Visitors carrying concealed on public college campuses in IN

[readyfireaim]

My girlfriend has just begun working at a public university in Indiana and is also taking classes this summer. I've rearranged my work schedule so that I'm able to have lunch with her most weekdays. However, in talking with campus security, they told me that firearms are prohibited on campus, even by visitors who have a permit to carry. I'm sure you guys will understand that I feel a bit less safe in a gun-free zone such as this without my piece, but I'm wondering what the most prudent course of action would be: Leave my gun in my car while parked on campus, which is still technically a violation of campus policy? Carry it anyway and hope nobody of authority notices? Have many of you had to deal with this?

For that matter, is it state statute prohibiting carry of firearms on public college campuses in Indiana, or is policy determined by individual campuses?

 

[Bill of Rights]

State statute restricting carry at schools seems to define (public) school property as that which is owned by a school corporation, and colleges and universities are not. The most the school can do, if they catch you is tell you to leave the campus. This is true even if you are not armed. your further presence there would constitute trespass, and that would get you in front of a judge.

Possible solution: Swing through, pick her up, drive off campus and enjoy your lunch.

Remember that "concealed means concealed" while you're there, though, and you should avoid any problems.

Blessings,
Bill

 

[readyfireaim]

Well, campus security told me that weapons were prohibited even with a handgun permit, so IF I were to carry on the campus, is there any state statute that would apply that would allow me to carry despite what the security officer told me--in other words, do I have any recourse if someone happens to see the outline of my gun under my shirt?

 

[Bill of Rights]

Well, campus security told me that weapons were prohibited even with a handgun permit, so IF I were to carry on the campus, is there any state statute that would apply that would allow me to carry despite what the security officer told me--in other words, do I have any recourse if someone happens to see the outline of my gun under my shirt?

You don't have to have a statute permitting it, s/he has to have a statute under which you could be charged and arrested. (It's the whole "innocent until proven guilty" thing.)

If they see it, they can approach you, ask to see your LTCH, and ask/tell you to leave the campus. If this happens, do so immediately.

Of note, standard disclaimers apply to this post: IANAL, IDPOOTV, IDSIAHIELN, and TINLA.

Suggest you find a licensed and competent attorney if you need legal advice.



Blessings,
Bill

 

[readyfireaim]

If they ask me to leave on one occasion, could I still assume to carry on campus on other occasions and treat each instance separately, since by carrying concealed and assuming my piece wouldn't be visible I would have no reason to think anyone would notice in the vast majority of circumstances? Or if security asks me one time to leave, should I not risk carrying on campus on subsequent occasions? I really feel naked without my gun on me.

 

[kingnereli]

I carry anywhere it is legal. My wife is a Ball State student so I have reason to be on the campus on occasion. Just cover it up, make sure it isn't printing and forget about it. I haven't been caught yet so I can't give you advice on going back later if they have asked you to leave before.

 

[readyfireaim]

Any campus security officers on here who'd like to comment? Or other LEOs?

 

[Denny347]

There is no law against carrying on a college campus. Just keep it to yourself. If a security guard asks you to leave, you must leave. If you do not or you come back later, you may be arrested for trespass. Conceal well and no one will ever know. Don't conceal well and you will probably be banned from the property and could cost your girlfriend her job, depending on the situation. In the end, you are NOT doing anything illegal if you do decide to carry.

 

[Bill of Rights]

There is no law against carrying on a college campus. Just keep it to yourself. If a security guard asks you to leave, you must leave. If you do not or you come back later, you may be arrested for trespass. Conceal well and no one will ever know. Don't conceal well and you will probably be banned from the property and could cost your girlfriend her job, depending on the situation. In the end, you are NOT doing anything illegal if you do decide to carry.

Thanks, Denny, that's the part I didn't know. I also would have thought each visit to campus was a separate incident. Is there any way to remove that so you can later return without that risk?

Blessings,
Bill

 

[Crimson]

Just carry concealed. No one will ever notice, if you do it right, and you can enjoy that short time for lunch with your girlfriend.

That way you are prepared and the most they can do is ask you to leave.

 

[ChalupaCabras]

whats the stature of limitations on tresspassing?

 

[darrent]

If you are asked to leave, then do so immediately as suggested. If a trespass warning has not been issued by campus police, then you CAN come back at a later date. If the officer warns you not to return to campus property or you will be arrested for trespassing, then do not or you can be arrested. There is a limit to the amount of time the warning is in effect (I think a year, but probably varies per university). You can also contact the department administrators to have them remove you from the trespass list. Just play stupid and say you didn't know.

 

[Kirk Freeman]

whats the stature of limitations on tresspassing?

Two years if a misdemeanor, five years for felony Criminal Trespassing.

 

[Denny347]

Thanks, Denny, that's the part I didn't know. I also would have thought each visit to campus was a separate incident. Is there any way to remove that so you can later return without that risk?

Blessings,
Bill

Well, security/police are acting as agents of the University. As such they can trespass you for good. However, if you get trespassed and later work it out with the University Admin, then they can "negate" the trespass since it is their campus. Did this help?

 

[public servant]

Just play stupid and say you didn't know.

Yes...see if a judge buys it.

 

[Kirk Freeman]

darrent, yeah, the po-po/property/establishment owner usually make you sign the trespass warning so you cannot say you did not know.

"I've been thrown out of better universities than this one!"

And then I shake my fist.

 

[public servant]

"I've been thrown out of better universities than this one!"

And then I shake my fist.

 

[inrunner75]

Nobody will notice if it's concealed. Nobody's gonna notice it in your car if it's out of sight- on a side note, if you're car is broken into and your piece is stolen then what's better? Telling the police your gun was stolen while you had it illegally placed in your car and taking whatever penalty that may be or knowing some crook has your gun and if it's ever used in a homicide it can be traced back to you and you have to explain how it got into the suspect's hands. Also in the off chance you did have an altercation on campus while you were visiting amidst the thousands of other student's who might have an altercation and are there on a day to day basis I mean what are the chances right? If you feel that way about it don't even step outside your house in that case if you feel that defenseless without a sidearm because I mean you run a better chance of getting struck by lightning or getting hit by a drunk. So basically don't bring the gun to campus. I'm a college student going to IU where somebody was just randomly attacked with a knife on their way back from partying. Don't be a ***** and relax.

 

[Dashman010]

My .02 on the legality of carrying on campus

I'm the President of Students for Concealed Carry on Campus at IUPUI, and this is how I relay whether concealed carry is legal or not on campus...

The statute is:
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.

The relevant word in the statute is "school" and whether "school"
includes just k-12 institutions or k-12 institutions and universities.
Our Supreme Court, which would be the exclusive authority on which
definition is applicable, has not ruled on the issue. However, I have
contacted the Indiana State Police Firearms Divisions and their
interpretation of the statute is that Universities are not included in
the statutory definition of school. University officials are under the
same impression.

Further, a careful reading of the statute lends some credence to the
same position. The fact that section (3) says on a "school bus" is
used in the same section as "school" leads me to believe that school
does not include universities -- universities don't have school buses
obviously. Further, given the wording of SB12, which has the clear
intention of letting state law control guns on campus, it would be
illogical to say that the legislature would want to stop a practice of
a university when in fact it was already in accord with state law. In
other words, what is the point of not allowing universities to ban
guns on campus if they are already banned by state law?

Finally, recent legislation passed by the senate (SB11), which
involves the locking of firearms in cars, makes exemptions for "school
property, on property used by a school for a school function, or on a
school bus" (the same language as the current statute regarding
schools; and then separately "on property belonging to an approved
postsecondary educational institution. " Given the distinction in the
new statute, I would think it is highly unlikely for the current
statute to encompass universities.

Given all of this, it remains an undecided point of law. Erring on the
side of absolute caution would mean not carrying on a campus. But
given the ISP, campus police departments, and even campus
administration all think that statute doesn't apply to universities, I
doubt anything legally would come of it if you were to be found to
have a gun on campus. This is not legal advice, but just my opinion, and what I tell other people with the same question.

 

[AndersonIN]

Yes...see if a judge buys it.

Why not it works for A$$Hat LEO's that don't know the law!