I hope I'm not violating the law! - Page 2
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Thread: I hope I'm not violating the law!

  1. #11
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    The letter of the law notwithstanding, it really seems inconceivable to me that any LEO would seriously even consider arresting someone for carrying while going to their mailbox (which is still in the building) or to the laundry room (also in the building) while leaving their wallets in their apartments a short distance away unless they are just having a really bad day; even then, what's the likelihood that if you're caught, you'll be arrested, unless the officer is just being a royal ********* or you're causing trouble. I have carried without my wallet to the mailbox and laundry room several times since I first posted this thread and not given it a second thought, and I'm pretty sure most of you wouldn't either. I suppose if I remember to, I'll bring my wallet, but honestly, unless I'm causing trouble, I simply do not see myself getting arrested over it, and most of you probably shouldn't either, I would like to think.

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  3. #12
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    geeze guy, it's your choice, but if you're gonna carry the handgun, that little permit/license shouldn't over-burden you.
    Only when our arms are sufficient, without doubt, can we be certain, without doubt, that they will never be employed....... John F. Kennedy
    Life Member NRA Life Member Marine Corps League

  4. #13
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    Quote Originally Posted by Jay View Post
    geeze guy, it's your choice, but if you're gonna carry the handgun, that little permit/license shouldn't over-burden you.
    You're right, but let me ask you. If you were an LEO who was on duty and in my apartment complex and saw my gun printing through my shirt while I was headed down to the mailbox or to the laundry room, would you arrest me if the permit was up in my apartment instead of on my person, and I wasn't otherwise being disruptive or disorderly?

  5. #14
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    Indiana code says " in the person's posession"

    Like speed limits, most LEO's will give you 5mph over, but do they have to? NO. I wouldn't arrest you, but I wouldn't allow gay marriages either, so what I want don't hold much water. Your original question was "am I in violation".... technically, I'd say yes. For me, where my handgun goes, so goes my permit.
    Only when our arms are sufficient, without doubt, can we be certain, without doubt, that they will never be employed....... John F. Kennedy
    Life Member NRA Life Member Marine Corps League

  6. #15
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    Depends on the State

    In NV, it's a $25 civil penalty.

    The IC does state it must be in your possession. The question of whether or not the common areas of your apartment complex or condo/homeowner's association is a matter best addressed by an attorney who is a member of the IN State Bar as case law would come into play here.

    Best practice is for you to carry your CCW any time you are carrying concealed outside of real estate you own, lease, or rent. For apartments or condos it's inside the unit; from the studs in. For a house, it's the structure plus the parcel of land that the building is on that the owner pays property taxes on.

    In my instance, the USPS delivers mail to community boxes that are located throughout the neighborhood. My particular box is located three houses away on the sidewalk. If I were to carry concealed to get my mail without my NV CFP, I would risk getting cited for carrying a concealed firearm without my NV CFP being in my possession. It is also at the investigating LEOs discretion on whether or not to confiscate the firearm you are carrying and let a judge or the DA's office sort it out. If the NV Criminal Repository is down, it becomes my word against the responding LEOs. Also keep in mind that my State is over $1B in the red, I know that NV LEOs have been (unofficially) put into revenue generation mode.

    Most States has a some sort if computer database for verification of CCWs issued by them or a political subdivision within the State.
    Know the law; don't ask, don't tell.
    NRA & UT Certified Instructor; CT, FL, NH, NV, OR, PA & UT CCW Holder
    Happy new 1984; 25 years behind schedule. Send lawyers, guns and money...the SHTF...

  7. #16
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    Quote Originally Posted by netentity View Post
    In NV, it's a $25 civil penalty.

    The IC does state it must be in your possession. The question of whether or not the common areas of your apartment complex or condo/homeowner's association is a matter best addressed by an attorney who is a member of the IN State Bar as case law would come into play here.

    Best practice is for you to carry your CCW any time you are carrying concealed outside of real estate you own, lease, or rent. For apartments or condos it's inside the unit; from the studs in. For a house, it's the structure plus the parcel of land that the building is on that the owner pays property taxes on.

    In my instance, the USPS delivers mail to community boxes that are located throughout the neighborhood. My particular box is located three houses away on the sidewalk. If I were to carry concealed to get my mail without my NV CFP, I would risk getting cited for carrying a concealed firearm without my NV CFP being in my possession. It is also at the investigating LEOs discretion on whether or not to confiscate the firearm you are carrying and let a judge or the DA's office sort it out. If the NV Criminal Repository is down, it becomes my word against the responding LEOs. Also keep in mind that my State is over $1B in the red, I know that NV LEOs have been (unofficially) put into revenue generation mode.

    Most States has a some sort if computer database for verification of CCWs issued by them or a political subdivision within the State.
    I suppose I should have made the subject of this thread whether or not, the letter of the law notwithstanding, a LEO would arrest me for doing this. It would seem to me that as long as I'm not causing any trouble, most LEOs would be willing to look the other way if I'm going to the laundry room (which is in the same building) or to my mailbox (also in the same building). Obviously, that would vary from LEO to LEO, but I have trouble believing that any LEO would do this unless he was in a really bad mood. That's all I'm saying.

  8. #17
    Reading these posts brings up another question. Has anyone run into their place of work banning any weapon on the premises even if it is locked in your vehicle and you have a permit to carry? Can they legally do that?

  9. #18
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    Yes...

    Quote Originally Posted by twincam View Post
    Reading these posts brings up another question. Has anyone run into their place of work banning any weapon on the premises even if it is locked in your vehicle and you have a permit to carry? Can they legally do that?
    All Cisco Systems campuses in TX have 30.06 signage posted at all entrances to the parking area and all entrances to the buildings. I was at the Richardson TX campus for employer training January 2007.

    A Cisco employee verified with TX DPS that 30.06 signage does have force of law for parking lots and notified me via e-mail when I made my original inquiry on Cisco and 30.06 signage. I parked my rental vehicle across the street in a church parking lot and left my firearms in the vehicle.

    Also keep in mind that typically such parking areas are private property. While Florida has a statute prohibiting an employer from such practices it has been challenged by the Rodent (Disney) in Orlando. A similiar law was passed in OK, it was overturned by a federal judge citing a federal OSHA regulation. This ruling should have prohibited or will overturn the FL statute as it was made by a federal judge.

    Also keep in mind that as long as you are getting a paycheck and benes from any employer, you agree to their terms and conditions for employment. If you do not have a contractual agreement with your employer with a due process clause and you work in what I refer to as a "fire at will" State, you can be terminated on the spot for refusing to allow your employer to search your vehicle or just for simple suspicion of having one in your vehicle.

    If you have a due process clause in your employment contract, an employer cannot fire you for refusing to allow them to search your vehicle.

    Another factor is if your vehicle is an extended domicile such as the case for the States of LA and NM. Your vehicle is an extension of your home by an article of the State constitution, code, law or statute. An employer requiring you to submit to a search would bring about an interesting wrongful termination lawsuit in an extended domicile State.

    Keep in mind that these apply to State or privately owned property, not federal property. I would avoid parking my vehicle with a firearm stored in it on federally owned property especially if the entrances to the federal property have controlled access.
    Know the law; don't ask, don't tell.
    NRA & UT Certified Instructor; CT, FL, NH, NV, OR, PA & UT CCW Holder
    Happy new 1984; 25 years behind schedule. Send lawyers, guns and money...the SHTF...

  10. #19
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    Quote Originally Posted by twincam View Post
    Reading these posts brings up another question. Has anyone run into their place of work banning any weapon on the premises even if it is locked in your vehicle and you have a permit to carry? Can they legally do that?
    I see that this is your first on this forum. Welcome to USA Carry!

    As for Indiana having law on keeping a gun in your car while at work, I'm not aware of any such law.

  11. #20
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    Quote Originally Posted by twincam View Post
    Reading these posts brings up another question. Has anyone run into their place of work banning any weapon on the premises even if it is locked in your vehicle and you have a permit to carry? Can they legally do that?
    I can't speak for Indiana but "Can they legally do that"? seems to be the entire test in the case of the new Florida law. That is exactly the law the legislature passed, that a business MAY NOT stop an employee with a permit from keeping his firearm locked in his car on company property.

    Now that has resulted in a court ruling upholding the law for now so at the moment a business may not keep an employee with a permit from having a gun locked in his car. HOWEVER, the court says since the law specifies an employee, that it therein means that they MAY keep non-employees (spelled US) from having guns in their cars. Of course that was never the intent and hopefully will be corrected quickly.

    The battle is between property rights of the business and the individual rights of the permit holder. It appears so far that even though the legislature has spoken to give the upper position to the individual the courts are trying to doubletalk their way back to the business.

    How will it all turn out??


    If Indiana does not have a specific law addressing the issue, then property rights may well be paramount and the answer may be YES.

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