Working on a follow up letter to my university's administration and wanted to check the facts first. My reading of the Indiana Code is that university property is not considered "school property" and so the only prohibition is university policy.
Do others agree with this assessment?
If not, would the exemption under 35-47-9-1 Sec. 1. 2-A "(2) A person who has been employed or authorized by: (A) a school; ... to act as a security guard, perform or participate in a school function, or participate in any other activity authorized by a school." mean that all university employees (faculty, staff, grad students, student employees) are exempted?
And yes, I know I'm asking legal advice online (which is worth what I paid for it), I'm just trying to figure out if I need to campaign for a campus rule change, or a campus rule change and a state law change.
Thanks,
Siderite
The relevant parts of the the Indiana code (that I have been able to find):
IC 35-47-9 http://www.state.in.us/legislative/ic/code/title35/ar47/ch9.html
and IC 35-41-1-24.7 http://www.ai.org/legislative/ic/code/title35/ar41/ch1.html#IC35-41-1-24.7
Do others agree with this assessment?
If not, would the exemption under 35-47-9-1 Sec. 1. 2-A "(2) A person who has been employed or authorized by: (A) a school; ... to act as a security guard, perform or participate in a school function, or participate in any other activity authorized by a school." mean that all university employees (faculty, staff, grad students, student employees) are exempted?
And yes, I know I'm asking legal advice online (which is worth what I paid for it), I'm just trying to figure out if I need to campaign for a campus rule change, or a campus rule change and a state law change.
Thanks,
Siderite
The relevant parts of the the Indiana code (that I have been able to find):
IC 35-47-9 http://www.state.in.us/legislative/ic/code/title35/ar47/ch9.html
Chapter 9. Possession of Firearms on School Property and School Buses
IC 35-47-9-1
Exemptions from chapter
35-47-9-1 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.
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
35-47-9-2 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.
As added by P.L.140-1994, SEC.11.
and IC 35-41-1-24.7 http://www.ai.org/legislative/ic/code/title35/ar41/ch1.html#IC35-41-1-24.7
"School property" defined
35-41-1-24.7 Sec. 24.7. "School property" means the following:
(1) A building or other structure owned or rented by:
(A) a school corporation;
(B) an entity that is required to be licensed under IC 12-17.2 or IC 31-27;
(C) a private school that is not supported and maintained by funds realized from the imposition of a tax on property, income, or sales; or
(D) a federal, state, local, or nonprofit program or service operated to serve, assist, or otherwise benefit children who are at least three (3) years of age and not yet enrolled in kindergarten, including the following:
(i) A Head Start program under 42 U.S.C. 9831 et seq.
(ii) A special education preschool program.
(iii) A developmental child care program for preschool children.
(2) The grounds adjacent to and owned or rented in common with a building or other structure described in subdivision
(1).
As added by P.L.296-1987, SEC.4. Amended by P.L.34-1991, SEC.27; P.L.9-1991, SEC.95; P.L.2-1992, SEC.880; P.L.81-1992,
SEC.38; P.L.1-1993, SEC.240; P.L.160-1994, SEC.1; P.L.1-2005, SEC.227; P.L.145-2006, SEC.370.