Carrying in a Police station

[mainjet]

IC 35-41-1-21
"Penal facility"
Sec. 21. "Penal facility" means state prison, correctionalfacility, county jail, penitentiary, house of correction, or any other facilityfor confinement of persons under sentence, or awaiting trial or sentence, foroffenses. The term includes a correctional facility constructed under IC4-13.5.



IC 35-44-3-9
Trafficking with an inmate or child
Sec. 9. (a) As used in this section, "juvenile facility" meansthe following:
(1) A secure facility (as defined in IC 31-9-2-114) in which a child isdetained under IC 31 or used for a child awaiting adjudication or adjudicatedunder IC 31 as a child in need of services or a delinquent child.
(2) A shelter care facility (as defined in IC 31-9-2-117) in which a child isdetained under IC 31 or used for a child awaiting adjudication or adjudicatedunder IC 31 as a child in need of services or a delinquent child.
(b) Except as provided in subsection (d), a person who, without the priorauthorization of the person in charge of a penal facility or juvenile facilityknowingly or intentionally:
(1) delivers, or carries into thepenal facility or juvenile facility

withintent to deliver, an article to an inmate or child of the facility;
(2) carries, or receives with intent tocarry out of the penal facility or juvenile facility, an article from an inmate or child of thefacility;
(3) delivers, or carries to a worksite with the intent to deliver, alcoholicbeverages to an inmate or child of a jail work crew or community work crew; or
(4) possesses in or carries intoa penal facility or a juvenile facility:
(A) a controlled substance; or
(B) a deadly weapon;
commits trafficking with an inmate, a Class A misdemeanor.


IMHO - (which means very little) I don't see trafficking holding up if you leave the weapon in the car. How can they prove that you were trying to get it to an inmate if you never took it out of your car?

The above code says "possesses IN" or "carries INTO". To me this very clearly means "inside" not on the property. In the case of schools they clearly say "school property".

 

[rhino]

If parking lots count, it's going to be tough taking classes at Boone County.

It'll make it even tougher to use the bathroom inside of the lobby to the sheriff's dept. during a class.

 

[mrortega]

So just being booked or charged is not sufficient, since they're not strictly defined as "awaiting trial"? I'm not trying to be obtuse here, just to understand what sort of quagmire I might have occasion to step in. It's not that I expect it to come up, but if I'm exposing myself to serious charges merely by parking somewhere, it would be handy to have that clear. Whether or not the law makes sense or I agree with it, I'm not really the sort to want to flout it. Carrying at work for me is a strict no-no, for example, even if I leave it in the car, so I leave it home. This sucks, but it's the way it is. I just want to know my boundaries.

Easy solution: Just put a sign in your car window, visible from 100', that says "Gun in car but not trying to break the law." Someone will likely come along and "clarify" the law for you. Let us know.

 

[LanceRobbins24]

subscribed for response from St. Joseph prosecutors office.

 

[Hookeye]

People keep saying "parking lot".

What is that definition?

Do they mean the area of parking outside of a person's vehicle

or does it include the contents of a vehicle that has traveled onto said area of parking?

 

[IndianaResident]

I was carrying while riding a motorcycle without a locking unit on it when it became necessary for me to go to the Sheriff station. I called from outside the building and explained my situation, and they held my gun for me at the security desk while I went about my business.

Not an ideal situation, but I feel it was accommodating of them not to tell me to go home and then come back.

I'm not trying to be vague, but I can't for the life of me remember why I had to go to the station....

 

[bullfrog4ever]

Resurect from the dead!!

IC 35-44-3-9
Trafficking with an inmate or child
Sec. 9. (a) As used in this section, "juvenile facility" means thefollowing:
(1) A secure facility (as defined in IC 31-9-2-114) in which a child isdetained under IC 31 or used for a child awaiting adjudication or adjudicatedunder IC 31 as a child in need of services or a delinquent child.
(2) A shelter care facility (as defined in IC 31-9-2-117) in which a child isdetained under IC 31 or used for a child awaiting adjudication or adjudicatedunder IC 31 as a child in need of services or a delinquent child.
(b) Except as provided in subsection (d), a person who, without the prior authorizationof the person in charge of a penal facility or juvenile facility knowingly orintentionally:
(1) delivers, or carries into the penal facility or juvenile facility
with intent to deliver, an article to an inmate or child of the facility;
(2) carries, or receives with intent to carry out of the penal facility orjuvenile facility, an article from an inmate or child of the facility;
(3) delivers, or carries to a worksite with the intent to deliver, alcoholicbeverages to an inmate or child of a jail work crew or community work crew; or
(4) possesses in or carries into a penal facility or a juvenile facility:
(A) a controlled substance; or
(B) a deadly weapon;
commits trafficking with an inmate, a Class A misdemeanor.
(c) If the person who committed the offense under subsection (b) is an employeeof:
(1) the department of correction; or
(2) a penal facility;
and the article is a cigarette or tobacco product (as defined in IC 6-7-2-5),the court shall impose a mandatory five thousand dollar ($5,000) fine under IC35-50-3-2, in addition to any term of imprisonment imposed under IC 35-50-3-2.
(d) The offense under subsection (b) is a Class C felony if the articleis:
(1) a controlled substance;
(2) a deadly weapon; or
(3) a cellular telephone or other wireless or cellular communications device.

"Penal facility"
Sec. 21. "Penal facility" means state prison, correctional facility,county jail, penitentiary, house of correction, or any other facility forconfinement of persons under sentence, or awaiting trial or sentence, foroffenses. The term includes a correctional facility constructed underIC 4-13.5.

IC 4-13.5-1-1
Definitions
Sec. 1. The following definitions apply throughout this article:
(1) "Commission"means the Indiana finance authority established by IC 4-4-11-4.
(2) "Communicationssystem infrastructure" has the meaning set forth in IC 5-26-5-1.
(3) "Construction"means the erection, renovation, refurbishing, or alteration of all or any part of buildings, improvements, or otherstructures, including installation of fixtures or equipment, landscaping of grounds, site work, and providingfor other ancillary facilities pertinentto the buildings or structures.
(4) "Correctional facility" means a building, a structure, or an improvement for the custody, care,confinement, or treatment of committed persons under IC 11.
(5) "Department" refers to:
(A) the integrated public safety commission, for purposesof a facility
consistingof communications system infrastructure; and
(B) the Indianadepartment of administration, for purposes of all other facilities.
(6) "Mental healthfacility" means a building, a structure, or an improvement for the care, maintenance, or treatment of persons withmental or addictive disorders.
(7) "Facility" means all or any part of one (1) or morebuildings, structures, or improvements(whether new or existing), or parking areas (whether surface or an above or below ground parking garage orgarages), owned or leased by the commissionunder this article or the state for the purpose of:
(A) housing thepersonnel or activities of state agencies or branches of state government;
(B) providingtransportation or parking for state employees or persons having business with state government;
(C) providing acorrectional facility;
(D) providing amental health facility;
(E) providing aregional health facility; or
(F) providingcommunications system infrastructure.
(8) "Person" meansan individual, a partnership, a corporation, a limited liability company, an unincorporated association, or agovernmental entity.
(9) "Regional healthfacility" means a building, a structure, or an improvement for the care, maintenance, or treatment of adultsor children with mental illness, developmental disabilities,addictions, or other medical or rehabilitative needs.
(10) "State agency"means an authority, a board, a commission, a committee, a department, a division, or otherinstrumentality of state government, but does not include a state educational institution.

So, raising this from the dead, cause I have an interest of an answer to the parking lot issue. There is one issue I've not been able to find the answer to. So, based on what I've been able to find with definitions:

1) The penal facility definition in section 21 refers you to definitions: IC4-13.5-1-1 (4)

"Correctional facility" means a building, a structure, or an improvement for the custody, care, confinement, or treatment of committed persons under IC 11.
AKA:County JAIL

2) Facility refers you to IC4-13.5-1-1 (7)

"Facility"means all or any part of one (1) or more buildings, structures, or improvements (whether new or existing), or parking areas (whether surface or an above or below ground parking garage or garages), owned or leased by the commission under this article or the state for the purpose of:
(C)providing a correctional facility
AKA:County JAIL parking area

3) Department refers to IC4-13.5-1-1 (5)

"Department" refers to:
(A) the integrated public safety commission, for purposes of a
facility consisting of communications system infrastructure;
AKA:Sheriff Dept/Comm Center/Employee Parking Area


4) Now here's what I've come up with for my neck of the woods Sheriff Dept/County Jail that shares a building and parking lot:

In a secure penal facility, all officers must relinquish their weapons in order to pick-up/drop-off prisoners or enter any area of the "penal facility". That area of the parking and the sections of the building that house the jail area considered "penal facility" or "county jail".

However, once the officers leavethe secured area of the "county jail" and return to the public/administrative/communications areas of the same building, they are then able to carry their duty weapons, that means they are no longer in the area of the "penal facility" and into an area where those laws don't necessarily apply.

Therefore the parking area for general public and employees/officers falls null of the weapons violations under IC 35-44-3-9 and all other IC's and definitions afterward. Since the "penal facility" parking area cannot take the entirety of the parking area for a shared county jail/sheriff dept, the general public/officer/employee parking would therefore fall under the Sheriff Dept and not the "penal facility" or "county jail" and would not be illegal to carry into parking and possibly even into general public areas.

Since going into general public area is considered an unsecured area, I don't see it as technically being illegal. However probably not the best idea to do since the interpretations may be different by other officers. But the parking lot should be fine. But I see it as a 2 buildings that happen to be connected, but don't share all power, electric, HVAC etc. and have a solid secure barrier that separates 2 entities.

(Althoughthe separate power, electric, HVAC argument may not work due to singular address office buildings that do the same thing, even though they have different suite numbers.)

It still depends on what the states definition of Sheriff Department is (I was unable to find) and what the county zoning of the area is (unable to find) as well.

But, that is my take on the law. Please correct me if I'm wrong, messed up or missed something. I'd love to hear what Guy's take on this is now, 9 months later.

IANAL, but I play one on TV and I also stayedat a Holiday Inn Express last night!!

 

[nemo97]

Why would you need to carry there, the police are already there to protect you.

The police are also there to serve... Cake, donuts, 7 course dinner, tennis ball, what?

 

[DemolitionMan]

IANAL, but I can share an experience that might be relevant.

I've been a Scout Master and before that a Cub Master. A few years ago I took a group of Cub Scouts to the Hendricks County jail as part of their requirements to visit local government facilities. They got a tour, learned how to take fingerprints, and saw a taser demonstration (they tried to volunteer me as a target but fortunately the deputy took pity on me).

As we moved from the lobby of the building to the doors that secure the actual jail, the deputy asked if anyone was carrying a firearm. He was quick to say that it was alright if we were, but we needed to secure any firearms in the lockers outside the door. My son immediately gave me a look, as did a few of the parents that know I carry, but I had assumed that it would not be a good idea to carry that day.

So it seems at least in this case that they were only concerned about you trying to carry a firearm into the secure areas of the facility.

 

[Denny347]

It's only illegal to carry into a secure facility. How do you know if you have entered a secure area? They will search you and/or your vehicle. Parking lots are NOT secure areas unless they sit behind the fence and your vehicle will get searched prior to entering the lot. For instance, I have a rider with me and they are carrying (against dept policy but it happens). I make an arrest and transport them to APC (Arrestee Processing Center). WE drive into the sallyport and park. I do not enter the secure area until I walk into intake through a door that must be unlocked from the control room. My rider stays in my car with his/her handgun is not breaking any laws.

 

[bullfrog4ever]

The problem with the law is that it doesn't state that a penal facility must have secure parking areas. But it does state that a penal facility does include the parking area.

 

[Excalibur]

So in Indiana, as long as I don't go into the lock up area where they put the drunks, crazies and stupid, it's ok to be carrying in a police station?

 

[donnie1581]

I carried in the police station here in town which has a holding area. Oops

 

[GunnerDan]

I carried in the police station here in town which has a holding area. Oops

Go to jail, go directly to jail, do not collect $200.

Gunner

 

[LanceRobbins24]

It's only illegal to carry into a secure facility. How do you know if you have entered a secure area? They will search you and/or your vehicle. Parking lots are NOT secure areas unless they sit behind the fence and your vehicle will get searched prior to entering the lot. For instance, I have a rider with me and they are carrying (against dept policy but it happens). I make an arrest and transport them to APC (Arrestee Processing Center). WE drive into the sallyport and park. I do not enter the secure area until I walk into intake through a door that must be unlocked from the control room. My rider stays in my car with his/her handgun is not breaking any laws.

...Note to self....If I ever do a ride along...ride with Denny

 

[bobbittle]

When I worked for Indiana DOC we were informed weapons were not allowed in the parking lot due to offenders being utilized for cleaning and maintenance duties in the parking lot.

 

[9mmfan]

Back in my armed ( and uniformed) security days I gave a ride to a young lady to the St Joseph county jail (I had thrown her boyfriend out of the club I worked at and the SB police kindly arrested him ) A friend of hers followed us.

On arrival, I walked her into the public entrance to said jail. After I had been there close to ten minutes, one of the front desk staff told me "You can't be in here carrying a gun". I said, fine and walked outside.

Two minutes later the same front staff person came out and said I could come back in. I stayed with the young lady until her friend made it inside then left.

What does that all mean? That even some jail personnel don't understand what is allowed or not allowed.