Off limits to ccw

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  • TigerGuy

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    Ok now I'll start a new thread on it:)

    I saw the quick list of off limits places in IN:

    k-12 schools, property used for school functions
    school buses
    Head Start
    preschools
    private schools
    riverboat casinos
    airport sterile areas
    shipping ports
    State fairgrounds during state fair (questionable)
    Post office (questionable)
    Where prohibited by local ordinance, on gov't property

    The state fair? Really? Pretty similar to AZ although it appears that Hoosiers may ccw in places that sell alcohol for consumption? That is one AZ's most frustrating restrictions in my opinion. And what does "sterile areas" apply to in the airport? Anywhere past the metal detectors I am assuming. Overall not a terrible amount of off limits places, probably on par with AZ, although you have us beat with the bars, restaurants, etc.
     

    Scutter01

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    We actually already have a bunch of threads on this, as well as listing it in the INGO FAQ. If you're looking for specific info, you might try doing a search here.
     

    TigerGuy

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    Not looking for specific info, just comparing. Indiana's is not bad, if you can carry in restaurants and bars, I'd say it's better than AZ's.
     

    Scutter01

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    post office isn't questionable. Federal property = no carry. end of story.

    The question is whether or not it's Federal property.

    Not looking for specific info, just comparing. Indiana's is not bad, if you can carry in restaurants and bars, I'd say it's better than AZ's.

    Indiana statutes don't mention anything about restaurants, bars, or alcohol and carrying. We can't carry at the State Fair Grounds during the State Fair, but can carry there at other times. As I understand, this was due to a contractual agreement with the company that runs the Fair. Not that I agree with it...

    The "sterile" areas of the airport are anything past the metal detectors. Recently, signs have been seen on the non-sterile area doors, though, and the airport authorities have dodged the question. In Indiana, the signs have no force of law behind them.

    Also, we have statewide pre-emption, but it's not absolute. It has an annoying grandfather clause, too.
     

    indyjoe

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    Remember Indianapolis parks. You are legal carrying as you walk down the sidewalk, except for the 6 feet that cross the Monon Trail. At that point you are illegal. If you work on your long jump, you might be able to jump over that 6 feet wide region if illegality. :rolleyes:
     

    Scutter01

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    Meaning localities can put in local ordinances at times?

    My comments in red.

    IC 35-47-11
    Chapter 11. Local Regulation of Firearms
    IC 35-47-11-1
    Applicability of chapter
    Sec. 1. (a) Section 2 of this chapter applies to all units (as defined in IC 36-1-2-23). All other sections of this chapter apply to all units other than townships.
    (b) This chapter applies only if a statute expressly grants a legislative body the authority to adopt an emergency ordinance under this chapter.
    (c) This chapter does not affect the validity of an ordinance adopted before, and in effect on, January 1, 1994.
    As added by P.L.140-1994, SEC.13.

    This is the grandfather clause. It covers some existing city ordinances. In Speedway, for example, concealed carry is illegal (you must open carry). The Speedway ordinance is not enforced, but it's still technically illegal to CC there.

    IC 35-47-11-2

    Regulation of firearms by units other than townships
    Sec. 2. Notwithstanding IC 36-1-3, a unit may not regulate in any manner the ownership, possession, sale, transfer, or transportation of firearms (as defined in IC 35-47-1-5) or ammunition except as follows:
    (1) This chapter does not apply to land, buildings, or other real property owned or administered by a unit, except highways (as defined in IC 8-23-1-23) or public highways (as defined in IC 8-2.1-17-14).

    This section says that municipalities can restrict guns on property they own and manage. IndyParks, for example, (owned by the city of Indianapolis) are off-limits by local ordinance.

    (2) Notwithstanding the limitation in this section, a unit may use the unit's planning and zoning powers under IC 36-7-4 to prohibit the sale of firearms within two hundred (200) feet of a school by a person having a business that did not sell firearms within two hundred (200) feet of a school before April 1, 1994.
    (3) Notwithstanding the limitation in this section, a legislative body of a unit other than a township may adopt an emergency ordinance or a unit other than a township may take other action allowed under section 6 of this chapter to regulate the sale of firearms anywhere within the unit for a period of not more than seventy-two (72) hours after the regulatory action takes effect.
    As added by P.L.140-1994, SEC.13.
     

    Scutter01

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    So if it's illegal to carry in a Indianapolis city owned park what would a state permit holder be arrested and charged for if found carrying?

    The penalty is whatever is spelled out in the local ordinance. I can't find the IndyParks one at the moment, but I'll try to track it down.

    ETA: http://library5.municode.com/defaul...04bbacba966fb75979a79b7e76c8bd&infobase=12016

    Sec. 631-108. Discharging firearms. It shall be unlawful for any person, unless authorized by resolution of the board of parks and recreation, to discharge any firearms or have possession of any firearms or other explosive devices, or to endanger others by the use of any weapon, article or device, within any park, playground or on any property controlled or leased by the department of parks and recreation, or on which a concession has been granted by it.

    (Code 1975, § 22-8)

    Cross references: Weapons, ch. 451.

    I can't find a specific penalty, though.
     
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    TigerGuy

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    Ahhh I see. Well every state has its quirks when it comes to ccw. I actually have the elusive and mysterious Rhode Island ccw which as far as restrictions go, I would say is one of the, if not the best permits in the country. The lone restriction is no carrying while intoxicated. The actual language of the law states permit holders may carry "anywhere within the state". They are quite difficult to acquire however.
     
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    csaws

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    The question is whether or not it's Federal property.



    Indiana statutes don't mention anything about restaurants, bars, or alcohol and carrying. We can't carry at the State Fair Grounds during the State Fair, but can carry there at other times. As I understand, this was due to a contractual agreement with the company that runs the Fair. Not that I agree with it...

    The "sterile" areas of the airport are anything past the metal detectors. Recently, signs have been seen on the non-sterile area doors, though, and the airport authorities have dodged the question. In Indiana, the signs have no force of law behind them.

    Also, we have statewide pre-emption, but it's not absolute. It has an annoying grandfather clause, too.

    Does anyone here follow this state fair rule? I am sure the thugs that roam that place do not care about the rule.
     

    Scutter01

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    Does anyone here follow this state fair rule? I am sure the thugs that roam that place do not care about the rule.

    I follow all state and local laws whenever possible. I either don't carry at the Fair, or I don't go. Note that it's not a rule. It's codified in the statutes.
     
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