is a sunday school considered a school for

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  • Archbishop

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    My OPINION is no. I carry at our church and so does our pastor. However my understanding is that if you have a day care in your church, read business, then carry is a no no. Wonder if it's still a no no on a SUnday when the day care isn't open?
     

    Bill of Rights

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    My OPINION is no. I carry at our church and so does our pastor. However my understanding is that if you have a day care in your church, read business, then carry is a no no. Wonder if it's still a no no on a SUnday when the day care isn't open?

    The answers I've seen indicate that yes, it is. Example: You cannot carry on school property at any time, day or night, winter or summer. A school is always a school in the eyes of the law. It's crap, but that's how it's enforced.

    Blessings,
    Bill
     

    agentl074

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    It is my understanding that a "school must be either a K-12 institution, registered day care, an active 'school function'" or be adjacent to the aforementioned locations.
     

    Indy_Guy_77

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    It is my understanding that a "school must be either a K-12 institution, registered day care, an active 'school function'" or be adjacent to the aforementioned locations.


    This is correct. There are certain qualifiers for it to be a "school".

    A Sunday-only sunday school at a church is not a "school" by any of the definitions found in the Indiana Code.

    One must be careful, though, that the church in question does not also have a preschool or a licensed day-care in operation on the property. ANYWHERE on the property. In this situation, it IS a school according to the I. C.; it is also never not a school. IE, if they have a summer break, then even if you're at the place on July 31 at midnight, when school hasn't been in session for over a month, it's STILL a school.



    -J-
     

    Feign

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    This is correct. There are certain qualifiers for it to be a "school".

    A Sunday-only sunday school at a church is not a "school" by any of the definitions found in the Indiana Code.

    One must be careful, though, that the church in question does not also have a preschool or a licensed day-care in operation on the property. ANYWHERE on the property. In this situation, it IS a school according to the I. C.; it is also never not a school. IE, if they have a summer break, then even if you're at the place on July 31 at midnight, when school hasn't been in session for over a month, it's STILL a school.



    -J-
    Exactly. So if you're ever pulled over in a school zone, don't pull into the parking lot or even an entrance/exit.
     

    INGunGuy

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    This is correct. There are certain qualifiers for it to be a "school".

    A Sunday-only sunday school at a church is not a "school" by any of the definitions found in the Indiana Code.

    One must be careful, though, that the church in question does not also have a preschool or a licensed day-care in operation on the property. ANYWHERE on the property. In this situation, it IS a school according to the I. C.; it is also never not a school. IE, if they have a summer break, then even if you're at the place on July 31 at midnight, when school hasn't been in session for over a month, it's STILL a school.



    -J-

    OK, well what about a "licensed day care facility" in someones private residence? Other than having the city/county come down on someone running a business out of a residential neighborhood without being rezoned, would it still be considered a school under existing gun laws?

    INGunGuy
     

    EdC

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    OK, well what about a "licensed day care facility" in someones private residence? Other than having the city/county come down on someone running a business out of a residential neighborhood without being rezoned, would it still be considered a school under existing gun laws?

    INGunGuy

    In my opinion, yes. "School property" is defined in IC 35-41-1-24.7 (the statute regarding illegal drug sales within 1,000 ft) , and includes a building or structure owned or rented by an entity required to be licensed under IC 12-17-2, and adjacent grounds. IC 12-17-2 covers licensing for "day care centers" and "day care homes."

    Take a peek online. The State of Indiana has all the statutes available here: Indiana Constitution
     

    INGunGuy

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    In my opinion, yes. "School property" is defined in IC 35-41-1-24.7 (the statute regarding illegal drug sales within 1,000 ft) , and includes a building or structure owned or rented by an entity required to be licensed under IC 12-17-2, and adjacent grounds. IC 12-17-2 covers licensing for "day care centers" and "day care homes."

    Take a peek online. The State of Indiana has all the statutes available here: Indiana Constitution

    Well if that is the case, then my property would be considered a school since the kiddos are picked up by the school bus in front of my home, since it is being used for a school function, bus pickup...

    Just something to think about.

    INGunGuy
     

    barrelmaker_2002

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    Note that my copy of Indiana Handgun Laws strongly advises AGAINST carrying a firearm in a church that a) offers any sort of childcare or b) offer any sort of Sunday school or religious instruction.

    For those of you who own a handgun and/or have a LTCH, I strongly advise you purchase a copy of this excellent reference and read it.
     
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    EdC

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    Well if that is the case, then my property would be considered a school since the kiddos are picked up by the school bus in front of my home, since it is being used for a school function, bus pickup...

    Just something to think about.

    INGunGuy

    No, I don't think your property is a "school." I think the first question would be if a bus stop pickup is use of property for a "school function." Let's presume for the sake of this analysis it is. Even then, the Indiana firearm statute doesn't prohibit firearms on property adjacent to property being use for a "school function"-just in or on property being used for a school function. The firearm statute does specifically prohibit firearms on school buses. I would argue that if the legislature wanted to prohibit firearms within a certain vicinity of bus stops, then the prohibition would have been in IC 35-47-9-2, "Possession of firearms on school property, at school function, or on school bus"

    (That "adjacent" language in the statute I cited is for purposes of determining the 1,000 ft. distance. I didn't cite all wording of a statute, but the sense I get from it is that you measure from the property boundary of property adjacent to whatever school building is at issue. In other words, a drug deal might have taken place 1,050 from a school building, but the BG's aren't off the hook for the enhanced sentence if they were 950 ft. from the playground, for example.)
     

    agentl074

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    No, I don't think your property is a "school." I think the first question would be if a bus stop pickup is use of property for a "school function." Let's presume for the sake of this analysis it is. Even then, the Indiana firearm statute doesn't prohibit firearms on property adjacent to property being use for a "school function"-just in or on property being used for a school function. The firearm statute does specifically prohibit firearms on school buses. I would argue that if the legislature wanted to prohibit firearms within a certain vicinity of bus stops, then the prohibition would have been in IC 35-47-9-2, "Possession of firearms on school property, at school function, or on school bus"

    (That "adjacent" language in the statute I cited is for purposes of determining the 1,000 ft. distance. I didn't cite all wording of a statute, but the sense I get from it is that you measure from the property boundary of property adjacent to whatever school building is at issue. In other words, a drug deal might have taken place 1,050 from a school building, but the BG's aren't off the hook for the enhanced sentence if they were 950 ft. from the playground, for example.)

    IC 35-47-9-2 section 3: on a school bus. There is no radius around the bus. It just means that you cannot walk your child onto the bus.
     
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    chiggins83187

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    Note that my copy of Indiana Handgun Laws strongly advises AGAINST carrying a firearm in a church that a) offers any sort of childcare or b) offer any sort of Sunday school or religious instruction.

    For those of you who own a handgun and/or have a LTCH, I strongly advise you purchase a copy of this excellent reference and read it.

    Isn't that sort of the point of a church?

    And it's also strongly advised that people don't smoke, but that doesn't mean you can't (not that you're implying you can't carry at church).
     

    MrsGungho

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    IC 35-47-9-2 section 3: on a school bus. There is no radius around the bus. It just means that you cannot walk your child onto the bus.

    good thing, my sons bus stop is in front of an IMPD officers home and I do CC when I walk him there in the morning.

    Exactly. So if you're ever pulled over in a school zone, don't pull into the parking lot or even an entrance/exit.

    From the Indiana Handgun Law book it states that there is a protocol that allows taking persons (presumably children) to and from school, or a school function, so long as the Licensee is operating a motor vehicle, arrives, and drops off individuals, and then leaves, all without exiting and/or stopping the vehicle.

    So there is one exception to being on school grounds with a firearm, being pulled over doesn't look like it would be one. You do have to also then be concerned about the patrolman pulling you over that they don't get to angry that you didn't pull directly over.
     

    jedi

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    :faint: too many details to this law that hae yet to stop any mass shootings!
    No guns on the bus.. why? Is your gun going to go BAM! when you are on the bus but not walking to/from the bus?

    No guns in shool.. why? Is somehow the act that you carry and are INSIDE a schoolall of a sudden make you go cazy and shoot up the shoot? Oh look I'm on shoot propery now and I have a gun. So my brain must send a signal to start shooting!
    :faint:
    We really need to organize and toss this law out the window
    *sigh*
     

    cosermann

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    We just really need to change the law. Too many laws create traps for otherwise lawful citizens and the ability of government to make a criminal out of virtually anyone by selectively enforcing the law.
     
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