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