I hope I'm not violating the law!
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Thread: I hope I'm not violating the law!

  1. #1
    Join Date
    Sep 2007
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    Indiana
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    I hope I'm not violating the law!

    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?

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  3. #2
    Join Date
    Feb 2008
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    Inland Empire
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    Thumbs up In WA...YES.

    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

  4. #3
    In SOME states, if you are caught withOUT your Permit/License to carry

    you just have to present the License/permit to the court BEFORE the court date

    different state = different rules and allotted time

  5. #4
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    Contact the agency that issues the license. This would be the simplest solution unless you feel like paying an attorney for a "legal opinion".



    gf
    "A few well placed shots with a .22LR is a lot better than a bunch of solid misses with a .44 mag!" Glock Armorer, NRA Chief RSO, Pistol, Rifle, Shotgun, Muzzleloading Rifle, Muzzleloading Shotgun, and Home Firearm Safety Training Counselor

  6. #5
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    Here ya go.........

    IC 35-47-2-1
    Carrying a handgun without a license or by person convicted of domestic battery
    Sec. 1. (a) 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 possession.
    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

  7. #6
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    Quote Originally Posted by Jay View Post
    Here ya go.........

    IC 35-47-2-1
    Carrying a handgun without a license or by person convicted of domestic battery
    Sec. 1. (a) 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 possession.

    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!

  8. #7
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    The letter of the law says you need to have it on your person when outside your apartment. Common areas are usually not defined as your apartment.

  9. #8
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    Quote Originally Posted by Stiofan View Post
    The letter of the law says you need to have it on your person when outside your apartment. Common areas are usually not defined as your apartment.
    The gray area is the part of "on the person's property". Who's to say what part of the "common area" is this particular person's property. I've said this many times and I'll say it again; I am not a lawyer, this is not legal advice. Pay a few dollars and speak to an attorney who is familiar with firearm laws. You can also refer to the state attorney general's office or to the agency that issued you the permit.



    gf
    "A few well placed shots with a .22LR is a lot better than a bunch of solid misses with a .44 mag!" Glock Armorer, NRA Chief RSO, Pistol, Rifle, Shotgun, Muzzleloading Rifle, Muzzleloading Shotgun, and Home Firearm Safety Training Counselor

  10. #9
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    Thanks for the input. On the one hand, I would think that if I step foot out of my apartment just to check the mail or go down to the laundry room, only an ********* LEO would arrest me for this, even if I'm not following the letter exactly to the law; think about it, what good can come out of hassling someone who just briefly steps out of their apartment just to check the mail or to do the laundry? On the other hand, I suppose it wouldn't impose an undue burden on me to simply grab my wallet and put it in my pocket whenever I go to do these things.

  11. #10
    Join Date
    May 2008
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    Quote Originally Posted by Glock Fan View Post
    The gray area is the part of "on the person's property". Who's to say what part of the "common area" is this particular person's property. I've said this many times and I'll say it again; I am not a lawyer, this is not legal advice. Pay a few dollars and speak to an attorney who is familiar with firearm laws. You can also refer to the state attorney general's office or to the agency that issued you the permit.



    gf
    It's actually not that gray. I'm not an attorney either, but I've worked with R/E contracts for 30 years now, in insurance cases, and as the OP says, it's simply easier to carry his wallet. If he feels the need to check with an attorney for a matter such as this, by all means go ahead.

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