On campus housing?

[KW730]

I'm assuming it is legal, but I figure I will ask for the sake of discussion. If I were living on a University campus with regulations against firearms, and I did not have a LTCH, and had a firearm in my residence (be it dorm or apartment, please differentiate between the two if there is a difference where the law is concerned) would I be committing a felony?

If so, I'm assuming that by having the firearm in a case with the ammunition stored separately, I am legal?

 

[rockhopper46038]

No, you absolutely would not. But you might get expelled or fired, depending on whether you are a student or an employee. No difference between dorm and apartment. No difference loaded or unloaded.

Edit: This University is in Indiana though, yes?

Edit: You have not committed a prior felony?

Edit: The firearm isn't stolen?

 

[eldirector]

First, I don't believe it is against any laws. Might be in violation of your lease agreement, especially if it is a dorm (as all campus rules apply 100% there). What does your lease say?

Second, it is a Class A misdemeanor, unless you are within 1000' of a school. Then it is a C Felony.

 

[KW730]

No, you absolutely would not. But you might get expelled or fired, depending on whether you are a student or an employee. No difference between dorm and apartment. No difference loaded or unloaded.

Edit: This University is in Indiana though, yes?

That's what I assumed, but figured I would ask INGO just to make sure. Thanks

Edit: Yes, in Indiana

Firearm is not stolen.

No prior felony.

I am perfectly legal to own the firearm.

 

[KW730]

Second, it is a Class A misdemeanor, unless you are within 1000' of a school. Then it is a C Felony.

What exactly are you saying is a class A misdemeanor? Having the firearm in my possession in my residence? It is an apartment, but I was curious about dorms also.

 

[eldirector]

Oops.. meant at MOST a Class A or C Felony.

All depends if the property is "owned, leased, rented, or otherwise legally controlled" by you or by the university.

Dorms rooms I BELIEVE are controlled by the University. You don't have the same rights as a "renter". For instance, they can enter the room pretty much whenever they want for any reason at all. As such, it is entirely possible that without an LTCH it would be illegal to have a handgun there without their permission.

On-campus apartments would likely (but not always) be leased/rented by the student in a fairly typical lease agreement.

Greek housing throws in another wrench. Might be University-owned, or might be owned by the non-profit. Either way, I doubt a student would own/lease/rent.

 

[Movealongmovealong]

What exactly are you saying is a class A misdemeanor? Having the firearm in my possession in my residence? It is an apartment, but I was curious about dorms also.

It is definitely not a crime, as long as you are otherwise legally allowed to own said firearm.

Also, it doesn't matter if you have a LTCH to keep it in your residence (which a dorm would definitely be), in this situation. If you were to carry it, though, that's obviously a different story.

If you got caught with the firearm by campus administration, and it's one of the state schools (IUPUI, Purdue, IU), you would definitely be expelled. I don't know if the campus police would report you if you happened to be stopped and found to be in legal possession. If you wanted to know that, I suggest just calling up the campus PD.

 

[Movealongmovealong]

Oops.. meant at MOST a Class A or C Felony.

All depends if the property is "owned, leased, rented, or otherwise legally controlled" by you or by the university.

Dorms rooms I BELIEVE are controlled by the University. You don't have the same rights as a "renter". For instance, they can enter the room pretty much whenever they want for any reason at all. As such, it is entirely possible that without an LTCH it would be illegal to have a handgun there without their permission.

On-campus apartments would likely (but not always) be leased/rented by the student in a fairly typical lease agreement.

Greek housing throws in another wrench. Might be University-owned, or might be owned by the non-profit. Either way, I doubt a student would own/lease/rent.

This is a very interesting point, and I tend to disagree on first thought, but it would really good to know if this is the case in respect to case law or code.

 

[rockhopper46038]

Oops.. meant at MOST a Class A or C Felony.

All depends if the property is "owned, leased, rented, or otherwise legally controlled" by you or by the university.

Dorms rooms I BELIEVE are controlled by the University. You don't have the same rights as a "renter". For instance, they can enter the room pretty much whenever they want for any reason at all. As such, it is entirely possible that without an LTCH it would be illegal to have a handgun there without their permission.

On-campus apartments would likely (but not always) be leased/rented by the student in a fairly typical lease agreement.

Greek housing throws in another wrench. Might be University-owned, or might be owned by the non-profit. Either way, I doubt a student would own/lease/rent.

Clearly I'm not a lawyer, so it's best to check with one, but I know that when I was in school, I "resided" in the dorm, a fraternity house and a campus apartment and in all cases I had to provide payments to stay there. This, to me, would fulfill the requirement of that location being my "residence" under the law in the same way I believe there is case law which supports that paying for a room in a hotel makes that room your "residence" for the night, as far as firearms possession is concerned.

 

[Movealongmovealong]

Called IU PD - they said it would not be illegal to have a legally owned firearm in a dorm or university apartment, using such space as a legal residence.

I think another supporting piece of evidence, however seemingly contradictory, is the fact that if someone domiciles in a dorm or university apartment for the majority of a year and also works in the same location, they would obligated to file local, state and federal taxes (as applicable) as a resident of that place.

NOW, that being said, try to level that and square it away with the state universities policies of charging out-of-state tuition to students who are legally considered residents.. well, obviously a BIG contradiction there, but that's mostly just playing a game for money, not rights (and I am constantly surprised that no one has sued over this, considering the huge cost differential and the modern ease and commonality of interstate travel).

 

[KW730]

So as long as I have a lease agreement, the property is legally being leased by me and I am perfectly legal in possessing a loaded firearm within the confines of my residence? I don't have my copy of the lease agreement handy, but I did sign one.

 

[Movealongmovealong]

So as long as I have a lease agreement, the property is legally being leased by me and I am perfectly legal in possessing a loaded firearm within the confines of my residence? I don't have my copy of the lease agreement handy, but I did sign one.

Certainly seems that way. Again, I would consult with the university/college PD to make sure, but as far as I can tell, it seems you are good.

I also asked IUPD if they make a habit of reporting someone to the university bureaucracy, if that person is legally in possession and has committed no crime. They said, "No." So if you get a stop and frisk for example, for some reason, and you are carrying legally on campus, looks like you are still good. Pretty sweet.

 

[KW730]

Certainly seems that way. Again, I would consult with the university/college PD to make sure, but as far as I can tell, it seems you are good.

I also asked IUPD if they make a habit of reporting someone to the university bureaucracy, if that person is legally in possession and has committed no crime. They said, "No." So if you get a stop and frisk for example, for some reason, and you are carrying legally on campus, looks like you are still good. Pretty sweet.

Sadly, I don't see my university's PD being so accepting based off the minimal encounters I have had with them. I'm fairly positive if I called and asked, my phone number would be ran through the schools database and they would show up at my doorstep to expel me.

I'm not as much worried about being expelled as I am about being charged with a felony. I would rather be expelled than be dead, so for me, it's worth the risk. Hopefully I will have my LTCH in a few more weeks anyway.

 

[rockhopper46038]

Sadly, I don't see my university's PD being so accepting based off the minimal encounters I have had with them. I'm fairly positive if I called and asked, my phone number would be ran through the schools database and they would show up at my doorstep to expel me.

I'm not as much worried about being expelled as I am about being charged with a felony. I would rather be expelled than be dead, so for me, it's worth the risk.

On the bright side, whatever University you attend doesn't get to make their own laws, so you need not worry about it being felony at your school, when it is not a felony elsewhere.

 

[KW730]

On the bright side, whatever University you attend doesn't get to make their own laws, so you need not worry about it being felony at your school, when it is not a felony elsewhere.

Exactly. Thanks for your help, and thanks to everyone else.

 

[practicaltactical]

check out concealedcampus.com

 

[Movealongmovealong]

Sadly, I don't see my university's PD being so accepting based off the minimal encounters I have had with them. I'm fairly positive if I called and asked, my phone number would be ran through the schools database and they would show up at my doorstep to expel me.

I'm not as much worried about being expelled as I am about being charged with a felony. I would rather be expelled than be dead, so for me, it's worth the risk. Hopefully I will have my LTCH in a few more weeks anyway.

I seriously doubt that, but if you are really that worried, if you feel like divulging the school you're attending, I'll call them myself. I can even record the phone call and post it, pretty easily.

 

[KW730]

I seriously doubt that, but if you are really that worried, if you feel like divulging the school you're attending, I'll call them myself. I can even record the phone call and post it, pretty easily.

I would like to be as safe as possible when there's a chance I could be expelled. I would appreciate it if you could call, and if not I can use my girlfriends phone tomorrow, just to be sure.

Vincennes University 812.888.5555.

 

[Movealongmovealong]

Check back in a few. I'm on the phone with the wife for a while, but I'll follow up later.

 

[Movealongmovealong]

Well, your hunch was correct. The VUPD dispatcher I got on the phone was 100% "No, you can't have a firearm on a school campus", so they clearly have no idea what the law is. I tried to talk to the guy, again just a dispatcher, but all he said was basically, sorry I don't have time to debate this because I've got other things to do.

So, there you have it. Hope that helps.

I find it very amusing that IUB has such an ultra-liberal reputation, but of course IUB also still has a (not at the moment usable) gun range and the IUPD is well aware of the laws concerning firearms on campus, while Vincennes Uni seems to be out in the woods on the issue. Oh well!