can i carry at home

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  • Timjoebillybob

    Grandmaster
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    1   0   0
    Feb 27, 2009
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    What I'm looking for is not the exemption.

    I'm looking for the law that prohibits carry on property that is being rented or leased by a school. Where is that language?

    Under the definition of school property.

    IC 35-31.5-2-285 "School property"
    Sec. 285. "School property" means the following:
    (1) A building or other structure owned or rented by:
    (A) a school corporation;
    (B) an entity that is required to be licensed under IC 12-17.2 or IC 31-27;
    (C) a private school that is not supported and maintained by funds realized from the imposition of a tax on property, income, or sales; or
    (D) a federal, state, local, or nonprofit program or service operated to serve, assist, or otherwise benefit children who are at least three (3) years of age and not yet enrolled in kindergarten, including the following:
    (i) A Head Start program under 42 U.S.C. 9831 et seq.
    (ii) A special education preschool program.
    (iii) A developmental child care program for preschool children.
    (2) The grounds adjacent to and owned or rented in common with a building or other structure described in subdivision (1).

    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.
    (c) A person who is permitted to legally possess a firearm and who
    knowingly, intentionally, or recklessly leaves the firearm in plain
    view in a motor vehicle that is parked in a school parking lot commits
    a Class A misdemeanor.
    As added by P.L.140-1994, SEC.11. Amend
     

    Timjoebillybob

    Grandmaster
    Rating - 100%
    1   0   0
    Feb 27, 2009
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    Thanks, that explains why it wasn't in IC 35-47.

    Not a problem. If you just read the law that criminalizes it would most people think of a day care as a "school"? But under the definitions, yep they are included. But not by name, they are under "(B) an entity that is required to be licensed under IC 12-17.2 or IC 31-27;". Where it gets scary is I know a couple of licensed daycares in my town that you wouldn't know they were one. No signage, ran out of the persons house. One you can now tell if you know what a "paths to quality" sign means. I wonder how many pizza (or other) delivery guys in IN have committed a felony without even knowing it. And that doesn't include people who home school, under IN law their house can be considered a school from what I understand...
     

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