Indiana B.M.V. Yes or No?

[CathyInBlue]

There's nothing in the Indiana Constitution allowing the state to ban weapons on the state government campus, either, yet they do. All it would take is an irresponsible administrator making an IAC reg and poof, carry in the BMV, go to jail.

The state preemption law limits "political subdivisions" of the state, not the state itself, and certainly not the federal government, though I wish it did.

I've seen two bits of federal law cited re: post office carry. The United States Code says it's cool. The Code of Federal Regulations says it's verbotten. Just like the IAC has to be maintained in strict abeyance of the IC, the CFR has to be kept in strict abeyance of the USC. Concealed-carry in a post office may lead to rude awakening There's a case wending its way through the Colorado courts now, Bonidy v USPS MSLF -- Legal Cases, which seeks to clear up that discrepancy.

 

[ModernGunner]

There ya go. It's not illegal, then.

And the citation for Bonidy vs. USPS is now 2 yrs. old. What's the update?

 

[CathyInBlue]

Wish I knew.

 

[Jerchap2]

There is no sign disallowing it, so it should be OK.

 

[LANShark42]

I was required to visit the BMV to renew my driving license today. There were no signs or gun buster logos. Is CCW legal or not when visiting the BMV?

Gun buster logo. I like that! Rep to you, sir!

 

[jkwparrott]

I would really like to know if this is legal or not because I carried today and when I got home my friends said it is a government bldg so it wasn't. But I didn't see any signs or anything like that.

My sister works in a "government building" since she is with the Harrison County Health Department. I OC there all the time and nobody has ever said a word. It's not illegal and it's not posted as a gun free zone.

 

[Timjoebillybob]

I have been wrong once before but I thought it was only verboden in buildings with court rooms if the local regulatory body had passed ordinances that make it so. Admittedly there are probably very few that haven't.

A judge can also issue an order forbidding it also, violating that order I believe can result in contempt of court. I believe that can apply to the entire courthouse and not just the court room/judges chambers/etc. but I don't know for sure. I also don't know if it applies when court is not in session or not or depends. If one of the attorneys who so graciously favor us with their presence on this site would care to answer with their opinion I would be much obliged.

At the very least, as of a year ago, the Parke Co. court house had no such regulation. I OCed there when I went to handle some snafu with my mother's burial plot.

White Co has no ordinance against it also. They have metal detectors set up only when court is in session and no gun buster signs posted so....

I've seen two bits of federal law cited re: post office carry. The United States Code says it's cool. The Code of Federal Regulations says it's verbotten. Just like the IAC has to be maintained in strict abeyance of the IC, the CFR has to be kept in strict abeyance of the USC. Concealed-carry in a post office may lead to rude awakening There's a case wending its way through the Colorado courts now, Bonidy v USPS MSLF -- Legal Cases, which seeks to clear up that discrepancy.

I can't find it the case, but I remember reading one, the guy was originally charged under USC but made a motion to dismiss that it wasn't federal property so it didn't apply, the court agreed but allowed the prosecution to amend the charge to the one under CFR, iirc he was found guilty.

There ya go. It's not illegal, then.

And the citation for Bonidy vs. USPS is now 2 yrs. old. What's the update?

Only thing I can find is that the case was dismissed Sept 2012. I have no idea if they have appealed or not.
FindACase™ | Debbie Bonidy, Tab Bonidy, and v. United States Postal Service

My sister works in a "government building" since she is with the Harrison County Health Department. I OC there all the time and nobody has ever said a word. It's not illegal and it's not posted as a gun free zone.

I've OCed in a few govt buildings(courthouse, water dept, city clerk, city council meeting..). Including with LEOs present, never had a word said to me either.

 

[chuncky]

Well I called the fwpd desk Sargent and talked to 2 people there and neither one of them knew if it was legal and said to call ISP. Called them and 2 people didn't know either, said to call licensing and she didn't know either said to call the bmv. That guy didn't know and neither did his supervisor. This was before I checked back here and seen all the replies.

 

[AndersonIN]

I've carried there on multiple occasions and even discussed weapon selection with two people behind the counter!

HAVE AT IT!!!

 

[grogie]

The post office thing has been debated but nobody really seems to know... I know I don't want to be the test case.

Like any gun free zone, carrying is only for lawbreakers, like employees going postal you might say.

 

[Bill of Rights]

In Indiana, gov't buildings below the "state" level may forbid the carry of a firearm if there is a courtroom in the building. Those that do not may not. Prohibitions at the state level include K-12 schools, school buses, shipping ports, riverboat casinos, and the state fairgrounds during State Fair. (I suppose guns there are only dangerous at that time. ) The state Capitol building and government center are off-limits (aka "verboten") by order of the state Department of Administration; Gov. Pence could reverse that problem with an executive order.
Federal buildings are off limits as well, but not because of State law. The post office is an ongoing argument in which no one wants to be the test case. I can only presume that the reason has something to do with spending several years in federal PMITA prison.

Again, the buildings with courtrooms *MAY* prohibit firearms. They are not required to do so. Other city/county/township/etc. buildings may only prohibit if they have metal detectors and sworn LEOs trained on the metal detector running it. There are a few courthouses that not only do not prohibit, but even specifically eschew such prohibitions for those who hold a LTCH.

Blessings,
Bill

 

[92ThoStro]

Maybe a lawyer should be the test case for USPS carry.

 

[MikeDVB]

Maybe a lawyer should be the test case for USPS carry.

No matter who you are - Federal Prison is no fun.

 

[Bill B]

In Indiana, gov't buildings below the "state" level may forbid the carry of a firearm if there is a courtroom in the building. Those that do not may not. Prohibitions at the state level include K-12 schools, school buses, shipping ports, riverboat casinos, and the state fairgrounds during State Fair. (I suppose guns there are only dangerous at that time. ) The state Capitol building and government center are off-limits (aka "verboten") by order of the state Department of Administration; Gov. Pence could reverse that problem with an executive order.
Federal buildings are off limits as well, but not because of State law. The post office is an ongoing argument in which no one wants to be the test case. I can only presume that the reason has something to do with spending several years in federal PMITA prison.

Again, the buildings with courtrooms *MAY* prohibit firearms. They are not required to do so. Other city/county/township/etc. buildings may only prohibit if they have metal detectors and sworn LEOs trained on the metal detector running it. There are a few courthouses that not only do not prohibit, but even specifically eschew such prohibitions for those who hold a LTCH.

Blessings,
Bill

Jails, you forgot jails.

 

[AndersonIN]

isnt it a goverment building?

You didn't read the prior posts.....................DID YOU?

 

[THE BIG SITT]

How to bump an old thread, but I assmue it is still safe to carry in a BMV?

 

[CPT Nervous]

How to bump an old thread, but I assmue it is still safe to carry in a BMV?

You are correct.

I just had someone tell me the other day that he left his gun at home because he had to get his plates renewed. I asked him why. He thought the BMV was a federal building. Not sure how he thought the INDIANA BUREAU OF MOTOR VEHICLES was federal, but I straightened him out.

 

[Dead Duck]

Didn't our preempt law take care of this so it's like the library? They CAN'T ask you to leave.......well....unless you're a douchebag.

 

[Bill B]

Didn't our preempt law take care of this so it's like the library? They CAN'T ask you to leave.......well....unless you're a douchebag.

No, because the BMV is not a political subdivision of the state, it is a state agency. The library, otoh, is a political subdivision so pre-emption rules.

 

[Dirtebiker]

I would really like to know if this is legal or not because I carried today and when I got home my friends said it is a government bldg so it wasn't. But I didn't see any signs or anything like that.

Your "friend" is wrong!