It is a terrible shame.
This happens to more people than just these two. Laws have become so all encompassing "for our safety" that it will injure us.
Now, when people henceforth use the term felon and criminal... remember you will be talking about these two as well.
They did nothing wrong. Yes, there was a law about it, but it was nothing wrong. People have forgotten that laws are just written by people. And many of them, while good in intent, result in bad situations.
I once heard a lawyer say, hard cases make bad laws. But I refuted that with bad laws make hard cases.
What I don't get, is if they found marijuana in their car... it would be theirs because the car is their property, regardless of why it was there. But, when it's a gun, then the car is ignored.
Absolutely out of control.
I really think the best the kids could hope for is a plea bargain.
They should plea guilty to a misdameaner and regain their rights to firearms in the future.
Lesson learned: Park off campus.
See cigarettes gives someone probable cause to search a vehicle?!
These kids now might have a class D felony on thier record and will no longer be able to own a gun and go hunting. This is a shame and our founding fathers would be ashamed of this. This is a sad story.
I really think the best the kids could hope for is a plea bargain.
They should plea guilty to a misdameaner and regain their rights to firearms in the future.
I'd like to see schools defined as the CLASSROOM. Not the mega-millions gym/sports complex (ala Carmel). Not the parking lots. Not the etc. etc. etc....
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IC 35-47-9
Chapter 9. Possession of Firearms on School Property and School Buses
<A name=IC35-47-9-1>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 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.
(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.
So as I understand it, as soon as he turned off the car and left the vehicle with the firearms secured(!) inside out of sight, He committed the felony.
Even though by the text in red he should be covered under an exclusion. It all falls on the definition of "operated". It was his car, he is 18 and he was driving himself and a friend to and from school. Is "operated" defined as being in direct operational control at all times without break, pause or shutdown?
As added by P.L.140-1994, SEC.11.
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.
If this goes thru that means that possession in your vehicle at any of the above is a felony if you stop, park or leave your vehicle at any time, even if the firearm is secured in the trunk.
Are there other statues that may apply? How do you see them being applied?
Collection of evidence for proof of rule-breaking and an excuse to search the rest of the vehicle for any additional infractions.Why search the car when the cigarettes are in plain view, i.e. no need to search? A reasoable person, opens the car, takes the smokes, end of story.
if they have an active shooter in the building the principal has to call the superintendent and ask permission to call 911.