Can anyone cite me...

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  • gvsugod

    Expert
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    13   0   1
    Mar 19, 2012
    981
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    SW Indianapolis
    Ok. Way back when there was the big OC protest at the statehouse I remember people posting that to carry a long gun at that location, which was within sobmany feet of the simon building and its daycare (?), you needed a valid LTCH.

    Can anyine cite the IC that you cannot have a firearm within so many feet of a school or daycare etc?

    Thanks
     

    HoughMade

    Grandmaster
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    0   0   0
    Oct 24, 2012
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    Valparaiso
    I don't know about a daycare, but like most gun laws, something similar is found in 18 USC 922 (with reference to 921) :

    (q)....

    (2) (A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
    (B) Subparagraph (A) does not apply to the possession of a firearm--
    (i) on private property not part of school grounds;
    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
    (iii) that is--
    (I) not loaded; and
    (II) in a locked container, or a locked firearms rack that is on a motor vehicle;
    (iv) by an individual for use in a program approved by a school in the school zone;
    (v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
    (vi) by a law enforcement officer acting in his or her official capacity; or
    (vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities...

    18 USCS § 922

    25) The term "school zone" means--
    (A) in, or on the grounds of, a public, parochial or private school; or
    (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

    18 USCS § 921
     

    1911ly

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    Dec 11, 2011
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    Why would you want to do that, oh wait. Beacuse you can. I don't get the whole"test the waters" thing. I prefer silent but deadly. not flashy big target.
     

    Lex Concord

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    Dec 4, 2008
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    Read the whole section quoted above....it covers that.

    The part some folks miss:

    if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State,

    So, legal in MI wi IN LTCH? Yes, but not under federal law if within 1,000 feet of a school (even when driving). As a bonus, don't forget, MI is a must notify state.

    There's a thread in here somewhere that drills deep into that aspect of it, includes LEO opinions, queries to and responses from BATFE, etc.
     

    gvsugod

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    Mar 19, 2012
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    SW Indianapolis
    Is there anything in IC then regarding possessing a firearm within a certain distance of a school? I looked but couldnt find anything. I am mostly just curious, it was a heard from someone thing that I didnt believe.

    Or was there anything on thr books that has been repealed?
     

    Kirk Freeman

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    Mar 9, 2008
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    Lafayette, Indiana
    Is there anything in IC then regarding possessing a firearm within a certain distance of a school? I looked but couldnt find anything. I am mostly just curious, it was a heard from someone thing that I didnt believe.

    No, what happens is that people get federal law tangled up with state law. This is why I tell you to think of two parallel railroad tracks.
     

    HoughMade

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    Oct 24, 2012
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    Valparaiso
    ...and to add to the fun, the original question had to do with long guns. I don't have a license to carry a long gun. Do you?
     

    HoughMade

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    Oct 24, 2012
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    It's seems to me that long guns are a no-go in a "school zone" (assuming none of the legal exceptions apply) even when you have a LTCH.
     

    FadedCalicoJack

    Plinker
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    0   0   0
    Nov 3, 2013
    14
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    Lafayette
    I agree. Openly carrying not only takes away the element of surprise, but can also cause fear and panic in what I like to refer to as "sheeple". I prefer to try and not make waves.
     

    Bill of Rights

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