LTCH on a College Campus

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  • bushcf

    Plinker
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    0   0   0
    Aug 10, 2012
    47
    6
    Terre Haute
    I am just wondering what people's thoughts are on the following rules set up by a place of Higher Learning (private institute). Also, keep in mind, I can't recall any prominent signage saying weapons are not allowed. No smoking yes, but not any weapon signage.

    -->6.07 Firearms and Other Dangerous Instruments (REV. 02/21/05)
    The Institute takes seriously its obligation to protect the academic community from
    unlawful conduct or conduct which presents a serious threat to person(s) or property
    The transfer, use, or possession of explosives, fireworks, firearms, dangerous chemicals,
    or any lethal weapon on Institute property under any circumstances except as part of an
    Institute authorized activity, instructional session, event or duty is prohibited. This
    includes possession or storage of such items in personal vehicles, offices, briefcases, filing
    cabinets or any other storage location.

    -->Firearms registration

    Firearms must be registered with and stored in the Office of Public Safety. Firearms must be in a soft case and a background check from the owner's hometown police department must be obtained by the owner prior to storage of any firearm(s) with Public Safety. Firearms may be checked into the Office of Public Safety at any time, however, check-out will only be permitted between the hours of 5 a.m. and 8 p.m. unless express permission has been obtained from the Dean of Students. The Office of Public Safety reserves the right to refuse the release of a firearm to anyone deemed questionable to handle a firearm in a safe manner.

    The reason I ask for thoughts, is this:
    If one possesses a LTCH, is there a crime? I say, "No."

    Does the school have any legal standing against the student/faculty for possessing the firearm?

    I think it is obvious that the student/faculty can risk expulsion/termination since it is a set of established rules. But I would think that you could come back with a legal battle that would demonstrate the constitutional right to keep and bear arms. Also, in Indiana don't employees have the right to carry a firearm at least in there POV even if it is parked at the place of work?
     

    sarlakk

    Plinker
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    0   0   0
    Well, it is not a crime to carry on a University, (as far as I know, the vague IC is traslated as only applying to K-12 schools and not college campuses); however, many colleges and universities in Indiana will suspend/expell students for it. I know that IUPUI's code states that "weapons" are grounds for suspension, at least (seen here: Summary of the Code of Student Rights, Responsibilities, and Conduct : Student Conduct : IUPUI )

    Personally, I do disagree with this stance, especially on an urban campus such as IUPUI, but I understand that when you attend an institution voluntarily, you agree to abide by that institution's policies, which is their legal right to establish (I liken it to a business that asks armed patrons to leave). If this is a major issue, than I would suggest finding methods to try to change the policy, productively (like starting a Students for Concealed Carry chapter, etc); or, find an institution that allows you to carry on campus.
     

    KW730

    Expert
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    0   0   0
    Sep 18, 2012
    845
    16
    No, it is not illegal to have a firearm on a college campus. I have one sitting next to me right now and I'm on a campus.
     
    Last edited:

    MooreALX

    Plinker
    Rating - 100%
    15   0   0
    Aug 8, 2012
    130
    16
    Hartford City
    Yes, employees have a legal right to store a firearm in their vehicle while they are at work.

    No, it is not illegal to have a firearm on a college campus. I have one sitting next to me right now and I'm on a campus.

    The law allowing employees to store guns in there cars while at work does not apply to Universities as far as I understand. Universities were specifically exempted from that law.
     

    Burnsy

    Expert
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    Apr 6, 2012
    784
    18
    NW Indiana
    The law allowing employees to store guns in there cars while at work does not apply to Universities as far as I understand. Universities were specifically exempted from that law.

    Edit, you were referring to 34-28-7:

    IC 34-28-7-2
    Regulation of employees' firearms and ammunition by employers
    Sec. 2. (a) Notwithstanding any other law and except as provided in subsection (b), a person may not adopt or enforce an ordinance, a resolution, a policy, or a rule that:
    (1) prohibits; or
    (2) has the effect of prohibiting;
    an employee of the person, including a contract employee, from possessing a firearm or ammunition that is locked in the trunk of the employee's vehicle, kept in the glove compartment of the employee's locked vehicle, or stored out of plain sight in the employee's locked vehicle.
    (b) Subsection (a) does not prohibit the adoption or enforcement of an ordinance, a resolution, a policy, or a rule that prohibits or has the effect of prohibiting an employee of the person, including a contract employee, from possessing a firearm or ammunition:
    (1) in or on school property, in or on property that is being used by a school for a school function, or on a school bus in violation of IC 20-33-8-16 or IC 35-47-9-2;
    (2) on the property of:
    (A) a child caring institution;
    (B) an emergency shelter care child caring institution;
    (C) a private secure facility;
    (D) a group home;
    (E) an emergency shelter care group home; or
    (F) a child care center;
    in violation of 465 IAC 2-9-80, 465 IAC 2-10-79, 465 IAC 2-11-80, 465 IAC 2-12-78, 465 IAC 2-13-77, or 470 IAC 3-4.7-19;
    (3) on the property of a penal facility (as defined in IC 35-31.5-2-232);
    (4) in violation of federal law;
    (5) in or on property belonging to an approved postsecondary educational institution (as defined in IC 21-7-13-6(b));
    (6) on the property of a domestic violence shelter;
    (7) at a person's residence;
     
    Last edited:

    KW730

    Expert
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    0   0   0
    Sep 18, 2012
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    The law allowing employees to store guns in there cars while at work does not apply to Universities as far as I understand. Universities were specifically exempted from that law.

    I was not aware of that. My understanding of a "postsecondary educational institution" leads me to believe you are correct. Edited my original post.
     
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