Would you have done anything different?

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  • Bugoutbob

    Plinker
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    Jan 2, 2011
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    South Bend
    I'll preface this by saying I carry whenever legally able.

    My wife and I took our daughter to the zoo today and there was a school bus parked outside. Knowing it is illegal to carry at a business that is currently having a school function, I unfortunately disarmed and locked my handgun in the car. My wife commented on how ridiculous that law is, and how someone really should work on getting that changed.

    Anything I should have done differently?

    On a side note, I didn't see any evidence of a field trip while inside. I'd be pretty screwed if anything happened and they had shown up after I already was inside.
     

    looney2ns

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    Jan 2, 2011
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    Evansville, In
    I'll preface this by saying I carry whenever legally able.

    My wife and I took our daughter to the zoo today and there was a school bus parked outside. Knowing it is illegal to carry at a business that is currently having a school function, I unfortunately disarmed and locked my handgun in the car. My wife commented on how ridiculous that law is, and how someone really should work on getting that changed.

    Anything I should have done differently?

    On a side note, I didn't see any evidence of a field trip while inside. I'd be pretty screwed if anything happened and they had shown up after I already was inside.

    Are schools actually even in session this time of year in your area?
     

    ATM

    will argue for sammiches.
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    I would have carried. Although there does not seem to have ever been a court case to address the nonsensical law, I believe that there is a difference between using a property for a school function and simply attending a property for a school trip.

    When I go to Burger King, I'm not using the property for an eating function, I am simply attending a restaurant the same as everyone else. If I rented out the place for my exclusive use, it would probably be different - the same as a school renting a property for its own functional use.

    Been debated many times but the fact remains... nobody has ever heard of anyone being charged or prosecuted for that here.

    And yes, I'm willing to be the first. :)

    ETA: Here's the actual IC.
    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.
     
    Last edited:

    rockhopper46038

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    May 4, 2010
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    Fishers
    I would have carried. Although there does not seem to have ever been a court case to address the nonsensical law, I believe that there is a difference between using a property for a school function and simply attending a property for a school trip.

    When I go to Burger King, I'm not using the property for an eating function, I am simply attending a restaurant the same as everyone else. If I rented out the place for my exclusive use, it would probably be different - the same as a school renting a property for its own functional use.

    Been debated many times but the fact remains... nobody has ever heard of anyone being charged or prosecuted for that here.

    And yes, I'm willing to be the first. :)

    This settles it for me. It's a silly law, or at least a silly wording of a law. Although I would have done just as you did in the past, in the future I will continue to carry and if questioned or detained I will tell them "my name is ATM" :)
     

    joshualee49

    Sharpshooter
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    Jun 12, 2012
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    Gas City, Indiana
    WARNING: Impersonating an ATM may subject you to some rather odd and possibly horrifying consequences which you need to fully consider.

    :):


    This.

    My wife and kids have treated me like an ATM for years now. First National Bank of Dad, so they say.

    It does have horrifying consequences on my personal firearms budget, that's for sure!

    Thankfully, they have never tried to insert an ATM card - they just walk up and stick thier hands out....
     

    Titanium_Frost

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    Feb 6, 2011
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    Southwestern Indiana
    Personally I don't see it as a "school function" if common people like us are allowed in. But I don't believe this little jewel in the IC has been thouroughly tested yet.

    :+1: for ATM for volunteering though. Who gets to call in the MWAG when you are at a "school fuction?" :D
     

    Quad

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    Apr 7, 2011
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    Fort Wayne
    My wife and I took our daughter to the zoo today and there was a school bus parked outside. Knowing it is illegal to carry at a business that is currently having a school function, I unfortunately disarmed and locked my handgun in the car.

    If I'm not mistaken, isn't technically illegal to even have it in your vehicle in the parking lot if you are not driving and picking someone up or dropping off that is on the same property if, in fact it was a "school function"?

    Just wondering...
     

    Mr. Habib

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    Somewhere else
    If I'm not mistaken, isn't technically illegal to even have it in your vehicle in the parking lot if you are not driving and picking someone up or dropping off that is on the same property if, in fact it was a "school function"?

    Just wondering...
    Yes, it is. That makes this law even more ridiculous.
     

    Mark 1911

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    What if the school bus had been parked in a different lot where you would not have seen it? Or what if the school bus had just dropped the kids off and left in which case you would not have known either. Or, what if the school bus was not being used to transport school kids? Lot's of buses are the school bus type, but not use for school kids (church busses for example, campers, etc...). My point is how ridiculous this law is. How in the world would people know which days the zoo is being used for a school function? :dunno: I would not have disarmed. Concealed maybe but not disarmed.
     

    Bugoutbob

    Plinker
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    Jan 2, 2011
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    8
    South Bend
    If I'm not mistaken, isn't technically illegal to even have it in your vehicle in the parking lot if you are not driving and picking someone up or dropping off that is on the same property if, in fact it was a "school function"?

    Just wondering...

    Yup, I figured the likelihood of that being an issue to be dramatically different and easier to defend in court if needed. However, the parking lot is not solely for the zoo, it is also for a nearby park.

    I think I would have carried if I wasn't struggling financially lately. I've had a reduction in pay by almost 40% in the past two years. Me acting as a shield for my family would at least put them on firm financial footing with my life insurance, vs. me having possible jail time, lawyer expenses, etc. if I needed to use my weapon in self defense and I were to be prosecuted.

    Sad state of affairs isn't it?

    Also, no, I don't have a death wish, I like living, I do it very well.
     

    repeter1977

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    You did the smart thing, since you did not know one way or the other. I would say unless its a posted school function, like the football team holding a cake bake or something and its posted as such, I would assume its not a school function. As another poster stated, there are a lot of buses out there that are used by churches, campers, rented out as party buses, way too many possibilities to disarm yourself. At most maybe concealed.
     

    jworm1420

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    i would have carried concealed anyway like i always do at the zoo. just my opinion though. Do whatevr ur comfortable with
     

    thebishopp

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    Nov 26, 2010
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    Personally I don't see it as a "school function" if common people like us are allowed in. But I don't believe this little jewel in the IC has been thouroughly tested yet.

    :+1: for ATM for volunteering though. Who gets to call in the MWAG when you are at a "school fuction?" :D

    It would be kind of funny if the Evansville tried this defense against you at the upcoming hearing :)....

    You see your honor, there was currently a class visiting the zoo at that time and so we were within our rights to either arrest or ask Mr. TF to leave. Since Mr. TF didn't know that the property was being used for a school function the officers graciously escorted him from the zoo rather than arresting him. Now Mr. TF is repaying our generosity with this frivolous lawsuit. What has this society come to? lol.
     

    Mongoose1.1

    Plinker
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    Jul 22, 2012
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    Anything you should have done differently?

    That's your decision.

    Exercise it wisely.

    I agree, better safe than charged. Even as ridiculous as some of the gun laws are, being the guinea pig for a legal battle over gun rights is not likely to be as fun in reality as some people may think. Yes something could happen while you're there, but it's highly unlikely and probably not worth the possible consequences of breaking the law.
     

    Bugoutbob

    Plinker
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    1   0   0
    Jan 2, 2011
    67
    8
    South Bend
    I really appreciate the feedback, I think if I had the choice I'd do the same. The law is too vague and I don't feel like being a test subject for it.
     
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