Definition of "School Property"

[Dave Doehrman]

I live in Fort Wayne, about 1/2 block from a local elementary school. I CC when I walk the dog but I avoid walking by the school. The school uses the sidewalk out front for all the parents to drop off and pick up the kids. The sidewalk along the side of the school is where all the kids enter and exit the school buses.

Indiana code states:
C 35-47-9-2
Possession of firearms on school property, at school function, or on school bus; felony
Sec. 2. A person who possesses a firearm:
(1) in or on school property;
(2) in or on property that is being used by a school for a school function; or
(3) on a school bus;
commits a Class D felony.

Additional code defines "School Property" as:
IC 20-33-8-5
"School property"
Sec. 5. As used in this chapter, "school property" means the following:
(1) A building or other structure owned or rented by a school corporation.
(2) The grounds adjacent to and owned or rented in common with a building or other

structure owned or rented by a school corporation.
As added by P.L.1-2005, SEC.17.
I plan to call the Indiana State Police to ask if it is a violation to carry a firearm on a city sidewalk adjacent to the school. According to the definition of school property it states "adjacent to and owned or rented" by a school corporation.

The school corporation doesn't own or rent the city owned sidewalk. The Wayne Township Assessor's office has property maps online and all the sidewalks are on city property. I have to maintain the city property in front of my house (clear the sidewalks and mow the grass) but I don't own or rent that property.

I don't plan on testing this to see what happens, but I do want to know what my legal rights are. I walk with a cane and when the sidewalks are icy and covered with snow, I would like to walk the dog that way. I clear the sidewalks all the way down to the school when it snows. The school clears all the walks around the school so it would be nice to be able to walk there.

I guess I'll start with the ISP Firearms Section and see what they say. Anyone have any experience with this or have any suggestions on who to contact?

 

[KW730]

I have long been wondering the same thing. While I believe that it is legal to carry on the sidewalk bordering school property, I have a feeling that an officer is likely to harass you and possibly arrest you (falsely) for doing it. Hopefully someone can come along with a definitive answer.

 

[jedi]

IIRC the sidewalk is city property as such it is not part of the school.
The grass on both sides of that sidewalk *is* school property however.
Yes you will get harrased by police and maybe even arrest.
Enjoy the money you get from suing them for flase arrest.

 

[canav844]

Being on the sidewalk is no different than driving on the road going by. It's an LTCH, it's not like getting your LTCH means your a sex offender. You know what the law says follow it. Search INGO for advice in response to dealing with interactions if stopped for legally carrying in front of a school; INGO also has a few names of lawyers familiar with IN firearm and self defense law. Don't take legal advice from the police nor internet forum, get it from a lawyer if you don't understand the law.