Open carry in Anderson, 2 good encounters and then not so good.

[mtgasten]

Bung


Did you carry while picking up your son?

and your point is....?

 

[357 Terms]

easy now boys..., just asking.

 

[Burnsy]

I thought it pertained to a gun in your car:

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.

 

[AndersonIN]

Gee Frank Incorrect..............LOL just kidding. As long as you are there just to pick up you're fine!

How we learn.

 

[357 Terms]

Just making sure he isn't walking in to get his kid OC'n.

Welcome to INGO.

 

[AndersonIN]

Just making sure he isn't walking in to get his kid OC'n.

Welcome to INGO.

Just making sure he isn't walking in to get his kid OC'n. This is the BAD way to learn!!!!!

 

[Burnsy]

Oh, ok you said picking up your kids while OC I had visions of you walking around with the thing on your hip at the school and was confused .

 

[Bung]

I lock it in the car then go in to get him.

Bung, you sure the plainclothes didn't say Kenard? Its a tiny little burg SE of Anderson on HWY 234.

He could have said Kenard, he said it so fast as to confuse me anyway. Is that a suburb of Anderson?

 

[KG1]

I lock it in the car then go in to get him.




He could have said Kenard, he said it so fast as to confuse me anyway. Is that a suburb of Anderson?

I believe you might wanna re-think this as well unless you park off property.

The way I and many others understand the IC is you cannot leave the vehicle with or without the firearm. You must be the operator and remain in the vehicle with your firearm. You cannot leave and just lock the firearm in the vehicle while on school property or at a school function.

 

[Bung]

As I read it, it doesn't say anything about being in possession of the firearm, only that you may posses it when transporting a person to and from school. If you want to get technical, in order to transport my son to and from his school I have to get out of the car and physically take him in since he isn't even two yet. By that logic, I should be able to carry it in with me since I am transporting him. Unless someone there complains about it, there will be no need for the cops to show up, so I don't see it being an issue. Besides that, the day care is located inside of a church basement.

I wrote a letter to the complaint department at the hospital, we'll see how that pans out for me.

I visited your hospital on September 2nd to take my wife in for blood work. On each entrance (at least the public ones)is a sticker warning that no concealed firearms are allowed at the hospital. I usually open carry so that doesn't bother me at all and on two previous trips I carried there without issue. On this occasion, I was stopped on my way out of the medical arts building by Roger Baker and Russell. Russell said to me, "Don't you know that isn't concealed?", pointing to my LC9 handgun in my wasit band holster. I told him, "Yes, I carry open and (pointing towards the door sticker) you can't carry concealed here anyway." He then asked for my concealed carry permit. I informed him that Indiana didn't issue concealed carry permits, the state issues a License to Carry a Handgun. I then presented him with the LTCH. So, thus far he was wrong about two things, the fact you can't conceal carry in the hospital and the license the state issues. I know the hospital isn't generally concerned with the Constitution, as you are in the business of medical practice, but the both of them did violate my rights and neither of them admitted to detaining me but would not return my LTCH or let me leave. I even directly asked if I was being detained and they both said I was not. Aside from that, I informed them I was going to file a complaint with their departments (Baker was in his Sheriff uniform) and asked for cards. Baker initially resisted, telling me that I didn't need his card but he did give me one. I asked Russell for a card and he said he didn't have any. So I asked for a pen to write down his information and he said, "You should have thought of that before.", which is not very professional of him at all. I was directed to the emergency room to have the security supervisor come down so I could file a complaint. At this time I knew Russell was working security for Community because he had his Community badge on. I thought Baker was called out from the Sheriffs department but he was the one that came down to take my complaint. Once he sat down with the form I said, "Don't you think it would be a conflict of interest for you to take this complaint." He replied, "Yes, I guess it would be." So he gave me the phone number of the supervisor. At no time was his Community badge visible, I'm not sure he was even wearing it. I got a call back from the supervisor and explained to him exactly what I've explained here, making it a point that neither of them were aware of the door stickers or that the permit issued by the state is not a concealed carry permit. The supervisor seemed completely unconcerned about their lack of knowledge or the lack of professionalism on the part of Officer Russell and added that the two of them did exactly what they should have done. That really isn't satisfactory. At the very least he could have assured me they would be corrected on the hospital concealed carry policy and that Officer Russell should not have replied to my request for a pen in such a manner. If you wish to contact me you can send an email or if you would rather have a live conversation you can call me at 765-###-####, thank you for your attention.

 

[KG1]

I thought it pertained to a gun in your car:

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 I read it, it doesn't say anything about being in possession of the firearm, only that you may posses it when transporting a person to and from school. If you want to get technical, in order to transport my son to and from his school I have to get out of the car and physically take him in since he isn't even two yet. By that logic, I should be able to carry it in with me since I am transporting him. Unless someone there complains about it, there will be no need for the cops to show up, so I don't see it being an issue. Besides that, the day care is located inside of a church basement.

I wrote a letter to the complaint department at the hospital, we'll see how that pans out for me.

Do what you want but I suggest you re-read the IC quoted above carefully and place the emphesis on:

"A) may legally possess a firearm; and
(B) possesses the firearm in a motor vehicle that is being operated by the person "

Meaning the firearm must be legally in your possession in the vehicle and you must be the operator of that vehicle.

 

[long coat]

Bung, you (LTCH holder) must be driving and not leave the car.
I have the same problem with my sons school, I never know what days I will be picking him up and must enter the school and get him.

 

[Grump01]

I lock it in the car then go in to get him.




He could have said Kenard, he said it so fast as to confuse me anyway. Is that a suburb of Anderson?

Kennard is approximately 6 miles into the west side of Henry Co. on 234.

 

[Bung]

So then he was out of his jurisdiction.

The 'school' is located in the basement of a church. The parking lot is owned and operated by the church. The 'school' does not own the parking lot or even have marked parking spots. I think if it comes down to it they have no legal ground since I'm parking at the church. By your logic, no one in the church would be allowed to have a firearm as well.

 

[AndersonIN]

So then he was out of his jurisdiction.

The 'school' is located in the basement of a church. The parking lot is owned and operated by the church. The 'school' does not own the parking lot or even have marked parking spots. I think if it comes down to it they have no legal ground since I'm parking at the church. By your logic, no one in the church would be allowed to have a firearm as well.

If it is a licensed day care/school at the church and the church OWNS the lot, unless you have direct permission from the church you are correct...............no one in the church would be allowed to have a firearm as well!

 

[Indy Wing Chun]

The question I guess I have is, Is this a SCHOOL (or is there a school on the property) or just a daycare facility?

If it is just a daycare facility (public, private, in-home, licensed, un-licensed, etc) does the law apply?

 

[KLB]

Is this a pre-school or does it have elementary classes as well?

Do pre-schools even count as schools in this regard?

 

[AndersonIN]

Is this a pre-school or does it have elementary classes as well?

Do pre-schools even count as schools in this regard?

IC 35-41-1-24.7
"School property" defined
Sec. 24.7. "School property" means the following:
(1) A building or other structure owned or rented by:
(A) a school corporation;
(B) an entity that is required to be licensed under IC 12-17.2 or IC 31-27;
(C) a private school that is not supported and maintained by funds realized from the imposition of a tax on property, income, or sales; or
(D) a federal, state, local, or nonprofit program or service operated to serve, assist, or otherwise benefit children who are at least three (3) years of age and not yet enrolled in kindergarten, including the following:
(i) A Head Start program under 42 U.S.C. 9831 et seq.
(ii) A special education preschool program.
(iii) A developmental child care program for preschool children.
(2) The grounds adjacent to and owned or rented in common with a building or other structure described in subdivision (1).

 

[Bung]

(2) The grounds adjacent to and owned or rented in common with a building or other structure described in subdivision (1).

I was looking for this and couldn't find it. Strange, if a court is in the same building as something else (like apartments) they can't keep people from having guns in the building, just not on the side of the court, but they treat schools differently, how dumb.


I think it might have a pre-school, I'm not sure since I'm only interested in the day care.

I guess I'm going to start parking on the street.

I'm glad they have all these laws to stop people from carrying guns around a school. It certainly has done a lot in the past to prevent shootings. I sure hope no crazy father pissed at his wife/girlfriend for trying to get custody of their child shows up with a gun to kidnap him/her and ends up threatening everyone at the school. Oh wait, that couldn't happen since there are laws against that sort of thing.

I can see it now, I go there and find a gunman holding a class hostage, go back to my car parked on the street, get my gun, kill the idiot, then I go to prison for having a gun on school property.

 

[infiremedic07]

I have a question or as much a statement about a dicotomy here in the legal system that might provode a legal standing if one was to lock their gun in the car to walk up to the school to pick up a child. It has to do with the verbage of possession. If i were to leave a bag of dope in my car and a officer was to walk by, see it in plain view and as I walk up to the vehicle he asks me if it was my car to whick i affirm it was would he not immediately arrest me for possession. So if i can be charged with possession and not be physically in the car would i not also be in possession of the gun if it is pocked in my car while walking to the front door to get my child. Just my .02