantial risk that the child will use the firearm to commit a felony; and
(B) failing to make reasonable efforts to prevent the use of a firearm by the child to commit a felony; or
(2) when the child has been convicted of a crime of violence or has been adjudicated as a juvenile for an offense that would constitute a crime of violence if the child were an adult;
commits dangerous control of a child, a Class C felony. However, the offense is a Class B felony if the child's parent or legal guardian has a prior conviction under this section. As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996, SEC.6.

and

IC 35-47-2-7
Prohibited sales or transfers of ownership
Sec. 7. (a) Except an individual acting within a parent-minor child or guardian-minor protected person relationship or any other individual who is also acting in compliance with IC 35-47-10, a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon (as defined in IC 35-50-2-11) to any person under eighteen (18) years of age.
(b) It is unlawful for a person to sell, give, or in any manner transfer the ownership or possession of a handgun to another person who the person has reasonable cause to believe:
(1) has been:
(A) convicted of a felony; or
(B) adjudicated a delinquent child for an act that would be a felony if committed by an adult, if the person seeking to obtain ownership or possession of the handgun is less than twenty-three (23) years of age;
(2) is a drug abuser;
(3) is an alcohol abuser; or
(4) is mentally incompetent.
As added by P.L.311-1983, SEC.32. Amended by P.L.33-1989, SEC.126; P.L.140-1994, SEC.8; P.L.269-1995, SEC.7.

Going by the above it's not illegal for a child to own/possess a gun if it was given them by a parent/guardian, even though they can'y buy one themselves.

In IN the kid would be completely legal in the above situation because the gun was unloaded & he had just hunted that morning.

What everyone seems to be missing is the fact that he was not old enough to own a gun....now if the car was in his fathers name and he left it there maybe you would have a case.

My guess would be that would actually be worse than just "giving" the kid the gun in the first place or giving him specific permission to use the gun.

I despise Liberals!

Got any proof that the school district is run by those "liberals" you say you "despise" so much?

 

[Hotdoger]

Got any proof that the school district is run by those "liberals" you say you "despise" so much?

Got any proof that a school district in California is not run by libs?

 

[jeremy]

Got any proof that the school district is run by those "liberals" you say you "despise" so much?

Ok I'll amend my statement by saying "I despise the Majority of Californians!" Better?

 

[kludge]

I have not found the code yet but everything I've read so far states that it is legal to possess a shotgun at age 16.

I don't agree.

He was not travelling "to" or "from" an exempting activity.

After bird hunting he should have taken the guns home to be within the law.

 

[Zoub]

I just had a vision: It is 1979 and my Dad is driving my 72 Dodge Challenger, which everyone knew was mine. He parks within 1000 feet of the school and suddenly cops with dogs and a school Principal are popping the trunk? Wow, what fun that would have been to see. Plus at 16, if I recall correctly, the car was in his name?

FYI my Challenger had a gun rack in the rear window. Yes it did and an 870 with 28" barrel just barely fit.

Sounds like they were looking for any and all kids who hunt or own guns. Northern CA is a real mix between liberals and other types.

Sickening to see this.

And yeah CA is brain dead. BTDT in LA. Went to their crap school systems. Have seen the decay. Family that still lives there is out to lunch. We can't even be in the same room any more.

 

[rambone]

I'm still not clear how a dog sniffed out a shotgun.

 

[Scutter01]

I'm still not clear how a dog sniffed out a shotgun.

Maybe it was a Shot-Tzu?

 

[kludge]

I'm still not clear how a dog sniffed out a shotgun.

Gunpowder residue.

 

[kludge]

I just had a vision: It is 1979 and my Dad is driving my 72 Dodge Challenger, which everyone knew was mine. He parks within 1000 feet of the school and suddenly cops with dogs and a school Principal are popping the trunk? Wow, what fun that would have been to see. Plus at 16, if I recall correctly, the car was in his name?


Sounds like they were looking for any and all kids who hunt or own guns. Northern CA is a real mix between liberals and other types.

Sickening to see this.

My thoughts exactly.

 

[INGunGuy]

the only question i have was the place he was parked normally used for overflow parking for the school because that would make it property used for school functions which is a no no, but if not then bad school people bad

WRONG, WRONG, WRONG, WRONG! you are totally wrong, now if the school leased the property for overflow parking, you would be correct, but if the area he parked was off campus, then he is in the clear. Would the school be able to expel him if he left a shotgun in his truck while parked at Wally world or even his own house? They may want to, but they cant. Off school parking is PERFECTLY legal.

INGunGuy

 

[Shoots4Fun]

Maybe it was a Shot-Tzu?

This thread was really depressing me about how crazy things have gotten until I read such a bad joke...then I had to laugh...

 

[behinger]

Lots of discussion regarding legality of gun ownership etc, but the article was about the school expelling the student, it does not reference any legal issues. if the student did not comply with the schools policies and regulations then they have the right to expell that student from their school.

Now there may be many questions about whether they have correct and/or suitable policies, and whether the student properly understood or knew about the policies, but that is not discussed in the article. most schools have very clear student manuals that outline the schools policies.

I hate to see people jump on the "sue them" bandwagon based on a short article without knowing all of the information. The article did not indicate anything about the student doing something illegal, only that he was being suspended by the school for infractions of school policy. I believe that local schools should have the ability to develop policies that are appropriate for their local community. If you do not agree with those policies then the parents should address that with the local board. each year that a students attends a school they are given a student handbook. we as parents should know what those handbooks contain and what is expected of our children. if we do not, then we shouldn't complain when our children are called out for violating the policies.

for example - our school has constant issues with inappropriate clothing - suggestive T shirts or to short of a skirt. These items are clearly described in the student manual.

 

[hoosiertriangle]

Would you be ok with your child be expelled for wearing that same t-shirt while at Wal-Mart and the school principal just happened to see it? I wouldn't think so, but that is just me.

for example - our school has constant issues with inappropriate clothing - suggestive T shirts or to short of a skirt. These items are clearly described in the student manual.

 

[Beau]

Lots of discussion regarding legality of gun ownership etc, but the article was about the school expelling the student, it does not reference any legal issues. if the student did not comply with the schools policies and regulations then they have the right to expell that student from their school.

Now there may be many questions about whether they have correct and/or suitable policies, and whether the student properly understood or knew about the policies, but that is not discussed in the article. most schools have very clear student manuals that outline the schools policies.

I hate to see people jump on the "sue them" bandwagon based on a short article without knowing all of the information. The article did not indicate anything about the student doing something illegal, only that he was being suspended by the school for infractions of school policy. I believe that local schools should have the ability to develop policies that are appropriate for their local community. If you do not agree with those policies then the parents should address that with the local board. each year that a students attends a school they are given a student handbook. we as parents should know what those handbooks contain and what is expected of our children. if we do not, then we shouldn't complain when our children are called out for violating the policies.

for example - our school has constant issues with inappropriate clothing - suggestive T shirts or to short of a skirt. These items are clearly described in the student manual.

Your missing the point. He was parked off of school property.

So your saying that because your school has issues with a dress code and policies to cover those issues, your school should have the authority to suspend/expel a student that they saw in wal-mart wearing clothing that was against school policy?

 

[behinger]

My point was that based on a 2 paragraph article, we do not know all of the facts and the "time for a lawsuit" talk is not appropriate. without knowing all of the facts, its possible that the student was parked off street in a private lot that was used for overflow parking, or the school has a policy forbidding firearms in students vehicles during the school day. if we knew the facts then we could discuss the suitability of the expulsion, otherwise we are just criticizing without justification.

If my son was expelled for having firearms in his vehicle at a Walmart I
would be upset and challenge the rights of the school to do that, if however he knew firearms werent allowed during school hours and he parked in the street to get around that knowing it was against policy then its a different matter.

My biggest concern is all of the outrage over an article that didnt give any details about why the student was expelled.

 

[INGunGuy]

My point was that based on a 2 paragraph article, we do not know all of the facts and the "time for a lawsuit" talk is not appropriate. without knowing all of the facts, its possible that the student was parked off street in a private lot that was used for overflow parking, or the school has a policy forbidding firearms in students vehicles during the school day. if we knew the facts then we could discuss the suitability of the expulsion, otherwise we are just criticizing without justification.

If my son was expelled for having firearms in his vehicle at a Walmart I
would be upset and challenge the rights of the school to do that, if however he knew firearms werent allowed during school hours and he parked in the street to get around that knowing it was against policy then its a different matter.

My biggest concern is all of the outrage over an article that didnt give any details about why the student was expelled.

So the school comes up with a policy that forbids you owning firearms, or your student is expelled. How the hell can a school forbid firearms in a PRIVATE vehicle parked OFF SCHOOL PROPERTY, whether during or not during school hours. They cant, and they have NO RIGHT to attempt to regulate when and where a student can possess a firearm. Are you going to say that if the school had a policy forbidding firearms in their vehicles during the school day, and the vehicle is parked at home, that the student could be expelled. Come on now, get real, the school has went WAY WAY outside the bounds by expelling a student for NOTHING AT ALL!

INGunGuy

 

[U.S. Patriot]

When I first started driving to school, my Dad gave me his old van and got a new car. There was a drill in a plastic case, and a box full of empty .357 magnum casings in the van. Well I get called to the deans office. There stading a leo. I'm like what the f did I do? He says someone reported you have a gun in your vehicle. The leo asked to check, I said fine I have nothing to hide. Well he opend the case, and saw it was a drill. Then saw that they where just empty casings. He looked at me funny, and left. I asked who said something, but of course they would not tell me.

 

[Hotdoger]

When I first started driving to school, my Dad gave me his old van and got a new car. There was a drill in a plastic case, and a box full of empty .357 magnum casings in the van. Well I get called to the deans office. There stading a leo. I'm like what the f did I do? He says someone reported you have a gun in your vehicle. The leo asked to check, I said fine I have nothing to hide. Well he opend the case, and saw it was a drill. Then saw that they where just empty casings. He looked at me funny, and left. I asked who said something, but of course they would not tell me.

I would have demanded to know who told them and to see that they were disciplined for false reporting.

 

[finity]

Got any proof that a school district in California is not run by libs?

I'm not the one making the accusation.

Ok I'll amend my statement by saying "I despise the Majority of Californians!" Better?

Yep. Thanks.

 

[WWIIIDefender]

Student expelled for having unloaded Gun in his car, OFF CAMPUS

YouTube - POLICE STATE: School Expelled Student for having unloaded Gun in his car, OFF CAMPUS