I hope I'm not violating the law! - Page 4
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Thread: I hope I'm not violating the law!

  1. #31
    Quote Originally Posted by tattedupboy:29130
    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?
    better to be safe than sorry. Carry it whenever you have your weapon. It will save you a lot of time and hassle.

  2.   
  3. Firstly, you are supposed to know the laws under which you are carrying. If there is a question in your mind, that means you don't know and it behooves you to actually go and read the pertinent code. That would include the definition of common area vs public vs private property. Secondly, whether or not you can believe that you would be cited, arrested, etc., is immaterial. Either you are breaking the law or you are not. Why would you want to depend on someones goodwill to keep you out of trouble? A cop may indeed give you a pass, but why depend on luck when it is so easy to do it right?

  4. I don't mean to sound rude but the licence doesn't weigh anything, its simple enough to carry in your pocket or w.e. granted my state (ny) requires us to have it on whenever we Carry, but even if it didn't, I would. Saves a hassle and unneeded headache. Yes Ik some ppl will have the whole "my rights and liberty" argument, but why turn a small easy question into a complex argument when its not needed. Remember us 2nd Amendment peeps are held to a higher standard, whether you like it or not.
    Just my $0.02

  5. #34
    Concerning the post about locking the weapon in your car while on business property. I am a federal employee and my weapon goes where I go. I do have a LTC but when at work of course I keep mine locked in my car on federal property, never had a problem. We did one employee who forgot to leave theirs in the car. When he entered the building the metal detectors lit up, all he was asked to do was take to the car once they verified he had a LTC.

    Just FYI

  6. #35
    Join Date
    Mar 2013
    Location
    NW Indiana
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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?
    By IC 35-47-2-1 the answer is no as far as legally. However, the State of Indiana does ban weapons at the Department of Correction employee parking lot, even though it isn't inside the institution.

    (d) This section may be not construed:
    (1) to prohibit a person who owns, leases, rents, or otherwise legally controls private property from regulating or prohibiting the possession of firearms on the private property;
    (2) to allow a person to adopt or enforce an ordinance, resolution, policy, or rule that:
    (A) prohibits; or
    (B) has the effect of prohibiting;
    an employee of the person from possessing a firearm or ammunition that is locked in the trunk of the employee's vehicle, kept in the glove compartment of the employee's locked vehicle, or stored out of plain sight in the employee's locked vehicle, unless the person's adoption or enforcement of the ordinance, resolution, policy, or rule is allowed under IC 34-28-7-2(b); or
    (3) to allow a person to adopt or enforce a law, statute, ordinance, resolution, policy, or rule that allows a person to possess or transport a firearm or ammunition if the person is prohibited from possessing or transporting the firearm or ammunition by state or federal law.
    As added by P.L.311-1983, SEC.32. Amended by P.L.326-1987, SEC.1; P.L.195-2003, SEC.6; P.L.98-2004, SEC.155; P.L.118-2007, SEC.35; P.L.164-2011, SEC.1; P.L.6-2012, SEC.231.

  7. just open carry.

  8. #37
    Join Date
    Jan 2012
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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?
    Please do not confuse having a weapon in your vehicle with a permit to carry being lawful and your employer having a no guns on the premises as a condition of your continued employment.

    If it isn't against the law to have your weapon in your vehicle but your employer has a "no guns on the premises" policy you might not be arrested if you get caught because you aren't breaking the law but you likely would have your employment terminated (be fired).

    And yes the employer has the private property right to have such a policy... and yes you could be fired for violating it because, by working there, you have agreed to abide by any and all rules/policies your employer has as a condition for continued employment.

  9. #38
    Join Date
    Sep 2007
    Location
    Indiana
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    4,650
    Hard to believe this thread is still alive five years to the day after I created it!

    Sent from my A200 using Tapatalk HD
    Any society that would give up a little liberty to gain a little security will deserve neither and lose both.

    Benjamin Franklin

  10. #39
    Join Date
    Oct 2009
    Location
    South Carolina USA
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    1,450
    I'm not an attorney either. But, an apartment complex is "private" property. So, it would seem to me a look at your contract may be in order. (If the property owners don't have a problem with it, I don't think LE would.)

    Again, I'm not an attorney, But, depending of the law in your area, an LEO may not have any more right to hassle you in the laundry room & mailbox in the apartment complex than he would at a single family dwelling. I would think if your mailbox & laundry room are part of the building you live in you shouldn't have any problems. JMHO

    Again, the first thing I would check is the rental agreement. I've been involved in rental units off & on since the 70's. (As a manager & investor) Every rental agreement I've read in an apartment complex as a clause that will stipulate such permissions


    -
    “Only a rookie who knows nothing about science would say science takes away from faith. If you really study science, it will bring you closer to God.” —JAMES TOUR, NANOSCIENTIST

  11. #40
    Join Date
    Jul 2010
    Location
    Central Florida
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    2,004
    Quote Originally Posted by tattedupboy View Post
    I'm familiar with what the law says; however, I'm wondering if the law would define the entire complex and/or building as my dwelling, or only my apartment. I could be wrong, but if I'm caught down in the laundry room or at the mailbox without my permit, I would hope that I would not get charged. At the same time, if they're going to be that strict about the law's interpretation, I suppose it wouldn't kill me to bring it with me. Arrrrgh!
    Except as provided in subsection (b) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body, except in the person's dwelling, on the person's property or fixed place of business, without a license issued under this chapter being in the person's possessionn
    The highlighted section of the statute is the key to your question. The permit being in your possession is the key. Not in your wallet on your dresser in your apartment.

    We have the same conditions here in Florida. Although it would seem the police do have some latitude in the matter. (no pocket for my wallet in my night pants)but that's another story.
    To not stand against injustice is to stand for it.
    Don't confuse my personality and my attitude.
    My personality is who I am, my attitude depends on who you are.

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