Are You Staying at the Jail?

[GuyRelford]

Here's my next legal scenario:

You're at home with your family when your younger brother calls you - he's just been in a minor fist-fight in downtown Indy, and he was arrested for misdemeanor battery and taken to the Arrestee Processing Center. However, he's now being released on his own recognizance, and he just needs a ride home.

You drive down to the APC on Washington Street, and go into the public entrance to find your brother. As you're walking in the door, you realize that you're still carrying your XD 9mm in a concealed IWB holster. But since you're not going into any controlled areas of the facility, and you're just picking up your brother, you walk on in.

Have you just committed a crime?

 

[Indy_Guy_77]

I believe that, in Indianapolis, that any police office/department and/or jail is verboten. So, then, yes you've committed a crime.

But you'd only be staying at the jail if discovered.

And even then, I'm not sure if it's a jailable offense or a ticketable one.

-J-

 

[boman]

I don't believe you have committed a crime. You may have violated a policy but I don't recall an ordinance ever being passed restricting carrying legally in a public building owned by Indianapolis. if you enter the City County building you will be screened/wanded but I'm pretty sure they will just ask you to leave or have you give up your firearm while in the building. The only ordinance I am aware of is possession in park.

Steve

 

[IndyParts]

When you walk into the APC, there is only a small waiting area that you can sit in. ANy farther past that, and you have to go through a metal detector. I don't think that you commited a crime, but it is probably not the best thing to make a habit of.

 

[DemolitionMan]

I don't know if there's an Indy ordinance, but I have visited the Danville facility with Scouts (scare 'em straight while they're young!). The officer who guided us asked if anyone was armed before we went into the controlled areas. They have lockers that you place your weapon in and retrieve it on the way out...NBD.

 

[Simon6101]

One thing wrong

There is one thing wrong with the scenario. If you are Picking him up on Washington Street you would be at CCA(Marion County Jail II)/ The APC is located at 752 E Market

 

[Beau]

I say as long as you do not enter any controled areas you are good to go. OC and do it with pride.

 

[Eddie]

No ordinance but

I know that for a lot of the County Courthouses there isn't an ordinance but there is a judicial order that is posted at the entrance telling you not to bring in deadly weapons.

 

[paddling_man]

There is one thing wrong with the scenario. If you are Picking him up on Washington Street you would be at CCA(Marion County Jail II)/ The APC is located at 752 E Market

 

[dburkhead]

Does the Arrestee Processing Center count as a "correctional facility"? If so, I believe there is a state statute that makes it illegal to carry a weapon into such a facility. However, IIRC, (Ciyou's book is buried on my desk somewhere), the statute specified intent and the person described in the OP did not have intent.

Good luck arguing your case on that basis if caught though.

 

[indianajoe]

Guy... I'd reference IC 35-44-3-9, Trafficking with an inmate or child

Sec. 9. (a) As used in this section, "juvenile facility" means the following:
(1) A secure facility (as defined in IC 31-9-2-114) in which a child is detained under IC 31 or used for a child awaiting adjudication or adjudicated under 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 is detained under IC 31 or used for a child awaiting adjudication or adjudicated under 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 authorization of the person in charge of a penal facility or juvenile facility knowingly or intentionally:
(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 or juvenile facility, an article from an inmate or child of the facility;
(3) delivers, or carries to a worksite with the intent to deliver, alcoholic beverages 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 employee of:
(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 IC 35-50-3-2, 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 article is:
(1) a controlled substance;
(2) a deadly weapon; or
(3) a cellular telephone or other wireless or cellular communications device.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977, P.L.340, SEC.67; Acts 1981, P.L.300, SEC.2; P.L.223-1996, SEC.1; P.L.183-1999, SEC.2; P.L.243-1999, SEC.2; P.L.30-2004, SEC.1; P.L.128-2009, SEC.2.

I think the outcome of this scenario would depend in part on what the APC considered its outer boundaries or "controlled areas." Only areas past internal control points? All parts of the building including public and waiting/reception areas? Referencing Bryan Ciyou's "Indiana Handgun Law": " In some facilities, such as large Indiana or federal prisons, [even] the parking lot may be a controlled space. Thus, merely possessing a handgun in one's vehicle could constitute a crime." Regarding smaller facilities, even a halfway house under contract to the DOC may be considered a "penal facility," and a Licensee would be subject to arrest under this statute for carrying onto those premises.

Ciyou notes that "virtually all facilities have gun-check lockers, which may be available to the civilian licensee...." However, entering a police station, jail, or city building with a handgun and without knowing the facility's policy is inviting detainment.

There is a component of intent in this statute, so a licensee who carries unintentionally into a facility may have a general defense, but Ciyou notes that this defense "...would, in all probability, fail."

So, to offer my guess on this scenario, I'd say: whether you're staying the night depends on (a) what the APC considers its outer boundaries/controlled areas and (b) whether the APC offers use of a gun locker to civilian licensees.

Best case, your little brother owes you a big one for the ride home. Worst case, he goes home to sleep in sheets and you get to sleep sitting up, with your back against the wall.

Thanks for putting these scenarios out here. Great thought exercises for us.

 

[Denny347]

Hmmm, APC has metal detectors inside the front doors to the waiting area. No law broken however, it is not the secure area of the facility, I cannot carry in the secure area. They won't let you in if you are OC'ing/CC'ing. They will tell you to wait outside.