School carry question...

[DarkRose]

School carry question...

I know it's illegal to carry on school property, but is that only during school hours/school functions?

I ask because my parents live a block from their church, which has a school (Kindergarten-12th grade) and dad used to be the one called in case of the alarm being tripped, and often arrived before the police (he had keys to the building and the alarm codes, to shut the alarm off for the police) and always carried when he responded, and helped them search once or twice (knew the chief personally at the time, and is a veteran).

I don't know when that law was made, this was happening probably 15-20 years ago, when I was a kid. He's not the one that gets called anymore.

Was he legal then? Would he be legal if the same thing happened now? (The officers he knew, and the chief, all knew that he carried, and didn't have a problem with it at the time...)

 

[ATM]

School property is always school property 24/7 regardless of when classes meet.

He would not be legal now unless he had authorization from the school.

 

[moischmoe]

School property is always school property 24/7 regardless of when classes meet.

He would not be legal now unless he had authorization from the school.

This ^^, and, I would add 365.

 

[long coat]

This was brought up in this thread.
https://www.indianagunowners.com/fo...arry_at_a_licenced_home_daycare_facility.html

IC 35-47-9
Chapter 9. Possession of Firearms on School Property and School Buses
IC 35-47-9-1
Exemptions from chapter
Sec. 1. This chapter does not apply to the following:
(1) A:
(A) federal;
(B) state; or
(C) local;
law enforcement officer.
(2) A person who has been employed or authorized by:
(A) a school; or
(B) another person who owns or operates property being used by a school for a school function;
to act as a security guard, perform or participate in a school function, or participate in any other activity authorized by a school.
(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.
As added by P.L.140-1994, SEC.11.

My wife is a teacher. She works for the school. Can she carry?

Looking at that code, they may be OK. He is "act as a security guard"

 

[MrSmitty]

Some body on here posted a thread about a proposed bill that would allow cc on school property with a LTCH, has anyone heard anything more about it, and if so have you contacted you local representative, or Senator? I wrot my local Senator, Grooms and asked him to watch for it and to support it.

 

[long coat]

Some body on here posted a thread about a proposed bill that would allow cc on school property with a LTCH, has anyone heard anything more about it, and if so have you contacted you local representative, or Senator? I wrot my local Senator, Grooms and asked him to watch for it and to support it.

I don't think there are any that allow School carry, unless you just watch the News.
The only 2 I know of are.

* SB 0292 -- Preemption of local firearm regulation. - Prohibits, with certain exceptions, a political subdivision from regulating any matter pertaining to firearms, ammunition and firearm accessories.

* SB 0506 -- Handgun possession. - Allows a person to carry a handgun on or about the person's body without being licensed to carry a handgun.

https://www.indianagunowners.com/fo...eeds_our_help_sb_292_and_sb_506_2-7-11_a.html

 

[iwork4pepsi]

Preemption of local firearm regulations
By a vote of 38-12, the Senate approved SB 292 which would prohibit, with certain exceptions, local government regulations that ban guns on public property. Specifically, the bill would prohibit, with certain exceptions, local rules regulating any matter pertaining to firearms, ammunition, and firearm accessories. Schools, courts and law enforcement offices would be the exceptions. Those opposing the bill emphasized public safety concerns, as guns could no longer be prohibited in public parks, hospitals or athletic facilities.
Another gun bill raising concerns is SB 506. Approved by a vote of 43-7 in the Senate on Thursday, this bill would allow a person to carry a handgun without being licensed on personal property, in a vehicle, or on private property with consent of the property owner. Opponents expressed concerns that this bill goes too far and includes exemptions for gun licensing that are too broad.

 

[Sylvain]

This was brought up in this thread.
https://www.indianagunowners.com/fo...arry_at_a_licenced_home_daycare_facility.html

IC 35-47-9
Chapter 9. Possession of Firearms on School Property and School Buses
IC 35-47-9-1
Exemptions from chapter
Sec. 1. This chapter does not apply to the following:
(1) A:
(A) federal;
(B) state; or
(C) local;
law enforcement officer.
(2) A person who has been employed or authorized by:
(A) a school; or
(B) another person who owns or operates property being used by a school for a school function;
to act as a security guard, perform or participate in a school function, or participate in any other activity authorized by a school.
(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.
As added by P.L.140-1994, SEC.11.

My wife is a teacher. She works for the school. Can she carry?

Looking at that code, they may be OK. He is "act as a security guard"

According to that code I would say that a teacher can carry in school if she has a LTCH.
"perform or participate in a school function" would any student be participating in a school function and therefore have the right to carry too?
If they are over 18 and have a LTCH of course.

It looks like anybody who works for a school can carry without being authorized by the school.

 

[long coat]

According to that code I would say that a teacher can carry in school if she has a LTCH.
"perform or participate in a school function" would any student be participating in a school function and therefore have the right to carry too?
If they are over 18 and have a LTCH of course.

It looks like anybody who works for a school can carry without being authorized by the school.

A student would not be "(2) A person who has been employed or authorized by:"

 

[moischmoe]

Anyone know of any teachers or other school staff who carries a gun at school?

Yeah, the IC seems to allow it, but I've never heard of anyone doing it.

 

[Bill of Rights]

Some body on here posted a thread about a proposed bill that would allow cc on school property with a LTCH, has anyone heard anything more about it, and if so have you contacted you local representative, or Senator? I wrot my local Senator, Grooms and asked him to watch for it and to support it.

That would be SB 319. Unfortunately, that bill was not discussed in committee and in the current political climate (which is a general attitude of "gunz in skoolz R bad, mmmkay?"), I would not expect it to be heard, voted, and receive Second and Third Reading, let alone pass the Senate to be discussed in the House in the next three days, the deadline for Senate bills to receive a Third Reading in the Senate, this year.

According to that code I would say that a teacher can carry in school if she has a LTCH.
"perform or participate in a school function" would any student be participating in a school function and therefore have the right to carry too?
If they are over 18 and have a LTCH of course.

It looks like anybody who works for a school can carry without being authorized by the school.

I asked this same question of an attorney. Despite the quoted section seeming to carve out an exception in the law for peaceable carry by anyone employed by a school for any purpose, I was told that in that attorney's opinion, the law only creates that exception for someone employed by the school to provide security. I personally disagree, but I'm not a lawyer and I don't plan to be a test case for that law, nor would I advise anyone else to take that chance. The stakes (a felony charge, including possible jail time and a fine, not to mention the loss of your LTCH the ability to exercise your RKBA lawfully, permanently) are too high.

Blessings,
Bill

 

[Sylvain]

That would be SB 319. Unfortunately, that bill was not discussed in committee and in the current political climate (which is a general attitude of "gunz in skoolz R bad, mmmkay?"), I would not expect it to be heard, voted, and receive Second and Third Reading, let alone pass the Senate to be discussed in the House in the next three days, the deadline for Senate bills to receive a Third Reading in the Senate, this year.



I asked this same question of an attorney. Despite the quoted section seeming to carve out an exception in the law for peaceable carry by anyone employed by a school for any purpose, I was told that in that attorney's opinion, the law only creates that exception for someone employed by the school to provide security. I personally disagree, but I'm not a lawyer and I don't plan to be a test case for that law, nor would I advise anyone else to take that chance. The stakes (a felony charge, including possible jail time and a fine, not to mention the loss of your LTCH the ability to exercise your RKBA lawfully, permanently) are too high.

Blessings,
Bill

I dont want to be a test case either.
I dont go to school anymore and I dont work there anyway.