School parking lots, advice?

[Roguelet]

I've heard that it is legal to carry in school parking lots as long as you don't get out of your car, but that's not exactly the impression that I get when I read this:

IC 35-47-9-2 Possession of firearms on school property or a school bus; defense to a prosecution; possession of firearms in a motor vehicle parked in a school parking lot Sec. 2. (a) A person may not be charged with an offense under this subsection if the person may be charged with an offense described in subsection (c). A person who knowingly or intentionally possesses a firearm: (1) in or on school property; or (2) on a school bus; commits a Level 6 felony. (b) It is a defense to a prosecution under subsection (a) that: (1) the person is permitted to legally possess the firearm; and (2) the firearm is: (A) locked in the trunk of the person's motor vehicle; (B) kept in the glove compartment of the person's locked motor vehicle; or (C) stored out of plain sight in the person's locked motor vehicle. (c) A person who is permitted to legally possess a firearm and who knowingly, intentionally, or recklessly leaves the firearm in plain view in a motor vehicle that is parked in a school parking lot commits a Class A misdemeanor.

It seems that if you very literally interpret this, a person could set themselves up for trouble. I suppose if the firearm was concealed and you didn't get out of the car AND the car was locked the entire time you would be in compliance, but if the car was locked the entire time, it would be a little difficult to drop off or pick up kids. Also, it would appear that the firearm should be locked in the trunk prior to entering the parking lot in the first place, assuming you intend to unlock your door. The way that I read this, the firearm must be in a locked part of the vehicle at all times, as well as out of sight... so either in the locked trunk, or in the glove compartment or out of sight with the doors locked. If you have a hatchback, does that still count as a "locked trunk" or must it be a fully enclosed "trunk?"

I'm not trying to be difficult or nit-picky, I'm trying to make sure I don't get arrested for doing something stupid. I haven't started carrying yet. I'm doing my research first, and won't start until I'm comfortable that all of my i's are dotted and my t's are crossed. When I'm not home I spend most of my time on school grounds, so it is very important that I understand the laws without being confused or muddling around in "grey area."

My typical afternoon is some variation of this: Drive to school #1 to pick up child #1... from there, drive straight to school #2 to pick up child #2... from there, drive straight to school #3 where they have a few of hours of practice; go in to the school while they practice there, unless one or both kids have meets. If there is a meet, drive on to various random schools #4 through #537 and go into those schools for the duration of the meet. I leave the house at 2:00 and don't return until late evening every day, but I am either at a school or driving between schools during that entire time. It seems like I would need to have my firearm locked up during that entire time, so would it make more sense to just leave it at home during "school run time?"

 

[Tactically Fat]

You can lock it IN your car now and exit your vehicle.

Mine gets locked in the glove box. Doesn't have to be the trunk.

I suggest getting a holster that you can easily don and doff while sitting in the car.

 

[eldirector]

My own interpretation:

I carry the entire time I am in the car. If I need to leave the vehicle, I disarm (as safely as possible) and secure the firearm out of sight, as per IC, and lock the door (assuming I have doors).

IMHO, by strict interpretation, concealed carry inside a locked car is "stored out of plain sight in the person's locked motor vehicle".

The current law is better than the old "drop off" law, but is still fairly ridiculous.

 

[lovemachine]

It's a stupid stupid stupid law.

 

[cosermann]

Since, per this study [1], CCW license holders are significantly less likely to commit crimes than, say, police officers (1/6 as likely!) why have so-called GFZs for citizens, but not for LEOs? Flip it! Or, get rid of the enforced victim zones. All they do is setup potential pitfalls for otherwise law-abiding citizens.

[1] - Gun Owners Least Likely Criminals, Report Finds

 

[Ambu]

Does this apply to colleges and universities as well, or just to public k-12 schools? Do the universities establish their own precedent?

 

[Joniki]

Since, per this study [1], CCW license holders are significantly less likely to commit crimes than, say, police officers (1/6 as likely!) why have so-called GFZs for citizens, but not for LEOs? Flip it! Or, get rid of the enforced victim zones. All they do is setup potential pitfalls for otherwise law-abiding citizens.

[1] - Gun Owners Least Likely Criminals, Report Finds

^^^^^THIS....

 

[littletommy]

Since, per this study [1], CCW license holders are significantly less likely to commit crimes than, say, police officers (1/6 as likely!) why have so-called GFZs for citizens, but not for LEOs? Flip it! Or, get rid of the enforced victim zones. All they do is setup potential pitfalls for otherwise law-abiding citizens.

[1] - Gun Owners Least Likely Criminals, Report Finds

I don't call them GFZs, I refer to them as HCHAFGZ, or, hey criminal, here's a free gun zone. All they have to do is bust out a window to get it.

 

[femurphy77]

Watch out for 5 year old girls!

 

[hpclayto]

Does this apply to colleges and universities as well, or just to public k-12 schools? Do the universities establish their own precedent?

Only K-12. Universities establish their own rules and policies. If you're a student/employee you could face termination/expulsion but for the normal folk all they can do is ask you to leave like any other place of business.

 

[JoeG1]

wear as normal, when you exit put it out of plain sight and lock the car

 

[eldirector]

Does this apply to colleges and universities as well, or just to public k-12 schools? Do the universities establish their own precedent?

Indiana has a very specific definition of "school". It does NOT include colleges or universities. Does NOT include Sunday School. It DOES include K-12, preschool, daycares required to be licensed, Head Start, and a couple of other minor items.

 

[Bill of Rights]

IC 35-47-9-2 Possession of firearms on school property or a school bus; defense to a prosecution; possession of firearms in a motor vehicle parked in a school parking lot
Sec. 2.

(a) A person may not be charged with an offense under this subsection if the person may be charged with an offense described in subsection (c). A person who knowingly or intentionally possesses a firearm:

(1) in or on school property; or
(2) on a school bus; commits a Level 6 felony.​

(b) It is a defense to a prosecution under subsection (a) that:

(1) the person is permitted to legally possess the firearm; and
(2) the firearm is:

(A) locked in the trunk of the person's motor vehicle;
(B) kept in the glove compartment of the person's locked motor vehicle; or
(C) stored out of plain sight in the person's locked motor vehicle.
​

(c) A person who is permitted to legally possess a firearm and who knowingly, intentionally, or recklessly leaves the firearm in plain view in a motor vehicle that is parked in a school parking lot commits a Class A misdemeanor.
​

According to 35-47-9-2(c), a police officer who leaves his/her long gun in the rack in the vehicle would seem to be in violation of statute, yes?
Of course, by the letter of the law, a person entering or exiting his vehicle with a handgun in the glove compartment or otherwise "out of plain sight" (other than locked in the trunk) is in violation as well, because the vehicle is not, at that moment, locked.

I would wonder how that would apply to a gun locked in a vehicle safe, as the gun is out of plain sight and is also locked in a place that is intended to make access difficult to other than the rightful owner.

Blessings,
Bill

 

[eldirector]

@bill - you left out the exemptions, which notes law enforcement, in 35-47-9-1.

I've wondered how this would apply to motorcycles, or in my case, Jeeps without doors. While I can technically lock my glove box, that isn't what the law says and is probably the LEAST secure place in the vehicle.

 

[Bill of Rights]

Alas, you are correct. I was going only on what was posted. The error is mine.

Blessings,
Bill

@bill - you left out the exemptions, which notes law enforcement, in 35-47-9-1.

I've wondered how this would apply to motorcycles, or in my case, Jeeps without doors. While I can technically lock my glove box, that isn't what the law says and is probably the LEAST secure place in the vehicle.

 

[Kirk Freeman]

According to 35-47-9-2(c), a police officer who leaves his/her long gun in the rack in the vehicle would seem to be in violation of statute, yes?

*ahem*

Dude, it's in your outline.

 

[Bill of Rights]

See post #15, Professor.

*ahem*

Dude, it's in your outline.