To Carry or Not To Carry...

[ntrngr]

OK. My son goes to Taekwondo a couple times a week. I often sit and watch. Anymore, if its legal, I'm either semi-cc under a jacket with a 9mm or full cc with a 25acp pocket carry. A couple times I've cc'd into the Taekwondo academy. I've not been able to figure out if really is legal or not. I suppose its a "school" but its private, not state.

Is there anyone that can give me any advice in this case?

Thanks!

 

[mk2ja]

From IC 35-47-2

IC 35-47-2-1
Carrying a handgun without a license or by person convicted of domestic battery
Sec. 1. (a) Except as provided in subsection (b) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body, except in the person's dwelling, on the person's property or fixed place of business, without a license issued under this chapter being in the person's possession.
(b) Unless the person's right to possess a firearm has been restored under IC 35-47-4-7, a person who has been convicted of domestic battery under IC 35-42-2-1.3 may not possess or carry a handgun in any vehicle or on or about the person's body in the person's dwelling or on the person's property or fixed place of business.
As added by P.L.311-1983, SEC.32. Amended by P.L.326-1987, SEC.1; P.L.195-2003, SEC.6; P.L.98-2004, SEC.155; P.L.118-2007, SEC.35.

[Several sections omitted.]

IC 35-47-2-23
Violations; classes of misdemeanors and felonies
Sec. 23. (a) A person who violates section 3, 4, 5, 14, 15, or 16 of this chapter commits a Class B misdemeanor.
(b) A person who violates section 7, 17, or 18 of this chapter commits a Class C felony.
(c) A person who violates section 1 of this chapter commits a Class A misdemeanor. However, the offense is a Class C felony:
(1) if the offense is committed:
(A) on or in school property;
(B) within one thousand (1,000) feet of school property; or
(C) on a school bus; or
(2) if the person:
(A) has a prior conviction of any offense under:
(i) this subsection; or
(ii) subsection (d); or
(B) has been convicted of a felony within fifteen (15) years before the date of the offense.
(d) A person who violates section 22 of this chapter commits a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior conviction of any offense under this subsection or subsection (c), or if the person has been convicted of a felony within fifteen (15) years before the date of the offense.
As added by P.L.311-1983, SEC.32. Amended by P.L.16-1984, SEC.20; P.L.140-1994, SEC.9; P.L.17-1997, SEC.7.

(emphasis added)

As I understand the law (but IANAL & TINLA), if the taekwondo class takes place at a school, and you carry your handgun while there (except, of course, for picking up and dropping off you child), then you would be committing a Class C felony.

That said... concealed means concealed.
As Gandalf told Frodo, "keep it secret; keep it safe!"


Other INGOers, feel free to comment as well!


ETA - Okay, so actually, when I read that... it looks an awful lot like you commit a Class C felony by carrying in or on school property WITHOUT a license. I think I missed the part that actually makes it illegal to carry at a school.

 

[sporter]

K-12 type of schools or licensed day cares are what are effected by the law.

Generally speaking; you are legal to carry (as long as they are not a licensed day care or Kindergarten through 12th grade type of facility).

A Martial Arts academy is not the type of "school" the law is referring to.

 

[ntrngr]

K-12 type of schools or licensed day cares are what are effected by the law.

Generally speaking; you are legal to carry (as long as they are not a licensed day care or Kindergarten through 12th grade type of facility).

A Martial Arts academy is not the type of "school" the law is referring to.

This was my take also, however, I often run things by INGO because I believe there is an intelligence pool here that is simply incredible.

It is the "Yada Yada Taekwondo Academy". I have always assumed that the "school" mean a K-12 school or licensed day care but I was never able to find the legal definition under the law.

 

[VERT]

My son goes to a Taekwondo "Academy". It is a private business not a school.

 

[Naptown]

you are fine. Just keep it a full CC and nobody will question it.

 

[GIJEW]

My synagogue has plans to rent a room for a montessori school. I assume it will be accredited. What about cc there on the weekend during Sabbath services?

 

[Magnum314]

K-12 type of schools or licensed day cares are what are effected by the law.

Generally speaking; you are legal to carry (as long as they are not a licensed day care or Kindergarten through 12th grade type of facility).

A Martial Arts academy is not the type of "school" the law is referring to.

That is correct.

 

[U.S. Patriot]

If it's not state or federal property. Then it's to the discretion of the owner of the building.

 

[finity]

Here is the IC definition of school property:

IC 35-41-1-24.7
"School property" defined
Sec. 24.7. "School property" means the following:
(1) A building or other structure owned or rented by:
(A) a school corporation;
(B) an entity that is required to be licensed under IC 12-17.2 or IC 31-27;
(C) a private school that is not supported and maintained by funds realized from the imposition of a tax on property, income, or sales; or
(D) a federal, state, local, or nonprofit program or service operated to serve, assist, or otherwise benefit children who are at least three (3) years of age and not yet enrolled in kindergarten, including the following:
(i) A Head Start program under 42 U.S.C. 9831 et seq.
(ii) A special education preschool program.
(iii) A developmental child care program for preschool children.
(2) The grounds adjacent to and owned or rented in common with a building or other structure described in subdivision (1).