College Carry Question

[conan1rice]

Im a student at Purdue, and pretty well versed in the campus carry debate, but i wanted to get peoples opinion on this. Indiana law prohibits anyone from prohibiting a firearm a vehicle. Based on this law, does a college have a right to deny you to carry in your vehical. I know your not an employee, but what do you think. here is the law:


IC 34-28-7
Chapter 7. Possession of Firearms and Ammunition in Locked Vehicles

IC 34-28-7-1
Application
Sec. 1. This chapter applies only to possession of a firearm or ammunition by an individual who may possess the firearm or ammunition legally. This chapter does not apply to the possession of a firearm, ammunition, or other device for which an individual must possess a valid federal firearms license issued under 18 U.S.C. 923 to possess the firearm, ammunition, or other device.
As added by P.L.90-2010, SEC.7.
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.
IC 34-28-7-3
Civil actions
Sec. 3. (a) An individual who believes that the individual has been harmed by a violation of section 2 of this chapter may bring a civil action against the person who is alleged to have violated section 2 of this chapter, other than a person set forth in IC 34-6-2-103(j)(2).
(b) If a person is found by a court, in an action brought under subsection (a), to have violated section 2 of this chapter, the court may do the following:
(1) Award:
(A) actual damages; and
(B) court costs and attorney's fees;
to the prevailing individual.
(2) Enjoin further violations of this chapter.
As added by P.L.90-2010, SEC.7.

IC 34-28-7-4
Other rights and remedies
Sec. 4. This chapter does not limit a person's rights or remedies under any other state or federal law.
As added by P.L.90-2010, SEC.7.

IC 34-28-7-5
Jurisdiction over action against employer
Sec. 5. A court does not have jurisdiction over an action brought against an employer who is in compliance with section 2 of this
chapter for any injury or damage resulting from the employer's compliance with section 2 of this chapter.
As added by P.L.90-2010, SEC.7.

 

[kludge]

Students are not employees. In my opinion they are violating your right. But they won't change until the legislature or the Indiana Supreme Court tells them they have to change.

So far the legislature has not wanted to touch the issue of campus carry. And there is no reason they have to, with so small a percentage of the electorate who are college students.

I guess that leaves two options. 1) Carry and don't tell anyone. 2) Carry and tell people.

FWIW, I carried. I graduated in 1996. The only person who ever "made" me was a good friend who also carried. One day she gave me a pat (appendix carry, she caught me a little off guard.), then opened her purse and showed me hers.

There was a meeting I went to a couple years ago at Purdue to support a group in student government (my wife was at that time a student at IUPUI and was also affected by the IU/PU weapons policy, she just graduated). As a result of what I heard at that meeting I think you might have a pretty good change of getting pepper spray to be an item that won't get you kicked out of school... baby steps might be another option to defiance of the policy... and it's something I think you could get a lot of support for... especially if you get a vocal group of women on your side.

 

[CathyInBlue]

And even if you ceased to be a student and became a pure employee:

(5) in or on property belonging to an approved postsecondary educational institution (as defined in IC 21-7-13-6(b));

I'll save you the looking of it up. Purdue qualifies. In order to get the guns in parking lots law to apply to universities, as perverse as the ban is, you have to get subsection (5) repealed.

 

[Maximinus Thrax]

Students are not employees.

^^ That right there pretty much sums it up.^^ I always just kept mine in my car and would make sure no one was around when I unholstered and reholstered.

 

[glockednlocked]

I know several students from back years ago to very recently who carried everyday on campus. Big boy rules. weigh all the options. Make your own choice. You may lose scholarships, be expelled, totally screw up your future, or you may not. Universities regularly think of "their " property as private property and act as such. Our tax dollars fund lawyers by the dozen to impose the university will it is hard to fight that. The legislator will either fix the issue or just avoid it. University administrators will just do as they wish unless the state using clear direct language steps in.

 

[Maximinus Thrax]

You may also want to look for the SCCC (Students for concealed Carry on Campus) on Purdue's Campus. Jeremiah is a great guy and a great resource on campus.

 

[Redhorse]

You may also want to look for the SCCC (Students for concealed Carry on Campus) on Purdue's Campus. Jeremiah is a great guy and a great resource on campus.

This is your best option. I asked the exact same question a few weeks ago and pretty much was told that I'd get expelled if I got caught so its up to you. I'm going to join SCC and push for it to be legal if we keep it in our cars. This could pass while we're in school but I seriously doubt well be able to cc in college during our career. I say this assuming you're a freshman in college as I am but I could be entirely wrong so I'm sorry in my assumption.

 

[TaunTaun]

Even as an employee of a university, because of subsection 5, the college still can make it's own rules for firearms in vehicles in the parking lot. If you are found to be violating university policy, you can and will be terminated.

You are only safe from repercussion if you are not an employee or a student. Everyone else is fine carrying....

 

[CathyInBlue]

I believe there could also be a slivver of hope if you did not park on the premises of the university, but rather in public, off-campus parking, or on-street parking where the university has no legitimate policy interests. If they were to fire you for commuting to such a parking accommodation while armed, but you remained disarmed while on campus and you could get them to admit to firing you for that, I believe you would have grounds to sue them under their own rules of employee conduct as they would have exceeded them in order to discharge you for that reason.

 

[Hogwylde]

I used to keep my AR in my dorm room and shoot it at the armory (with a 22 conversion kit) back in the 80's. Never had a problem. But, I never advertised the fact that I had it and tried to keep it under wraps while transporting it back and forth.