Indiana State Museum carry. Yes/No?

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  • AndersonIN

    Master
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    1   0   0
    May 21, 2009
    1,627
    38
    Anderson, IN
    Found this to be an interesting use of words.............

    Sec. 1. No person in possession of a deadly weapon, destructive device, weapon of mass destruction, or any other device
    commonly used in furtherance of terrorism, or is readily capable of causing serious bodily injury (as defined by IC 35-41-1-25 [IC
    35-41-1-25 was repealed by P.L.114-2012, SECTION 129, effective July 1, 2012.]) as determined by an authorized law enforcement officer shall be permitted into or permitted to remain in the Indiana government center campus. (Indiana Department of Administration; 25 IAC 8-3-1; filed Feb 20, 2007, 3:16 p.m.: 20070321-IR-025060417FRA)

    Things that make ya go Hmmmmmm
     

    eldirector

    Grandmaster
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    10   0   0
    Apr 29, 2009
    14,677
    113
    Brownsburg, IN
    I've also done a bit more research, and a few things stick out to me:
    IC 4-37-2-2
    Corporation a public body corporate and politic
    Sec. 2. (a) The corporation is:
    (1) a public body corporate and politic; and
    (2) an instrumentality of the state.
    (b) The corporation is separate from the state. However, the exercise by the corporation of its powers is an essential governmental function.

    part (1) established the Museum as both a corporation AND a political entity.

    part (2) seems to say it is part of the State government, however;

    section (b) is very clear that this is NOT part of the state government, but is a government function.

    So, not part of the state, but clearly a political corporate body.

    Well, then, let's look that up:
    IC 23-6-3
    Chapter 3. Indiana Historical Society

    IC 23-6-3-1
    Body politic and corporate; powers
    Sec. 1. The Indiana historical society is a body politic and corporate that may:
    (1) have perpetual succession;
    (2) hold, purchase, receive, enjoy and transfer any property, real and personal;
    (3) have and use a common seal; and
    (4) sue and be sued, plead and be impleaded, defend and be defended in all courts of judicature whatever.

    Yep. Corporation and Political Entity, for sure.

    But, does the preemption IC apply?
    IC 35-47-11.1-2
    Political subdivision regulation of firearms, ammunition, and firearm accessories prohibited

    Let's look:
    "IC 36-1-2-13
    "Political subdivision"
    Sec. 13. "Political subdivision" means municipal corporation or special taxing district.
    and...
    IC 36-1-2-10
    "Municipal corporation"
    Sec. 10. "Municipal corporation" means unit, school corporation, library district, local housing authority, fire protection district, public transportation corporation, local building authority, local hospital authority or corporation, local airport authority, special service district, or other separate local governmental entity that may sue and be sued. The term does not include special taxing district.

    Ah-ha! NOW we are on to something. It appears that the Museum is indeed a municipal corporation, separate from the State, and bound by the preemption statute.

    Anyone want to check my logic an weigh in?
     
    Rating - 100%
    8   0   0
    May 6, 2012
    2,152
    48
    Mishawaka
    Ah-ha! NOW we are on to something. It appears that the Museum is indeed a municipal corporation, separate from the State, and bound by the preemption statute.

    Anyone want to check my logic an weigh in?

    I don't know how you do this, but it's amazing that you can and are able to, and that you DO.. I'm not even following this topic, but I like your logic (are you a lawyer ? LOL)
     

    eldirector

    Grandmaster
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    10   0   0
    Apr 29, 2009
    14,677
    113
    Brownsburg, IN
    I don't know how you do this, but it's amazing that you can and are able to, and that you DO.. I'm not even following this topic, but I like your logic (are you a lawyer ? LOL)

    No, not a lawyer. Not even close! Just way too logical (a gift or a fault, depending on the situation), with a knack for digging up info on about anything I care about. Also lucky enough to have a job that has bursts of activity followed by enough downtime to do stuff like this.

    Speaking of which, I should probably knock out a few things by end of day!
     

    eldirector

    Grandmaster
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    10   0   0
    Apr 29, 2009
    14,677
    113
    Brownsburg, IN
    Safe side just dont

    Don't what? Carry? Or confirm that they even have the authority to restrict it?

    To be on the "safe" side, I would either not go or conceal well. That is much safer than disarming for no good reason other than "they said so".

    Sorry, folks that overstep their authority tend to burn my biscuits! :D
     

    Archer46176

    Shooter
    Rating - 100%
    4   0   0
    Jul 21, 2012
    324
    16
    South East of Indy
    If they dont know you have it they cant ask you to leave because of it. I have carried there before I just dont go running through the halls screaming "I have a firearm betcha cant catch me!"... lol
     

    Mackey

    Master
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    7   0   0
    Nov 4, 2011
    3,282
    48
    interwebs
    I'd carry concealed (and I have in the Children's Museum in Indy ---- oh the humanity). To hell with their rules. Prancing about with the family in Indy can be dangerous, especially depending where you park. The bad guys know you're vulnerable when you're going in there, "following the rules" and when you're weighed down with the family with you, even more so.
     
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