My school's gun policy...Is the last sentence bull****?

[bart2278]

FIREARMS AND VERBAL THREATS
(Student Handbook / IC 35-47-9-2) IC 10-14-3-33.5; IC 21-7-13-6(b))
According to the Student Affairs Policies and Procedures Manual “students are entitled to a learning atmosphere free from discrimination, harassment, sexual harassment, and intimidation.” Also, “possession of firearms/ammunition and other weapons, dangerous chemicals, or any explosive or explosive device is prohibited on college property or at any college sponsored activity held elsewhere.” Employees are prohibited from “reporting to work or representing the college while possessing firearms or other dangerous devices” (Personnel Policies and Procedures). In addition, “employees are prohibited from making statements or taking actions that are potentially offensive and embarrassing to other employees, students or visitors of the college”. Employees who “threaten ongoing college operations, the health and safety of others or themselves,” can be accused of gross misconduct. Violation of these policies can result in a disciplinary action up to and including dismissal from the college (if a student) or termination of employment (if an employee). Beginning July 1, 2010, it is illegal to have a gun or ammunition on postsecondary institution property, either in a vehicle or in a person’s possession.

 

[rgrimm01]

What school?

 

[jbombelli]

Bull****. Ask them to cite the code.

Edited: we are talking about a college in Indiana, right?

 

[Cameramonkey]

Isn't there an exemption to post secondary campuses (as well as other businesses like public utilities ) to the new "they can't tell you that you can't lock it in the trunk" law?

 

[wolfman]

Not enough info, what school, what state? The last sentence could be code depending on what state the school is in.

 

[Degtyaryov]

I know its not illegal to have a gun on a college campus. Against school regs, but if you're not a student there, they can't do anything other than ask you to leave.

 

[Roadie]

He posted relevant ICs in the OP... just sayin

 

[Roadie]

IC 9-13-2-0.1
Application of certain amendments to chapter; definition of "school bus"
Sec. 0.1. Notwithstanding the amendments made to section 161 of this chapter by P.L.219-2003, the inclusion of "commercial motor vehicle" within the definition of "school bus" and the specification that a school bus may be used to transport preschool, elementary, or secondary school children, as provided by section 161 of this chapter

IC 20-18-2-15
"Public school"
Sec. 15. "Public school":
(1) for purposes of this title (other than IC 20-33-1), means a school maintained by a school corporation; and (2) for purposes of IC 20-33-1, means:
(A) a school maintained by a school corporation; or
(B) a preschool, an elementary school, or a high school maintained by a state educational institution under IC 20-24.5 or another law.

---

IC 21-18.5-2-12
"Postsecondary credit bearing proprietary educational institution"
Sec. 12. (a) "Postsecondary credit bearing proprietary educational institution" means a degree granting and credit bearing institution that provides instructional or educational services or training, whether onsite, online, or through any combination of these or other instructional modalities, and is accredited by an accrediting agency recognized by the United States Department of Education or is seeking and progressing toward accreditation by an accrediting agency recognized by the United States Department of Education.

If your school is not "a preschool, an elementary school, or a high school maintained by a state educational institution" then whoever wrote that handbook has terrible reading comprehension.

IMHO, IANAL

 

[CathyInBlue]

Assuming it's a primary/secondary school and that it's in Indiana, that claim would definitely be made lie by IC 35-47-9-1(3)(B). Then, there's the ammunition part of the rule. Again, it's not illegal to possess ammunition on school grounds. There is, however:

IC 34-28-7-2(b) Subsection (a) does not prohibit the adoption or enforcement of an ordinance, a resolution, a policy, or a rule that prohibits or has the effect of prohibiting an employee of the person, including a contract employee, from possessing a firearm or ammunition:
(1) 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 in violation of IC 20-33-8-16 or IC 35-47-9-2;

That's the guns in locked employee vehicles statute. It doesn't apply to visitors, and it doesn't make it illegal to possess ammunition on school property. It just makes it legal for political subdivisions of the state to make it illegal for employees. So, might the county, city, or other political subdivision wherein the school in question resides have established an ordinance that makes it illegal? Possibly, but again, it could only do so with respect to school corporation employees.

If it's a post-secondary institution, then it's full of crap. They can only make it unruleful, not unlawful, to possess firearms, ammunition, and firearm accessories on school property, punishable only by expulsion, not criminal charges.

 

[ATM]

...Beginning July 1, 2010, it is illegal to have a gun or ammunition on postsecondary institution property, either in a vehicle or in a person’s possession.

They are incorrect. it should read something more like this:

Beginning July 1, 2010, post-secondary schools are excepted from the law regarding the storage of firearms in parking lot rules.

This exception allows us to fire employees or expel students who violate our rules against firearms even if stored in vehicles on campus property (which remains a completely lawful activity), though most other employers in the state are now prohibited from having or enforcing such rules. Guess they should have lobbied harder - lol. Good luck!

 

[CathyInBlue]

HA! Just looked up one of the IC code citations:

IC 10-14-3-33.5
Regulation of firearms
Sec. 33.5. (a) Except as provided in subsection (b), the state, a political subdivision, or any other person may not prohibit or restrict the lawful possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during:
(1) a disaster emergency;
(2) an energy emergency; or
(3) a local disaster emergency;
declared under this chapter.

In other words, 10-14-3-33.5 doesn't even apply anywhere until and unless an emergency is officially declared. It certainly doesn't apply generally, and it doesn't apply to post-secondary schools. Subsection (b) just excepts the prohibition on "prohibit[ting] of restrict[ing] the lawful possession," yada, yada on primary and secondary school property. Again, nothing to do with post-secondary school properties.

 

[Dead Duck]

Just Carry!

 

[bart2278]

Sorry it took so long to respond. It is Ivy Tech of Indianapolis. I'm going to get a hold of the dean and start asking questions.

 

[whitetailbowhunter]

It probably wont get you anywhere but it will at least bring the topic to his attention. Look into Students for Concealed Carry. I'm very active in our SCC chapter at Indiana State and you could potentially start one at Ivy Tech to show student support for the right to self defense.

 

[ljk]

Sorry it took so long to respond. It is Ivy Tech of Indianapolis. I'm going to get a hold of the dean and start asking questions.

for sure it's gonna take a long while to get a hold of the dean, if he's care about it at all. I would start with the campus security/safety/police office next to the register's office.

 

[SmokinSigs357]

IC 9-13-2-0.1
...IC 21-18.5-2-12
"Postsecondary credit bearing proprietary educational institution"
Sec. 12. (a) "Postsecondary credit bearing proprietary educational institution" means a degree granting and credit bearing institution that provides instructional or educational services or training, whether onsite, online, or through any combination of these or other instructional modalities, and is accredited by an accrediting agency recognized by the United States Department of Education or is seeking and progressing toward accreditation by an accrediting agency recognized by the United States Department of Education.

If your school is not "a preschool, an elementary school, or a high school maintained by a state educational institution" then whoever wrote that handbook has terrible reading comprehension.

IMHO, IANAL

Riddle me THIS, Batman,

Soooooo, "online" institution...if I am on my computer and taking a class from my living room, does my living room (or any room I am in while taking said online course) suddenly become a "Postsecondary credit bearing proprietary educational institution", therefore making my having a gun on my person, in my house...illegal because I am carrying in a lawfully accredited institution?

 

[ljk]

and you think the goberment isn't coming for your guns?

 

[ATM]

Riddle me THIS, Batman,

Soooooo, "online" institution...if I am on my computer and taking a class from my living room, does my living room (or any room I am in while taking said online course) suddenly become a "Postsecondary credit bearing proprietary educational institution", therefore making my having a gun on my person, in my house...illegal because I am carrying in a lawfully accredited institution?

Not even remotely. Even if it did somehow turn your living room into a postsecondary credit bearing proprietary educational institution, carrying at such institutions is still not illegal.

 

[CathyInBlue]

ATM: We're not talking about bart's conduct being illegal. I'm sure everyone but the campus wonks who wrote the drek in the OP knows we're not talking about legal or illegal. We're talking about claims of what is and what is not in accordance with the school's code of conduct, and more importantly, the intellectual capacity to apply that code in a sane and rational manner.

What Smoking Sigs posted was spot on. If an administrator cannot understand the legal issues at hand, which the stated policy in the OP evinces he cannot, then there are no meaningful barriers to the school expelling a student who maintains privately owned legal firearms in his own home, while taking classes online from his own home.