Is it school or not?

The #1 community for Gun Owners in Indiana

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • HobbyGuy

    Marksman
    Rating - 0%
    0   0   0
    May 12, 2009
    269
    16
    Newburgh
    I am supposed to go to a banquet tonight at a local country club. It is being hosted by the booster club (parents) of the high school swim and dive team. Is this event considered "school"? If it is then no carry. If not, I am fine and good to go.

    What is the concensus?

    Thanks.
     

    jbombelli

    ITG Certified
    Rating - 100%
    10   0   0
    May 17, 2008
    13,057
    113
    Brownsburg, IN
    A country club is not a school, but would this be considered a "school function"? Is the school paying for it? Is the property rented in the name of the school?

    I seriously don't know the answer here, but those I think would be relevant questions.
     

    ultra...good

    Shooter
    Rating - 0%
    0   0   0
    Dec 30, 2012
    1,372
    83
    A school event, yes. The school may prefer that you do not carry.
    On school grounds? Well no, so most likely it is not illegal. Contingent of course on the country club and their position on firearms. If the country club does not allow, well you know what that means.
    Either way, likely you are not going to open carry, right?
    Make sure it is well concealed and stays that way.
    If nobody knows that you have it, no harm no foul.
     

    jbombelli

    ITG Certified
    Rating - 100%
    10   0   0
    May 17, 2008
    13,057
    113
    Brownsburg, IN
    A school event, yes. The school may prefer that you do not carry.
    On school grounds? Well no, so most likely it is not illegal. Contingent of course on the country club and their position on firearms. If the country club does not allow, well you know what that means.
    Either way, likely you are not going to open carry, right?
    Make sure it is well concealed and stays that way.
    If nobody knows that you have it, no harm no foul.

    IC 35-47-9-2
    Possession of firearms on school property, at school function, or on school bus; felony
    Sec. 2. A person who 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 Class D felony.
     

    Valvestate

    Expert
    Rating - 0%
    0   0   0
    May 11, 2012
    1,041
    38
    NWI
    IC 35-47-9-2
    Possession of firearms on school property, at school function, or on school bus; felony
    Sec. 2. A person who 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 Class D felony.

    ^^^And that's a wrap.
     

    jedi

    Da PinkFather
    Site Supporter
    Rating - 100%
    51   0   0
    Oct 27, 2008
    38,360
    113
    NWI, North of US-30
    A school event, yes. The school may prefer that you do not carry.
    On school grounds? Well no, so most likely it is not illegal. Contingent of course on the country club and their position on firearms. If the country club does not allow, well you know what that means.
    Either way, likely you are not going to open carry, right?
    Make sure it is well concealed and stays that way.
    If nobody knows that you have it, no harm no foul.

    :facepalm:
    Might we suggest you take a class called Comphrensive Indiana Firearm Law hosted by Atty Guy R. more info here:
    Tactical Firearms Training LLC - Training

    as you just have the OP some rea bad advise of committing a felony!

    See info below.


    IC 35-47-9-2
    Possession of firearms on school property, at school function, or on school bus; felony
    Sec. 2. A person who 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 Class D felony.
     

    Ash

    Sharpshooter
    Rating - 0%
    0   0   0
    Sep 15, 2010
    397
    18
    Bartholomew County
    I know you got a correct answer HobbyGuy..
    But, nothing like a roaming Gun Free Zone to make you a potential felon.

    Indiana Code, Fail. :ugh:
     

    jedi

    Da PinkFather
    Site Supporter
    Rating - 100%
    51   0   0
    Oct 27, 2008
    38,360
    113
    NWI, North of US-30
    I know you got a correct answer HobbyGuy..
    But, nothing like a roaming Gun Free Zone to make you a potential felon.

    Indiana Code, Fail. :ugh:

    Oh so true no mind you the roaming GFZ has yet to be put to the test in a court of law and the legal experts are on the fence on it. There was talk or a bill to fix this and make it mean just for "students/teachers/shcool personel" at a school function OUTSIDE the school but I don't know what became of that text/bill.

    Bill of Rights I think would know.
     

    88GT

    Grandmaster
    Rating - 0%
    0   0   0
    Mar 29, 2010
    16,643
    83
    Familyfriendlyville
    :facepalm:
    Might we suggest you take a class called Comphrensive Indiana Firearm Law hosted by Atty Guy R. more info here:
    Tactical Firearms Training LLC - Training

    as you just have the OP some rea bad advise of committing a felony!

    See info below.

    Don't be so hard on him. The law is poorly worded and defies both the logical and reasonable standard. What if the speech and debate club decides to hold an awards dinner at the local Olive Garden?
     

    jedi

    Da PinkFather
    Site Supporter
    Rating - 100%
    51   0   0
    Oct 27, 2008
    38,360
    113
    NWI, North of US-30
    Don't be so hard on him. The law is poorly worded and defies both the logical and reasonable standard. What if the speech and debate club decides to hold an awards dinner at the local Olive Garden?

    Again it's a gray area. The rolling GFZ has NOT been tested.
    If you (as general public jane doe) go to Olive Garden with your boyfriend and happen to see the hs debate club there doing their award ceremony are you really part of that school function? Not really but some DA with her panties in a bunch can make the case that it's a felony. Will it stick. Hum... Who know as there is no case law.
     

    NavyVet

    Sharpshooter
    Rating - 100%
    11   0   0
    Dec 31, 2011
    478
    18
    Marshall County
    You make the assumption that a booster group and the school are one and the same.

    Most booster groups are separate non-profits created to support a specific school program. Was informed recently that donations made directly to a school (public) are not tax-deductible. That is where PTO and booster clubs come in.

    So the question becomes "Is it really the school or the booster club renting the facility?"
    That will determine the legality of carrying.

    None of this includes whether the OP is a member of the Country Club and may have an interest in e club.
     

    long coat

    Master
    Rating - 100%
    15   0   0
    Jun 6, 2010
    1,612
    48
    Avon
    IC 35-47-9-2
    Possession of firearms on school property, at school function, or on school bus; felony
    Sec. 2. A person who 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 Class D felony.

    Correct in it of it self no.
    However if say the local high school decided to hold their prom at the college gym bldg then per IC the college gym bldg has become a GFZ as it is now a school function. :rolleyes:

    Is it only the gym or all the property :dunno: Who wants to be a test case?
     

    jedi

    Da PinkFather
    Site Supporter
    Rating - 100%
    51   0   0
    Oct 27, 2008
    38,360
    113
    NWI, North of US-30
    Is it only the gym or all the property :dunno: Who wants to be a test case?

    all the property
    https://www.indianagunowners.com/fo...self_defense/76519-where_does_school_end.html

    And here is an even more complicated one in which we have a public set of bldgs and one of those bldg has a PRIVATE day-care center that rents its space from the city.

    https://www.indianagunowners.com/fo...defense/203180-hammond_loses.html#post2832292

    In that case the public set of bldgs is ok except for the day care center area.
     

    wolfman

    Master
    Rating - 0%
    0   0   0
    May 5, 2008
    1,734
    63
    S Side Indy
    The parent booster committee appears to be a school committee, so this would be a school function.

    Yep, it is listed on their team events (about 1/2 way through this document):
    http://www.castleswimdive.org/uploads/SWIM_Parent_Handbook.pdf


    Not a "school committee"

    2012-2013
    - SUPPORTS ALL SPORTS TEAMS EQUALLY -
    Boosters Cost Level Approximate
    Value
    White Level
    $25
    Basic
    Windshield Decal
    Blue Level
    $50
    Intermediate
    One Student Punch Pass
    $25
    Gold Level
    $100
    Upper
    One Adult Punch Pass
    Windshield Decal
    $35
    Knight Level
    $250
    Highest
    Game Sponsor/Program Insert
    $60
    One Adult Punch Pass $35
    One Student Punch Pass $25
    Corporate Level
    $500
    Business
    All of the above
    Homecoming Recognition
    The club was organized in 1972 and is a non-profit organization relying solely on donations, membership dues and


    fund-raising activities. Each sport is eligible for up to
    $750 each year to fulfill funding needs. Each year the club
    has a chili supper in the fall and sponsors an all sports program. Membership dues are a vital source of income.
    Each sport is expected to have at least one representative at each of the eight yearly meetings. All meetings start at
    7:00 PM in the Castle High School Community Room and last less than an hour.
    The meeting dates for 2012- 2013 are August 20, September 10, September 24, October 8, November 12, February 11, March 11, April 8 and May 13.

     

    88GT

    Grandmaster
    Rating - 0%
    0   0   0
    Mar 29, 2010
    16,643
    83
    Familyfriendlyville
    Again it's a gray area. The rolling GFZ has NOT been tested.
    If you (as general public jane doe) go to Olive Garden with your boyfriend and happen to see the hs debate club there doing their award ceremony are you really part of that school function? Not really but some DA with her panties in a bunch can make the case that it's a felony. Will it stick. Hum... Who know as there is no case law.

    It was a rhetorical question. I'm betting we don't have case law because there isn't a prosecutor who wants to take it to court.
     

    jedi

    Da PinkFather
    Site Supporter
    Rating - 100%
    51   0   0
    Oct 27, 2008
    38,360
    113
    NWI, North of US-30
    It was a rhetorical question. I'm betting we don't have case law because there isn't a prosecutor who wants to take it to court.

    Ops sry I'm running a fever, my nose is stuffed and I've just taken more night quill so my brain is getting foggy. As for your post more like no da in indy, nwi or bloomington who has found a case yet. The case will come unless we get the law changed.
     

    revance

    Expert
    Rating - 88.9%
    8   1   0
    Jan 25, 2009
    1,295
    38
    Zionsville
    I believe the booster club is a separate entity than the school. However if the swim club (it was swimming right?) is cosponsoring the event or something, it might technically be a "school function". But if its just the booster club doing it completely separate of the school or swim club, then it wouldn't be.

    Definitely an interesting case. I think we could easily prove the booster is a completely separate legal entity. They are their own organization with their own EID. However what level of involvement/cooperation with the school team would make it considered a school function?
     

    Site Supporter

    INGO Supporter

    Forum statistics

    Threads
    530,972
    Messages
    9,963,576
    Members
    54,967
    Latest member
    Bengineer
    Top Bottom