Legal ramifications for carrying in a gun-free zone?

[rbMPSH12]

Does anyone know what legal ramifications there are for carrying in a place that posts a no firearms sign? Can they sue you? Or just ask you to leave? Can you get arrested?

I know about campus carry being legal but prohibited by universities. But I haven't seen anything in the IC, unless I'm missing it, that discusses carrying in a store or something that posts such a sign. Thanks.

 

[THard6]

They can tell you to leave and if you refuse, then it becomes a trespassing issue.
And yes, you can be arrested for trespassing.

 

[Mgderf]

No Post offices.
No jails.
No courthouses.

 

[Scutter01]

If you carry in a place that's actually illegal to carry (as opposed to a place where they just put up "No Guns" signs), the ramifications depend on the place. For example, carrying on school property is a Class D felony:

IC 35-47-9-2
Possession of firearms on school property, at school function, or on school bus; felony
Sec. 2. A person who possesses a firearm:
(1) in or on school property;
(2) in or on property that is being used by a school for a school function; or
(3) on a school bus;
commits a Class D felony.
As added by P.L.140-1994, SEC.11.

Whereas aboard a commercial flight, it's a Class C felony:

IC 35-47-6-1
Firearm, explosive, or deadly weapon; possession in commercial or chartered aircraft
Sec. 1. A person who boards a commercial or charter aircraft having in his possession:
(1) a firearm;
(2) an explosive; or
(3) any other deadly weapon;
commits a Class C felony.
As added by P.L.311-1983, SEC.32.

 

[Bigshep]

No-gun signs in Indiana have no force of law. That means you can not be arrested or charged for carrying on that property. The most they can do is ask you to leave. If you do, you're fine. If you refuse to leave then you are trespassing and can be charged then. Scutter posted the IC about school property, but as far as I know that only means K-12 in Indiana. Violating a sign that is posted at a place that it is illegal to carry anyways will net you legal issues and a felony.

 

[vitamink]

Anyone can sue you for anything. If you felt so inclined you could sue me for having bad breath on the internet. Please don't.

 

[Bigtanker]

My point of view: If a place has a "No Guns" sign posted, I see it as they don't want my money. So I try to avoid these places whenever possible. But if I need to go to one of those establishments, say a birthday party for a family member at BW3'S, if I can't talk the family to go elsewhere, I just keep it.covered up and my mouth shut.

 

[BlueEagle]

Also please note, that the responding officers MAY NOT REALIZE that you have committed no crime. It is always a possibility that you will be wrongly arrested for "violating a gun free zone" if the responding officer is a douche-nozzle and doesn't know the law.

It'd be an easy win in court, though.

 

[bassplayrguy]

I read somewhere you can legally carry on school grounds if you are dropping off or picking someone up and you remain in your vehicle. Is this true?

 

[Scutter01]

I read somewhere you can legally carry on school grounds if you are dropping off or picking someone up and you remain in your vehicle. Is this true?

IC 35-47-9-1
Exemptions from chapter
Sec. 1. This chapter does not apply to the following:
(1) A:
(A) federal;
(B) state; or
(C) local;
law enforcement officer.
(2) A person who has been employed or authorized by:
(A) a school; or
(B) another person who owns or operates property being used by a school for a school function;
to act as a security guard, perform or participate in a school function, or participate in any other activity authorized by a school.
(3) A person who:
(A) may legally possess a firearm; and
(B) possesses the firearm in a motor vehicle that is being operated by the person to transport another person to or from a school or a school function.
As added by P.L.140-1994, SEC.11.

Link to the entire IC, which you really should read thoroughly if you plan on carrying a firearm:

Indiana Code TITLE 35, Article 47 Table of Contents

 

[rbMPSH12]

Ok thanks. I knew about schools, courthouses and all the truly illegal carry places. Just wasn't sure about no gun signs in stores etc...

 

[BlueEagle]

Yeah, the signs in store windows are just "feel good" BS. Don't hold any force of law, and you're perfectly legal entering and going about your business, as long as you feel morally alright with supporting a business that obviously doesn't support you.

I try to find alternatives that don't have signs, if at all possible. But sometimes, it's not.

 

[88E30M50]

The area I think it might get sticky is line (2) below:

IC 35-47-9-2
Possession of firearms on school property, at school function, or on school bus; felony
Sec. 2. A person who possesses a firearm:
(1) in or on school property;
(2) in or on property that is being used by a school for a school function; or
(3) on a school bus;
commits a Class D felony.
As added by P.L.140-1994, SEC.11.

If you are at the Circle Center Mall, you should be fine as long as you conceal. If spotted, they can ask you to leave. But, if there's a school choir performing in the Arts Garden, it becomes a property being used for a school function. I don't know if that places you in legal jeopardy if you are in the mall at the same time, while carrying.

 

[jballs]

Lots of good info in this thread.

 

[Captain Morgan]

I read somewhere you can legally carry on school grounds if you are dropping off or picking someone up and you remain in your vehicle. Is this true?

Link to the entire IC, which you really should read thoroughly if you plan on carrying a firearm:

Indiana Code TITLE 35, Article 47 Table of Contents

Keep in mind that it's not just "remaining in the vehicle." You must be the person operating the vehicle, not a passenger. I would advise leaving the vehicle running the entire time, and probably even leave it in gear. You're flirting with a felony, so it's best to be on the safe side. It's stupid that it has to be this way and I really hope they change the law.

 

[LP1]

...It'd be an easy win in court, though.

Easy perhaps, but involving time, legal fees, etc. Who needs that?

 

[Signal23]

Shouldn't we put the burden on all these places????? Say a postoffice, bank, bw3s.........ALL must CLEARLY POST a SIGN if it is their choice OR the LAW.......and if we don't see a sign clearly posted we can enter????

There are more of us than there is of them, put the burden, by law, on them. .02

 

[Car Ramrod]

It depends on how you are using the term "gun free zone".

There are "gun free zones" that are merely by choice/policy, and as has already been stated, there is no likely legal ramifications from you carrying there. If you are asked to leave, leave. If you refuse to leave it becomes a trespassing issue. Examples are banks, restaurants, dry cleaners, college campuses, your dad's wife's father's son-in-law's son's house, etc.

There are also "gun free zones" that are such according to law. This generally encompasses anything that ends in .gov or .edu. Carrying at these places can, and will most likely, end in a legal matter. Examples are school property, the State Fair (not the grounds, only the event), government buildings, secure areas of airports, etc.

I did not mention Post Offices for either instance because it has been debated as to which category they fall under.

You also have the defined "Gun Free Zones" that are part of the federal Gun Free School Zone Act. These typically only affect those who are not licensed by their state to carry a firearm. These prohibit anyone who is not licensed by their state to carry a firearm, even if your state does not require such a license (long guns in Indiana, for example), from knowingly carrying or possessing a firearm within 1000' of a school zone. There are legal ramifications for defined GFZs. If you possess a valid Indiana LTCH this radius does not really apply to you, but you still must abide by the carrying and possessing guidelines in the example above when it comes to the property line.

 

[Skipper]

This thread has been very informative but I have a "newbie" question. Is the phrase "long gun" just another way of referring to rifles and shotguns? What makes a gun " long"?

 

[Car Ramrod]

This thread has been very informative but I have a "newbie" question. Is the phrase "long gun" just another way of referring to rifles and shotguns? What makes a gun " long"?

A long gun is a rifle or shotgun.