Need some clarification please!

[ttrimcobra]

My high school i graduated from is having a football game at lucas oil this weekend and my little brother is playing at half-time with the band. I believe carry is prohibited because it is a "school function". (Do not care about lucas oil policies just the felony of carrying at school function.) Also it is also my understanding that i could not even leave it in my vehicle if i park on the lucas oil property during this time. Am i understanding all this correctly? also if this is true can anyone recommend a parking garage that is close? We are going out to eat with my family after the game and I will NOT be downtown unarmed!

 

[ATM]

No, the "school function" crime was repealed last session.

It may return in 2014 if a negligent clerical error is not fixed this coming legislative session, but for now it doesn't exist.

Indiana Code 35-47-9

 

[IndianaLead]

OK, now here's a follow-up question for any legal eagles that might be monitoring this thread. Clearly, they repealed the old "school function" rule wording (at least until next July) for school events held away from the school property itself. It would still be a Class D felony to possess a firearm on actual school property (subject to certain exemptions). If I'm reading the exemptions in IC-35-47-9-1 correctly, you are exempt from prosecution under this law if your firearm is in your posession in a vehicle AND you are using that vehicle to transport someone to & from the school property. So here's my scenario/question. My son has a basketball game at the school. I drive him to the game & park in the school parking lot, stay to watch the game & then take him home after. Assuming I've left my gun secured in my car during the game: #1) Since I've got the car keys, is the gun still technically in my "possession" while I'm inside watching the game?; #2) Since I stayed to watch the game, have I nullified my main purpose & protection under this exemption of "transporting" my son to & from the school & am I now committing a felony? This is not just an intellectual exercise. I'm not a lawyer. (Hypothetically, of course) I drive my son to & from school every day and park in the school parking lot. I secure my gun, then walk him to his classroom as required by the school, then leave. I would think I'm fine under these circumstances, but I'm really curious as to how this rule would play out once he starts needing to go to events at the school. -Bryan @ Indiana Lead

 

[Bunnykid68]

No, you must remain in the vehicle while dropping your son off.

 

[Kirk Freeman]

Unless you are driving the car to drop off Suzy Q or have written permission, keep the gun off school property.

Do NOT park in the school parking lot and leave the gun in the car.

DO park off school property, chuck the pistol(s) AND knives in the trunk and THEN go into the school.

 

[lonehoosier]

 

[IndianaLead]

Thank you, lonehoosier, for you observation. I've appropriately "hypothetical-ized" my post so as not to imply that I may have actually committed any incidental felonies. I appreciate the heads-up.

To take this topic a step further, it seems to me that a high-profile public figure (like our beloved Governor) could not visit a school without having his private security detail leave their weapons off campus (unless of course they were active LEOs). Curious.

 

[Dirtebiker]

Well, since the Governor's security IS State Police, I think they are gtg!

 

[ttrimcobra]

Thanks ATM! I was unclear at the point where it still had it listed but didn't see the "fine print" of not being active until july of next year.