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Legal carry?
- Thread starter spence1
- Start date
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MisterChester
Master
Leave it in car, locked, and out of sight. You cannot take it with you.
BehindBlueI's
Grandmaster
- Oct 3, 2012
- 25,976
- 113
Neither, if you want to be legal, assuming you are parking on school property.
IC 35-47-9-2 Version b
Possession of firearms on school property, at school function, or on school bus; felony
Note: This version of section amended by P.L.158-2013, SEC.601, effective 7-1-2014. See also preceding version of this section
amended by P.L.172-2013, SEC.13.
Sec. 2. A person who knowingly or intentionally 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 Level 6 felony.
The vehicle exemption is only under the following conditions:
3) A person who:
(A) may legally possess a firearm; and
(B) possesses the firearm in a motor vehicle that is being operated by the person to transport another person to or from a school or a school function.
(emphasis added)
IC 35-47-9-2 Version b
Possession of firearms on school property, at school function, or on school bus; felony
Note: This version of section amended by P.L.158-2013, SEC.601, effective 7-1-2014. See also preceding version of this section
amended by P.L.172-2013, SEC.13.
Sec. 2. A person who knowingly or intentionally 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 Level 6 felony.
The vehicle exemption is only under the following conditions:
3) A person who:
(A) may legally possess a firearm; and
(B) possesses the firearm in a motor vehicle that is being operated by the person to transport another person to or from a school or a school function.
(emphasis added)
Kirk Freeman
Grandmaster
Spencer, it is the school property that controls, not what transpires on the property.
Thus if you are going to a school after hours to play basketball, one cannot carry on school property.
Thus if you are going to a school after hours to play basketball, one cannot carry on school property.
Wait, I though locked in vehicle was ok now as of July 1st?!?
Indiana General Assembly - 2014 Session
BehindBlueI's
Grandmaster
- Oct 3, 2012
- 25,976
- 113
That's in the house bill, but I don't see it in the Indiana Code online. Did the HB pass and the Senate approve?
Here's the 2014 law:
IC 35-47-9-2 Version b
Possession of firearms on school property, at school function, or on school bus; felony
Note: This version of section amended by P.L.158-2013, SEC.601, effective 7-1-2014. See also preceding version of this section
amended by P.L.172-2013, SEC.13.
Sec. 2. A person who knowingly or intentionally 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 Level 6 felony.
As added by P.L.140-1994, SEC.11. Amended by P.L.158-2013, SEC.601.
If there's an exemption elsewhere in the code, please post it up. If I'm wrong, I'd like to know.
Yeah, that's where I'm confused. I thought the law allowing firearms in school parking lots (locked and out of sight) was set to go in effect July first. Everything I can find supports that EXCEPT the current Indiana code (which of course is the only thing that matters). I hope Kirk chimes in (in a non cryptic manner, please Kirk, just this once?
) and explains it.Ah! That would explain things. I hope this is the case.
Seems about right.
Kirk Freeman
Grandmaster
I hope Kirk chimes in (in a non cryptic manner, please Kirk, just this once?
You guys are really cramping my style.
Kirk Freeman
Grandmaster
SB229 amends 35-47-9-2 by eliminating paragraph 2 about the school function stuff and adds a defense in (b) about locked and out of sight.
Look at §5 here: Indiana General Assembly - 2014 Session
What was cited was the pre-229 language that was passed in 2013 as LSA added in the roving school zone paragraph in one of the first drafts of the criminal code reform.
Look at §5 here: Indiana General Assembly - 2014 Session
What was cited was the pre-229 language that was passed in 2013 as LSA added in the roving school zone paragraph in one of the first drafts of the criminal code reform.
- Sep 3, 2009
- 7,726
- 38
Found this on this page Indiana General Assembly - 2014 Session
IC 35-47-9-1
Exemptions from chapter
Sec. 1. (a) This chapter does not apply to the following:
(1) A:
(A) federal;
(B) state; or
(C) local;
law enforcement officer.
(2) A person who may legally possess a firearm and who has
been authorized by:
(A) a school board (as defined by IC 20-26-9-4); or
(B) the body that administers a charter school established
under IC 20-24;
to carry a firearm in or on school property.
(3) Except as provided in subsection (b) or (c), a person who:
(A) may legally possess a firearm; and
(B) possesses the firearm in a motor vehicle.
(4) A person who is a school resource officer, as defined in
IC 20-26-18.2-1.
(5) Except as provided in subsection (b) or (c), a person who:
(A) may legally possess a firearm; and
(B) possesses only a firearm that is:
(i) locked in the trunk of the person's motor vehicle;
(ii) kept in the glove compartment of the person's locked
motor vehicle; or
(iii) stored out of plain sight in the person's locked motor
vehicle.
(b) For purposes of subsection (a)(3) and (a)(5), a person does not
include a person who is:
(1) enrolled as a student in any high school except if the person
is a high school student and is a member of a shooting sports
team and the school's principal has approved the person keeping
a firearm concealed in the person's motor vehicle on the days the
person is competing or practicing as a member of a shooting
sports team; or
(2) a former student of the school if the person is no longer
enrolled in the school due to a disciplinary action within the
previous twenty-four (24) months.
(c) For purposes of subsection (a)(3) and (a)(5), a motor vehicle
does not include a motor vehicle owned, leased, or controlled by a
school or school district unless the person who possesses the firearm
is authorized by the school or school district to possess a firearm.
IC 35-47-9-1
Exemptions from chapter
Sec. 1. (a) This chapter does not apply to the following:
(1) A:
(A) federal;
(B) state; or
(C) local;
law enforcement officer.
(2) A person who may legally possess a firearm and who has
been authorized by:
(A) a school board (as defined by IC 20-26-9-4); or
(B) the body that administers a charter school established
under IC 20-24;
to carry a firearm in or on school property.
(3) Except as provided in subsection (b) or (c), a person who:
(A) may legally possess a firearm; and
(B) possesses the firearm in a motor vehicle.
(4) A person who is a school resource officer, as defined in
IC 20-26-18.2-1.
(5) Except as provided in subsection (b) or (c), a person who:
(A) may legally possess a firearm; and
(B) possesses only a firearm that is:
(i) locked in the trunk of the person's motor vehicle;
(ii) kept in the glove compartment of the person's locked
motor vehicle; or
(iii) stored out of plain sight in the person's locked motor
vehicle.
(b) For purposes of subsection (a)(3) and (a)(5), a person does not
include a person who is:
(1) enrolled as a student in any high school except if the person
is a high school student and is a member of a shooting sports
team and the school's principal has approved the person keeping
a firearm concealed in the person's motor vehicle on the days the
person is competing or practicing as a member of a shooting
sports team; or
(2) a former student of the school if the person is no longer
enrolled in the school due to a disciplinary action within the
previous twenty-four (24) months.
(c) For purposes of subsection (a)(3) and (a)(5), a motor vehicle
does not include a motor vehicle owned, leased, or controlled by a
school or school district unless the person who possesses the firearm
is authorized by the school or school district to possess a firearm.
It sure how an employee plays into the gamut.
I would suggest you should be good to go as long as you have your LTCH, but I'm not a lawyer.
