School corp bans firearms from school property

[yeti rider]

I thought the "new" law was created so as to not criminalize someone having a firearm in their automobile on school grounds, as long as it is stored out of sight? What if i needed to go in to the school to meet with an administrator or teacher?

 

[jblomenberg16]

I thought the "new" law was created so as to not criminalize someone having a firearm in their automobile on school grounds, as long as it is stored out of sight? What if i needed to go in to the school to meet with an administrator or teacher?

The policy in discussion was directed at school employees. So, if you are not employed by the school system or on the BOD, you are covered under the Indiana law.

 

[John Galt]

Indiana General Assembly - 2014 Session

 

[Redhorse]

IC 35-47-9-1: Allows possession in a vehicle on school grounds while transporting another person.
IC 34-28-7-2: Allows employees to keep firearms in a locked vehicle on the employer's parking lot.

However, there are exceptions listed in IC 34-28-7-2 and a school is one of them.

________________________________________________

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 may legally possess a firearm and who has
been authorized by:
(A) a school board (as defined by IC 20-26-9-4); or
(B) the body that administers a charter school established
under IC 20-24;
to carry a firearm in or on school property.
(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.
(4) A person who is a school resource officer, as defined in
IC 20-26-18.2-1.
As added by P.L.140-1994, SEC.11. Amended by P.L.172-2013, SEC.12.

________________________________________________________

IC 34-28-7-2
Regulation of employees' firearms and ammunition by employers
Sec. 2. (a) Notwithstanding any other law and except as provided in subsection (b), a person may not adopt or enforce an ordinance, a resolution, a policy, or a rule that:
(1) prohibits; or
(2) has the effect of prohibiting;
an employee of the person, including a contract employee, from possessing a firearm or ammunition that is locked in the trunk of the employee's vehicle, kept in the glove compartment of the employee's locked vehicle, or stored out of plain sight in the employee's locked vehicle.
(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;
(2) on the property of:
(A) a child caring institution;
(B) an emergency shelter care child caring institution;
(C) a private secure facility;
(D) a group home;
(E) an emergency shelter care group home; or
(F) a child care center;
in violation of 465 IAC 2-9-80, 465 IAC 2-10-79, 465 IAC 2-11-80, 465 IAC 2-12-78, 465 IAC 2-13-77, or 470 IAC 3-4.7-19;
(3) on the property of a penal facility (as defined in IC 35-31.5-2-232);
(4) in violation of federal law;
(5) in or on property belonging to an approved postsecondary educational institution (as defined in IC 21-7-13-6(b));
(6) on the property of a domestic violence shelter;
(7) at a person's residence;
(8) on the property of a person that is:
(A) subject to the United States Department of Homeland Security's Chemical Facility Anti-Terrorism Standards issued April 9, 2007; and
(B) licensed by the United States Nuclear Regulatory Commission under Title 10 of the Code of Federal Regulations;
(9) on property owned by:
(A) a public utility (as defined in IC 8-1-2-1) that generates and transmits electric power; or
(B) a department of public utilities created under IC 8-1-11.1; or
(10) in the employee's personal vehicle if the employee, including a contract employee, is a direct support professional who:
(A) works directly with individuals with developmental disabilities to assist the individuals to become integrated into the individuals' community or least restrictive environment; and
(B) uses the employee's personal vehicle while transporting an individual with developmental disabilities.
As added by P.L.90-2010, SEC.7. Amended by P.L.114-2012, SEC.66.

Basically the school's can still adopt polices that bars employees the right to even keep it locked in their car and of course all of them will. One more time, Indiana has made something gun related that was illegal legal so the citizens won't face any legal troubles but someone else still has the "right" to somehow bar it thus still prohibiting it (analogous to the right to carry on college campuses not being illegal but the schools still being able to effectively prohibit it for it's students).

 

[ModernGunner]

Local 'leader' elections are just as important as POTUS elections. Folks should remember that when they vote for their School Board members.

Liberal loons aren't going to obey ANY law unless they're 'forced' to do so. They've proven that, repeatedly. In that respect, they're no better than the local drug dealer or gang member.

Lest we forget, they use the Saul Alinsky 'primer' they received from 'King Liar In Chief'.

 

[Expat]

The new law was passed to protect parents that came to the school and ended up having to leave their vehicle. Not sure why people are disappointed that it does that.

 

[GodFearinGunTotin]

IBGFGT

I've been sick since yesterday afternoon and not up to my usual standards.

 

[TaunTaun]

Can't trust those unpredictable, unstable, and clearly dangerously mentally unbalanced school teachers...and don't even get me started on school board members. It is good that they recognize that they can not be trusted with firearms. The next step is to prevent them from having another dangerous weapon called a vehicle. After that, they will restrict their ability to have contact with children. It is for the children and the only safe way....

 

[John Galt]

Schools cannot do this, as they were prohibited from doing so - http://iga.in.gov/static-documents/6/6/6/6/66663bcd/SB0229.04.ENRS.pdf.
SECTION 1. IC 34-28-7-2, AS AMENDED BY P.L.114-2012,
SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 2. (a) Notwithstanding any other law and except
as provided in subsection (b), a person may not adopt or enforce an
ordinance, a resolution, a policy, or a rule that:
(1) prohibits; or
(2) has the effect of prohibiting;
an employee of the person, including a contract employee, from
possessing a firearm or ammunition that is locked in the trunk of the
employee's vehicle, kept in the glove compartment of the employee's
locked vehicle, or stored out of plain sight in the employee's locked
vehicle.
(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;
This section is struck through in the law, but I cannot get it to show up here.

 

[SteveM4A1]

Schools cannot do this, as they were prohibited from doing so - http://iga.in.gov/static-documents/6/6/6/6/66663bcd/SB0229.04.ENRS.pdf.
SECTION 1. IC 34-28-7-2, AS AMENDED BY P.L.114-2012,
SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 2. (a) Notwithstanding any other law and except
as provided in subsection (b), a person may not adopt or enforce an
ordinance, a resolution, a policy, or a rule that:
(1) prohibits; or
(2) has the effect of prohibiting;
an employee of the person, including a contract employee, from
possessing a firearm or ammunition that is locked in the trunk of the
employee's vehicle, kept in the glove compartment of the employee's
locked vehicle, or stored out of plain sight in the employee's locked
vehicle.
(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;
This section is struck through in the law, but I cannot get it to show up here.

I believe you are correct.

In the link, Guy stated in the comments section that he would take that case

 

[dprimm]

the worst part is schools are not willing to discuss school security. All check the block, everything is fine here. Mr Employee, shut up -- we have everything under control. If we want your opinion, we will tell you what it is.

 

[poppy]

I believe you are correct.

In the link, Guy stated in the comments section that he would take that case

Steve, what link are you referring to which contain Guy's comments?

 

[Mr. Habib]

Go to the link in the OP and click on the comments tab. Guy's is the last one.

 

[poppy]

Found it. Thanks, mr. H.

 

[Slawburger]

Schools cannot do this, as they were prohibited from doing so - http://iga.in.gov/static-documents/6/6/6/6/66663bcd/SB0229.04.ENRS.pdf.
SECTION 1. IC 34-28-7-2, AS AMENDED BY P.L.114-2012,
SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2014]: Sec. 2. (a) Notwithstanding any other law and except
as provided in subsection (b), a person may not adopt or enforce an
ordinance, a resolution, a policy, or a rule that:
(1) prohibits; or
(2) has the effect of prohibiting;
an employee of the person, including a contract employee, from
possessing a firearm or ammunition that is locked in the trunk of the
employee's vehicle, kept in the glove compartment of the employee's
locked vehicle, or stored out of plain sight in the employee's locked
vehicle.
(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;


This section is struck through in the law, but I cannot get it to show up here.

You are correct. The .gov site that I used did not reflect the change that occurred two weeks ago. I found it on another .gov site and the bold section above has been removed.

 

[poppy]

Thanks for clarifying, slaw

 

[DRob]

the worst part is schools are not willing to discuss school security..........................

Not so amigo. Every public school system in Marion County has full time security personnel and are more than willing to discuss security issues. I used to attend a monthly meeting of school security personnel. When I retired, the 3rd largest police department in the county was the Indpls Public School PD. Pike Township Schools may have been the 4th.

 

[Redhorse]

Not so amigo. Every public school system in Marion County has full time security personnel and are more than willing to discuss security issues. I used to attend a monthly meeting of school security personnel. When I retired, the 3rd largest police department in the county was the Indpls Public School PD. Pike Township Schools may have been the 4th.

Although it may be silly to ask, how are crime rates where these security personal are in place? Also, do they have the same or similar policing powers as other police forces?

 

[cobber]

And the JC got it wrong:

The policy prohibits all but police officers, school resource officers and security officers from possessing firearms on school property, Superintendent Les Huddle said.

Law enforcement officer per the statute does not necessarily equal PO, SRO or SO.

 

[poppy]

It appears the Lafayette school board has revised their firearms policy to reflect current(as of July 1, 2014 indiana code). To access the school board's site, go to lac.k12.in.us. From there, scroll down to "updated online access to school board meeting information." Next, go to lac school board notices, agendas, and minutes. Click on the Monday, July21, 2014 regular school board meeting agenda packet. Look at item 6 A possessing firearms on school property.