Did they have the right

[Walter Zoomie]

I don't believe one's Constitutional rights cease to exist just because one has stepped foot onto private/company property.

However, one must be ready to face the consequences of going against a private property owner's/company's policies...i.e. being ordered to vacate the premises, or getting fired.

A sticky subject for sure, but a war worth fighting, I think.

 

[Bill of Rights]

I don't believe one's Constitutional rights cease to exist just because one has stepped foot onto private/company property.

However, one must be ready to face the consequences of going against a private property owner's/company's policies...i.e. being ordered to vacate the premises, or getting fired.

A sticky subject for sure, but a war worth fighting, I think.

Correct, of course. Your rights do not end because of where you stand, and while on private/company property, the government, specifically the fedgov, still cannot abridge your freedom of religion, speech, press, peaceable assembly, or right of petition for redress, etc. They CAN and WILL, on request, prevent you from exercising those rights in conflict with the wishes of the property owner, and you have the right to choose not to return to that property or patronize that business.

I did not see the distinction myself until someone pointed it out that way: No one forces you to go to that particular property, and while I don't like the result of it, I cannot argue the point without being guilty of hypocrisy.

Blessings,
Bill

 

[bigus_D]

...
One other question though... did you have a LTCH at the time of the incident?

If I'm not mistaken, the LTCH is not required in this instance. The OP drove from home to his fixed place of business... no LTCH required, right?

Note: This is NOT intended to mean that he shouldn't have an LTCH, every gun owner should IMHO... just that it shouldn't really make a difference in THIS case.

 

[The Meach]

If I'm not mistaken, the LTCH is not required in this instance. The OP drove from home to his fixed place of business... no LTCH required, right?

Note: This is NOT intended to mean that he shouldn't have an LTCH, every gun owner should IMHO... just that it shouldn't really make a difference in THIS case.

No you have to be the owner of said place of business for that to apply. The OP would require a LTCH.

 

[Bill of Rights]

No you have to be the owner of said place of business for that to apply. The OP would require a LTCH.

Cite, please? I don't recall that being part of the statute, though it could be in case law somewhere. Consider that if I work in a gun shop and my employer allows/expects me to carry, that would still be my fixed place of business, without being my property.

Blessings,
Bill

 

[SavageEagle]

Brian Ciyou (Indianapolis 2nd Amendment attorney) :

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Indianapolis, IN 46204

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Tagged to wait for more info..

 

[Archbishop]

Why do I feel like I've heard this story before? I'm having a huge deja-vu moment here. Was there another member here that posted something similar?

I think you're right. Someone drove onto a gas plant or a power plant, something like that and had his/her gun confiscated and jumped through hoops to get it back. And according to some, should consider himself lucky that he got it back at all. I don't remember reading the outcome though.

 

[Joe Williams]

No. The police officers did not have a right to conduct an illegal search and seizure. Hire an attorney and sue the department, the county, the officers involved, the company, the company officers involved, and any supervisors or fellow employees involved. They have all broken the law by conducting an illegal search and seizure. The company cannot grant permission to search your car on your behalf, even if it is parked on their property.

They were within their rights to fire you. But not to conduct other illegal activities, and to facilitate them.

Who is your anti-Constitution ex-employer?

 

[Joe Williams]

If you signed paperwork during your initial orientation giving them the right to search your belongings or property, then they don't need a warrant. Also, Indiana is an at-will employment state, so they can fire you for any reason or for no reason.

If you did NOT sign anything, then I believe their search was illegal. Did they have to break into your car to search it, or did you unlock it for them?

Yes, they do need a warrant. Such permission is a civil matter, not a criminal matter. The police broke the law.

 

[kludge]

... just a clarification... the law says you can carry from the place of purchase to fixed place of business.

Home is not the place of purchase. LTCH is required.

Also the law does not state that you have to own the business.

 

[bigus_D]

... just a clarification... the law says you can carry from the place of purchase to fixed place of business.

Home is not the place of purchase. LTCH is required.

Also the law does not state that you have to own the business.

I bolded the important part of the code below. Not sure how that is interpreted exactly, but I DO know that if I move from my house to my fixed place of business every day, then I know I'm covered because I have an LTCH!

Excepted persons
Sec. 2. Section 1 of this chapter does not apply to:
(1) marshals;
(2) sheriffs;
(3) the commissioner of the department of correction or persons authorized by him in writing to carry firearms;
(4) judicial officers;
(5) law enforcement officers;
(6) members of the armed forces of the United States or of the national guard or organized reserves while they are on duty;
(7) regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States or from this state who are at or are going to or from their place of assembly or target practice;
(8) employees of the United States duly authorized to carry handguns;
(9) employees of express companies when engaged in company business;
(10) any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent or representative of any such person having in his possession, using, or carrying a handgun in the usual or ordinary course of that business; or
(11) any person while carrying a handgun unloaded and in a secure wrapper from the place of purchase to his dwelling or fixed place of business, or to a place of repair or back to his dwelling or fixed place of business, or in moving from one dwelling or business to another.