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Friday, December 21, 2012

Ind. Law - "Indiana law already allows teachers to carry guns"

That is the headline to this AP story by Charles Wilson that appeared in many state papers yesterday and today. It begins:

INDIANAPOLIS (AP) — While legislators in other states are wrestling with the idea of allowing teachers to carry guns in school, experts say Indiana law already allows it.

The idea has gained traction following the school shooting in Connecticut.

Experts say in Indiana, anyone appointed as a school security guard can carry a gun on school property. But attorney Guy Relford says the law applies to anyone authorized by the school.

The ILB cited the statute, IC 35-47-9, Dec. 19th in this entry.

Sec. 2 provides:

A person who possesses a firearm:
(1) in or on school property; (2) in or on property that is being used by a school for a school function; or
(3) on a school bus;
commits a Class D felony.
As added by P.L.140-1994, SEC.11.
Sec. 1 of the law, however, contains exceptions:
This chapter does not apply to the following:
(1) A:
(A) federal;
(B) state; or
(C) local;
law enforcement officer.

(2) A person who has been employed or authorized by:

(A) a school; or
(B) another person who owns or operates property being used by a school for a school function;
to act as a security guard, perform or participate in a school function, or participate in any other activity authorized by a school.

(3) A person who:

(A) may legally possess a firearm; and
(B) possesses the firearm in a motor vehicle that is being operated by the person to transport another person to or from a school or a school function.
As added by P.L.140-1994, SEC.11.
Some (including perhaps a school's insurer) might not read it as perfectly clear that Indiana law already authorizes allowing teachers to carry guns in school as a matter of course.

Posted by Marcia Oddi on December 21, 2012 09:21 AM
Posted to Indiana Law