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