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?
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.
I've been sick since yesterday afternoon and not up to my usual standards.IBGFGT
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
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.
the worst part is schools are not willing to discuss school security..........................
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?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.
The policy prohibits all but police officers, school resource officers and security officers from possessing firearms on school property, Superintendent Les Huddle said.