I hope I'm not violating the law! - Page 3
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Thread: I hope I'm not violating the law!

  1. #21
    Quote Originally Posted by 2beararms View Post
    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.
    The Indiana Senate has a bill before right now that, if passed, will resolve this issue in our favor.

    Firearms in locked vehicles. Prohibits a person from adopting or enforcing a policy or rule that prohibits or has the effect of prohibiting an individual from legally possessing a firearm that is locked in the individual's vehicle while the vehicle is in or on the person's property. Excepts possession of a firearm: (1) on school property or a school bus; (2) on certain child care and shelter facility property; (3) on penal facility property; and (4) in violation of federal law. Provides that a person who, in compliance with the prohibition, does not adopt or enforce such a policy or rule is not liable for resulting injury or damage. Authorizes a civil action for damages, costs, attorney's fees, and injunctive relief to remedy a violation.

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  3. #22
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    Quote Originally Posted by twincam View Post
    The Indiana Senate has a bill before right now that, if passed, will resolve this issue in our favor.

    Firearms in locked vehicles. Prohibits a person from adopting or enforcing a policy or rule that prohibits or has the effect of prohibiting an individual from legally possessing a firearm that is locked in the individual's vehicle while the vehicle is in or on the person's property. Excepts possession of a firearm: (1) on school property or a school bus; (2) on certain child care and shelter facility property; (3) on penal facility property; and (4) in violation of federal law. Provides that a person who, in compliance with the prohibition, does not adopt or enforce such a policy or rule is not liable for resulting injury or damage. Authorizes a civil action for damages, costs, attorney's fees, and injunctive relief to remedy a violation.
    That's the way it should have been all along.

  4. It's pretty simple. When you get the license the paper it's attached to states that you are supposed to have it with you at all times when you are carrying. The law also says you do not need a LTC to carry on your property. So it comes down to what is considered your property. My assumption is that even though the renters maintain the common areas, they are for everyone in the complex that pays rent, and therefore technically an extension of every residents property. Idk though. Probably best to just take your wallet.

  5. #24
    You may just want to slip your id and permit in your shirt pocket and leave the wallett at home. I started carrying mine that way all the time so if I ever have to get to them I can reach them without getting close to my holstered gun. Here in NC the first thing I have to do is tell the cop I am carrying and I don't want to make them nervous for no reason.

  6. #25
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    You may know you live there but the LEO might not. WWYD?
    http://www.change.org/petitions/self...tate-residents
    NRA Life Member, SCOPE,SAF Join up!

  7. #26
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    I kinda skimmed the thread, and didn't see a rebuttal to the answer given with the law above. Yes, the law used to say that you must have it on your person.

    However, in the same chapter, there's this:

    IC 35-47-2-24
    Indictment or information; defendant's burden to prove exemption or license; arrest, effect of production of valid license, or establishment of exemption
    Sec. 24. (a) In an information or indictment brought for the enforcement of any provision of this chapter, it is not necessary to negate any exemption specified under this chapter, or to allege the absence of a license required under this chapter. The burden of proof is on the defendant to prove that he is exempt under section 2 of this chapter, or that he has a license as required under this chapter.
    (b) Whenever a person who has been arrested or charged with a violation of section 1 of this chapter presents a valid license to the prosecuting attorney or establishes that he is exempt under section 2 of this chapter, any prosecution for a violation of section 1 of this chapter shall be dismissed immediately, and all records of an arrest or proceedings following arrest shall be destroyed immediately.

    Key being that yes, you should carry it on you. However, if you're caught without it, you only have to produce it and any arrest or prosecution goes bye-bye permanently. Going around your apt. building without it, a LEO would have a really hard time that you were off "your property" (where you're not required to have one) as common areas are technically still "your property". Even taking out the garbage and being in the parking lot would be considered "your property" as you rent and have a vested interest in it.

    Don't over think it. You're licensed, you're good to go.

    IANAL, TINLA. It's just my $0.02 based on the law I've quoted.


    Edit: As of July 1, 2011, the law no longer reads that you must be in possession of your LTCH when you are carrying your firearm. The law states that you must be properly licensed to carry and says nothing of "on your person." The part of the IC I quoted above about the presentation of a valid LTCH and the destruction of any and all record of arrest thereafter still applies.

    It's still a good idea to carry your LTCH with you.
    Last edited by Hammerhead; 11-17-2011 at 01:27 AM. Reason: New laws

  8. Common area

    In oregon the statutes has a definition of public places and it includes hallways and common area of hotels and apartment buildings, I would check for a legal definition in your laws first. In oregon what you are doing would in fact be a criminal offence and you could lose your permit and go to jail, as the law states you must have the permit on your person when carrying concealed or it is proof you do not have one.

  9. Quote Originally Posted by tattedupboy View Post
    Something happened today that makes me wonder if I've been breaking the law all this time. In the apartment building in which I live, as I was going down to check my mail, as I always do when checking the mail or going down to the laundry room, I had my Glock 22 in an IWB holster under an untucked shirt. However, my wallet, which contains my carry permit, remained in my apartment. I've never given too much thought to it until today when a police officer was on the elevator with me. He apparently had just left someone else's apartment, so I had nothing to worry about, but it got me to thinking. Should I begin taking my wallet with me any time I go check the mail or do my laundry? Can I be charged with carrying without a permit for doing this? My instinct would tell me no, since I the building is my place of residence and am not leaving it while doing these things. However, I'm wondering if this is the correct line of thinking. I suppose that if I have to, it won't kill me to take my wallet with me, but why should I have to if I don't? Anyway, does my RKBA without having my permit on my person apply to the entire apartment complex, the entire building, or only my apartment?
    You are now a felon. Please invoke the help of a friend (a non-felon friend) to bag up all your weapons and take them to the nearest police station for proper redistribution to the LEO's.

  10. #29
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    Wouldn't it be easier to just keep your wallet in your pocket until you're home for the night?
    See, it's mumbo jumbo like that and skinny little lizards like you thinking they the last dragon that gives Kung Fu a bad name.
    http://www.gunrightsmedia.com/ Internet forum dedicated to second amendment

  11. #30
    Quote Originally Posted by Canis-Lupus:29136
    In WA state where your concealed pistol goes, so MUST your permit outside of your home, to stay legal if U have 2 use that weapon. One day some smart person may issue a tiny bar-code chip/strip that IS your CC permit and attaches to a part of the pistol where it doesn't get in the way of easy use and doesn't wear or fall off. Got 5 guns, no probs apply for 5 CCW strips. Dogs got it easy, their tag goes here they do, it would B handy if the same applied to your carry weapons.

    Canis-Lupus
    Wow. Please do the world a favor: Don't ever vote.

    To the OP, great discussion, and lots of good info. But for those who don't have the time or inclination to research and test legal boundaries, just carry your ID and CCW. Put it on like your glasses or your watch every morning. My pistol goes on in the morning with my wallet, knife, flashlight and spare mags. They are never apart. That way I am always able to demonstrate I am carrying legally and responsibly.

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