Would it be legal to have a firearm on this property?

[Indy_Guy_77]

^^For the OP...
Even if the school doesn't own the property, its still illegal if it's being used by the school for a school function...sporting event or field trip

The REAL answer to that is: Maybe.

There is no official definition of "school function" in the Indiana Code.

The gray area is, talked about on myriad INGO threads, is: Should you be way back in the back part of the Indianapolis Zoo and a school field trip shows up - is the whole entire zoo now suddenly somehow magically a "school function" site because a class of 35 kids shows up?

MY argument is "no", because A) you're not a part of the field trip as a chaperone / attendant and B) the venue isn't excluding everyone but those associated with school field trips.

Same with if you're at McDonalds munching on a cheeseburger. You're legal there before a school bus shows up - how is it that you're magically made "illegal" just because a school bus shows up and unloads a jr. high baseball team to eat after a tournament?

The wording of the IC is indeed vague. There haven't been any test cases.

But I stand by my opinion that school kids showing up at Venue-X doesn't automatically mean that the venue suddenly and magically becomes a school zone.

-J-

ETA: More bolstering of the argument: If you're a farmer and host a "farm day" at your property - You, as the landowner/lease-holder/employee/etc are still legally able to have your firearms around. Even carry them on your person. The preschool coming over to look at a big tractor and a few animals doesn't suddenly make you a felon for having your guns on your private property.

 

[TheEngineer]

+1 for Indy_Guy_77...I wasn't thinking of the situation in any of the ways you mentioned but 100% agree with your argument. My comment was based under the impression that the OP was willingly attending a softball game (i.e. school function) or was on school owned property

 

[Indy_Guy_77]

+1 for Indy_Guy_77...I wasn't thinking of the situation in any of the ways you mentioned but 100% agree with your argument. My comment was based under the impression that the OP was willingly attending a softball game (i.e. school function) or was on school owned property

Gotcha!

Also, I wasn't necessarily speaking to you specifically. More of a "generic" response as the in-general question comes up so often.

-J-

 

[TheEngineer]

No harm, no foul...like I said, I 100% agree with what you said. I may even have to add it to my arsenal of arguments in defense of the 2nd/LTCH rights

 

[GunnerDan]

You in fact advocated carrying a firearm onto school property in so many words.

Your logic is deeply flawed.

Really, my logic is flawed, really... how is that, someone asked a question, and I posed a specific response on what someone COULD do, not what someone SHOULD do. If you dont like my answer, I recommend you stop reading the thread.

Gunner

 

[jbombelli]

Really, my logic is flawed, really... how is that, someone asked a question, and I posed a specific response on what someone COULD do, not what someone SHOULD do. If you dont like my answer, I recommend you stop reading the thread.

Gunner

Yes. Your logic is deeply flawed in that you think

Jeez people, just carry a P3AT in a DeSantis pocket holster and keep your damn mouth closed....

is somehow providing information instead of recommending a course of action.

What you said is not providing information. Your post did not say "hey... this is what you COULD do..." It's a specific recommendation for a specific course of action.

Logic. You need to study it. And you need to stop recommending that other people commit felonies.

 

[GunnerDan]

Yes. Your logic is deeply flawed in that you think



is somehow providing information instead of recommending a course of action.

What you said is not providing information. Your post did not say "hey... this is what you COULD do..." It's a specific recommendation for a specific course of action.

Logic. You need to study it. And you need to stop recommending that other people commit felonies.

Here you go everyone, since just passing out information seems to be one in the same with recommending someone commit a crime, I give you the following:

https://www.google.com/search?q=how...:en-US:official&client=firefox-a&channel=fflb

Gunner

 

[Expat]

Here you go everyone, since just passing out information seems to be one in the same with recommending someone commit a crime, I give you the following:

https://www.google.com/search?q=how...:en-US:official&client=firefox-a&channel=fflb

Gunner

I don't know jbombelli and disagree with some of his posts, but in this case I think he is right. You were clearly making a recommendation of doing something illegal versus some random website that provides instructions on doing something illegal in a hypothetical manner.

 

[jbombelli]

Here you go everyone, since just passing out information seems to be one in the same with recommending someone commit a crime, I give you the following:

https://www.google.com/search?q=how...:en-US:official&client=firefox-a&channel=fflb

Gunner

YOU WERE NOT PASSING OUT INFORMATION. YOU RECOMMENDED THAT PEOPLE CONCEAL CARRY ONTO SCHOOL PROPERTY. PERIOD.

"here is how to build a meth lab" is not the same thing as condescendingly telling everyone "Jeez, people, just build a meth lab." Telling someone how to do something is not the same as telling them to do it.

 

[HotD]

ETA: More bolstering of the argument: If you're a farmer and host a "farm day" at your property - You, as the landowner/lease-holder/employee/etc are still legally able to have your firearms around. Even carry them on your person. The preschool coming over to look at a big tractor and a few animals doesn't suddenly make you a felon for having your guns on your private property.

I agree with you on principle, but what if the school doesn't expressly authorize a private property owner? This would even make an armed security guard at a bank an instant criminal when the institution conducts a tour for a school field trip.

IC 35-47-9-1
Exemptions from chapter
Sec. 1. This chapter does not apply to the following:........
(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.

 

[mrjarrell]

Jeez people, just carry a P3AT in a DeSantis pocket holster and keep your damn mouth closed.... Oh and I am not advocating breaking any laws... just sayin...

Gunner

Yes, you are advocating committing a felony. Just sayin'. It's school property. Anyone taking your "advice" and getting caught would be in a hell of a fix.

 

[long coat]

I agree with you on principle, but what if the school doesn't expressly authorize a private property owner? This would even make an armed security guard at a bank an instant criminal when the institution conducts a tour for a school field trip.

IC 35-47-9-1
Exemptions from chapter
Sec. 1. This chapter does not apply to the following:........
(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.

.

The owner would be fine.

 

[! twitty]

^^For the OP...
Even if the school doesn't own the property, its still illegal if it's being used by the school for a school function...sporting event or field trip

It is not a school functioned softball league if that makes a difference?

 

[HotD]

.

The owner would be fine.

Yeah, let the little guy suffer for the failings of the system.

 

[jedi]

It is not a school functioned softball league if that makes a difference?

Nope makes no difference. That piece of dirt and grass are owned by the School Corporation as such that parcel of land is considered school property making every inch of it a GFZ.

Here is another example at the craZyness of the law.
https://www.indianagunowners.com/fo...self_defense/76519-where_does_school_end.html

In that case the baseball field is next to the city park. There is no physcial division between the two. The grass in the 'outfield' continues to be grass where the city park is at.

However only 1/2 the parcel of land belongs to the school and the other belongs to the city. So if you are on the city part you can carry, but step into the 'outfield' with no real way of knowing where that is unless you measure it and bam you are committing a crime.