What is a School?

[Doug]

I read Jim Ciyou's second book on Indiana firearm laws. In it, he said that the state apparently difined a school very broadly. He went so far as to say that if a church had a preschool program, the church would be off limits for firearms 24/7 (think about a Boy Scout troop doing the rifle merit badge while meeting at a church; felonies all around).
Does anyone know of any caselaw on this?
Do definitions usually carry over from one section of the law to another? That is, if "school" is defined in one section and the term is used in a subsequent section, does the original definition automatically apply?

Inquiring minds want to know...

Doug

 

[kludge]

IC 35-47-9-1
Exemptions from chapter
Sec. 1. This chapter does not apply to the following:
(1) A:
(A) federal;
(B) state; or
(C) local;
law enforcement officer.
(2) A person who has been employed or authorized by:
(A) a school; or
(B) another person who owns or operates property being used by a school for a school function;
to act as a security guard, perform or participate in a school function, or participate in any other activity authorized by a school.
(3) A person who:
(A) may legally possess a firearm; and
(B) possesses the firearm in a motor vehicle that is being operated by the person to transport another person to or from a school or a school function.

Then paste the italics parts together...

This chapter does not apply to a person who has been authorized by a school to participate in any other activity authorized by a school.

Get a note from the church's board of directors that it's OK to do a Rifle Shooting merit badge and you're good.

(AINAL, AFAIK, etc.)

 

[Mrs. Hoppes]

If we want to get technical, this house is a school since in the state of Indiana, homeschools are considered nonaccredited private schools.

I wonder what that means when it comes to carrying? lol

 

[Doug]

Do definitions usually carry over from one section of the law to another? That is, if "school" is defined in one section and the term is used in a subsequent section, does the original definition automatically apply?
That is the main question. If school is strictly defined as "a school corporation," the scouts and I (if I happen to carry to service or a board meeting) are legal. If "school" is broadly defined, then carry at IUPUI, IU, Ivy Tech, and Purdue are all completely illegal.

I really don't want to be the test case!

Doug

 

[ryanmercer]

I really wish they'd clarify this in the laws... maybe say "public school corporation" or something, but no... that would be too easy.

 

[kludge]

If we want to get technical, this house is a school since in the state of Indiana, homeschools are considered nonaccredited private schools.

I wonder what that means when it comes to carrying? lol

In the case of homeschool, you are the administration, and you give yourself permission to be the security and do any other activities you want to do with a gun. It complies with the letter of the law.

Do definitions usually carry over from one section of the law to another? That is, if "school" is defined in one section and the term is used in a subsequent section, does the original definition automatically apply?
That is the main question. If school is strictly defined as "a school corporation," the scouts and I (if I happen to carry to service or a board meeting) are legal. If "school" is broadly defined, then carry at IUPUI, IU, Ivy Tech, and Purdue are all completely illegal.

I really don't want to be the test case!

The "school" definitions say something like "for the purposes of this chapter", so outside of that chapter you're up to the interpretation.

AFAIK there have not been any test cases from a university or college standpoint. (see the IUPUI thread)

If you comply with the letter of the law, i.e. get written authorization from the school administration for the activity, then you're fine. IANAL, but in the case of Boy Scouts at a "pre-school" it might be worth the $ to consult someone like Bryan Ciyou.

 

[IUGradStudent]

Kludge: I had never noticed that particular exception. It provides a simple way around the issue for many of the church/schools combos. Provided, of course, the church or school is willing to allow carry -- which, hopefully, they will.