HB 1284 vs IC 35-47-9-2 question

[Bigtanker]

The church I attend meets at a public school. The school system sent a letter to the church leaders about their firearms policy and the law.
I know that IC 35-47-9-2 allows me to keep my firearm in my vehicle while I'm in school property as long as it's out of site.

IC 35-47-9-2 Possession of firearms on school property or a school bus; defense to a prosecution; possession of firearms in a motor vehicle parked in a school parking lot
Sec. 2. (a) A person may not be charged with an offense under this subsection if the person may be charged with an offense described in subsection (c). A person who knowingly or intentionally possesses a firearm:

(1) in or on school property; or

(2) on a school bus;

commits a Level 6 felony.

(b) It is a defense to a prosecution under subsection (a) that:

(1) the person is permitted to legally possess the firearm; and

(2) the firearm is:

(A) locked in the trunk of the person's motor vehicle;

(B) kept in the glove compartment of the person's locked motor vehicle; or

(C) stored out of plain sight in the person's locked motor vehicle.

The schools letter. (I've left out any reference to the particular school system)

The school board and administration are dedicated to provide a safe and secure environment for all. As recently as April 2019, HB1284 was passed and went into effect July 1, 2019. HB1284 permits a person who may legally possess a firearm to possess a firearm on school property if the person possesses the firearm: (1) as an employee or volunteer of a house of worship located on the school property; or (2) while attending a worship service or religious ceremony conducted at a house of worship. Current board policy states:

Possession of a “firearm” by a Visitor: The possession of a firearm 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 is a Class D (Level 6) felony (I.C. 35-47-9-2) under Indiana law. As used in this policy and as defined by Indiana law, “firearm” means any weapon that is capable of expelling, design to expel, or that may readily be converted to expel a projectile by means of explosion. Possession includes storing the firearm in a personal vehicle while on school property. This Statute applies to all persons other than law enforcement officers and school resource officers.

A review of this legislation by our District Legal Counsel indicates that we can prohibit individuals from possessing firearms even during church services. HB 1284 as passes by the Indiana Legislature specifically states that the recognition of the right of an individual to possess a firearm during a religious ceremony on school property does not affect the right of the property owner (the school) to prohibit the possession of a firearm on school property.

The position of the school is that no firearms are allowed to be in possession by visitors at any-time on a school campus. The only exception is for our school resource officers or contracted off-duty police to provide security services for school events.

So my question is does HB 1284 supercede
35-47-9-2? Am I still legal to leave my edc locked up in my vehicle? I'm thinking that the school slipped their policy in under the law. But I want to be sure.

For the record, I do not and never did carry on school property, even after HB1284 was passed. It stays locked up, out of sight in whatever vehicle I'm driving.

 

[KellyinAvon]

It’s the public school issue that will need to be addressed by one of our lawyers here. If it was a private school/private property they could make that policy as the property owner. This would not supersede the law concerning securing firearms in a car on school property. As a public school, would this then come under the preemption statute? Can I get a lawyer please?

 

[Bill of Rights]

Not a lawyer, but the text of 35-47-9 is clear that while the possession of a firearm in a locked vehicle, out of plain sight, is still a level 6 felony, it is a defense against prosecution that it was so stored. (ETA: To my read, this is like, "It is unlawful to intentionally end another person's life, but it is a defense against prosecution that you did so in the course of defending another life, including your own." In the context of this example, you then enter the realm of "reasonable belief" and "reasonable force", both of which are subject to interpretation.)

The school has no legal grounds to prohibit possession within your vehicle. They are completely within their authority to prohibit possession outside of the vehicle, however, and God help you if you forget to cover the butt end of the gun or leave a door unlocked.

I know a gentleman, a dormant Marine, who left his gun visible in his locked vehicle at a job site where he worked, and he lost a great job because of it. On the positive side, he took on a new career and is rocking that, too.

Again, I am not a lawyer, don't play one on TV, and didn't sleep at a Holiday Inn Express last night, I'm just a guy who knows how to read and isn't afraid to give an opinion.

Blessings,
Bill

 

[Bigtanker]

That's what I'm thinking Bill.