Can they stop me in the county court house ?

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  • amboy49

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    Wasn't sure where this issue might best fit in which thread, so if need be, ad mins move as appropriate.

    Last week I went to the county courthouse to pay my semi annual real estate taxes - the treasurer's office is located on the second floor. Upon entering the only one of the four courthouse entry doors the public is allowed to use (law enforcement, lawyers, and courthouses employees can use the other doors - special privileges but that's another element of the story).

    So . . . . .having cleared the entry door I was immediately subjected to a walk through X-ray scanner only after emptying my pockets of all contents - wallet, cell phone, etc. NOT ALLOWED were firearms nor knives. To ensure I didn't violate the rules there were not one, but TWO, county sheriff's deputies present.

    I was not carrying a firearm, but couldn't resist asking one of the deputies why the restriction since it went against the Second Amendment. His reply was the county had passed an "ordinance" restricting firearm carry in the courthouse. I didn't press the issue as I felt the deputy wasn't going to waiver in his response(s).

    As far as I know, no one has contested this process. One of the facets that kinda grinds my gears is that off law enforcement aren't subject to the restriction - yet I would contend law enforcement officers off duty are just like any other citizen ? And the same even more so for the lawyers who are knownto regularly use the courthouse for various duties.

    Wondering if this restriction is in use in other counties ?
     
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    Ingomike

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    @Kirk Freeman can best answer this question. Might look at these threads.


     

    WebSnyper

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    Wasn't sure where this issue might best fit in which thread, so if need be, ad mins move as appropriate.

    Last week I went to the county courthouse to pay my semi annual real estate taxes - the treasurer's office is located on the second floor. Upon entering the only one of the four courthouse entry doors the public is allowed to use (law enforcement, lawyers, and courthouses employees can use the other doors - special privileges but that's another element of the story).

    So . . . . .having cleared the entry door I was immediately subjected to a walk through X-ray scanner only after emptying my pockets of all contents - wallet, cell phone, etc. NOT ALLOWED were firearms nor knives. To ensure I didn't violate the rules there were not one, but TWO, county sheriff's deputies present.

    I was not carrying a firearm, but couldn't resist asking one of the deputies why the restriction since it went against the Second Amendment. His reply was the county had passed an "ordinance" restricting firearm carry in the courthouse. I didn't press the issue as I felt the deputy wasn't going to waiver in his response(s).

    As far as I know, no one has contested this process. One of the facets that kinda grinds my gears is that off law enforcement aren't subject to the restriction - yet I would contend law enforcement officers off duty are just like any other citizens (?). And the same even more so for the lawyers who are knownto regularly use the courthouse for various duties.

    Wondering if this restriction is in use in other counties ?
    What county? State pre-emption laws should keep this from happening unless there is something in these buildings that would allow this by the state law (jail, courtroom, etc)


    IMG_6065.jpeg
     

    firecadet613

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    Compatriot G

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    (5) Subject to IC 35-47-16-1, the enactment or enforcement of a provision prohibiting or restricting the possession of a firearm in any building that contains the courtroom of a circuit, superior, city, town, or small claims court. However, if a portion of the building is occupied by a residential tenant or private business, any provision restricting or prohibiting the possession of a firearm does not apply to the portion of the building that is occupied by the residential tenant or private business, or to common areas of the building used by a residential tenant or private business.

    This is from this portion of the Preemption Statute:
    IC 35-47-11.1-4 Not prohibited by chapter
     

    HoughMade

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    (5) Subject to IC 35-47-16-1, the enactment or enforcement of a provision prohibiting or restricting the possession of a firearm in any building that contains the courtroom of a circuit, superior, city, town, or small claims court. However, if a portion of the building is occupied by a residential tenant or private business, any provision restricting or prohibiting the possession of a firearm does not apply to the portion of the building that is occupied by the residential tenant or private business, or to common areas of the building used by a residential tenant or private business.

    This is from this portion of the Preemption Statute:
    IC 35-47-11.1-4 Not prohibited by chapter
    Generally...there is preemption of local laws, but as seen above, not always.
     

    Cameramonkey

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    And talk about irony. No idea if its still the case, but the place to do your LTCH in Marion County is in the City/County building. Which has courts. But it is in an office off the side of a vestibule of the side door closest to the parking lot. So its outside the main building before you reach the metal detectors. That's great, right?

    Wrong. They closed that exterior entrance so your only way to get there is to go into the main entrance and walk through the building after going through the metal detectors.
     

    BehindBlueI's

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    Wrong. They closed that exterior entrance so your only way to get there is to go into the main entrance and walk through the building after going through the metal detectors.

    Fun fact: That entrance was closed off when the building was the police headquarters because a wealthy individual didn't like seeing uniformed police coming and going from their offices' view of the building, complained to the city, and it remained closed for decades. Only recently has it been open to employees again, and that was due to staffing issues and construction.
     

    ECS686

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    Court houses are exempt and you can’t carry (wether they enforce that outside of major trial times is county dependent)

    However the Deputies (probably Special and not merit) were misguided. It’s not a Counry ordinance and if it was it would be illegal as the steve preemption refuses a lower city/county to make their own.
     
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