Do you plan on OC'ing when you vote Nov 6th?

[CathyInBlue]

Correct, I was discounting that aspect, but I've never seen metal detectors at any of the entrances to the Booker T. Washington Community Center, even back when it was the Hyte Center and run by a private non-profit. I don't see the city taking on the expense of installing and manning metal detectors now that it's directly managing the place.

I may yet do the long gun carry thing, but it'll be in the face of grossly ignorant and untrained THPD officers at this point. My new trial date is 8:30 A.M., Friday, March 8, 2013 in Terre Haute City Court. That's sufficiently far in the future, a simple kerfluffle wouldn't necessarily impact my trial. A major kerfluffle, however might, so prolly best not to carry just yet.

A simply litany of my charges would not really give away any details. IC 35-44-3-3(a)(1), A misdemeanor, resisting law enforcement; IC 35-42-2-1(a)(1)(B), A misdemeanor, battery on a law enforcement officer without injury; and IC 35-45-1-3(a)(2), B misdemeanor, disorderly conduct. The disorderly is just a BS catch-all charge. They offered to drop the two A misdemeanors if I plead to the disorderly and forfeit all of my guns and ammo for the 180 days of probation. BS! Not gonna happen. For me to make that plea is for me to admit that my verbally defending my gun rights in my own back yard was "unreasonable noise". Nope, we're going to trial.

 

[Timjoebillybob]

Nope, we're going to trial.

Best of luck.

 

[CAT 1000B]

I will be carrying. I always carry. It will be concealed though.

 

[tsalazar]

My voting place is a school. Sooo I will not be OC or CC that day. Darnit.

 

[GuyRelford]

My polling place is a local church with a licensed day care and preschool, so. . . .

 

[Titanium_Frost]

It sounds like we have a lot of work to do reinstating the right to carry during election day. It appears that the state doesn't even need to outlaw it directly since most of us vote at places that they are banned by law.

Someone needs to tell the GA that criminals are known to not follow laws...

 

[mrobnoxious1]

I will be comfort carrying, maybe jacket, maybe not, in owb.

 

[SaintsNSinners]

I will be OC, who knows maybe i will take the M1A

 

[Timjoebillybob]

My polling place is at the county courthouse. But there are no local ordinances against it, but there maybe a court order. Although it's not posted and the only time that there are metal detectors is when court is in session. And I have OCed there during the last election so......

Does anyone know if contempt of a court order would be a treason, felony or a misdemeanor involving a breach of peace?

 

[Timjoebillybob]

My polling place is a local church with a licensed day care and preschool, so. . . .

I've got a question about this. Your church has a licensed daycare and preschool. But are they required to be licensed and would it actually matter if charged? Per IC the restriction on carry at a daycare/preschool only applies if they are required to be licensed under IC 12-17.2 or IC 31-27;

IC 35-31.5-2-285
"School property"
Sec. 285. "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).
As added by P.L.114-2012, SEC.67.

Per IC ministries are not required to be licensed and are specifically exempt from licensure requirements.

IC 12-17.2-6-1
Licensure of ministries
Sec. 1. A child care ministry is exempt from licensure under this article if the child care ministry complies with this chapter. However, a child care ministry may apply for licensure. If a license is issued to the child care ministry, the child care ministry shall comply with state laws and rules governing licensure of the type of facility that the ministry operates.
As added by P.L.1-1993, SEC.141.

And I don't believe that most church ran daycare/preschools would fall under the definitions in 31-27

IC 31-9-2-16.7
"Child caring institution"
Sec. 16.7. "Child caring institution", for purposes of IC 31-27, means:
(1) a residential facility that provides child care on a twenty-four (24) hour basis for more than ten (10) children; or
(2) a residential facility with a capacity of not more than ten (10) children that does not meet the residential structure requirements of a group home.
As added by P.L.145-2006, SEC.180.

IC 31-9-2-46.9
"Foster family home"
Sec. 46.9. "Foster family home", for purposes of IC 31-27, means a place where an individual resides and provides care and supervision on a twenty-four (24) hour basis to a child, as defined in section 13(d) of this chapter, who is receiving care and supervision under a juvenile court order or for purposes of placement.
As added by P.L.145-2006, SEC.194. Amended by P.L.143-2008, SEC.2; P.L.48-2012, SEC.14.

IC 31-9-2-48.5
"Group home"
Sec. 48.5. "Group home", for purposes of IC 31-27, means a residential structure in which care is provided on a twenty-four (24) hour basis for not more than ten (10) children.
As added by P.L.145-2006, SEC.197.

So since they are not required (although they are allowed to be) licensed, would the law actually prohibit carry at a church?

I think I remember this being discussed in various threads but not specifically in it's own. I'm probably going to start a thread specifically about this.

 

[GuyRelford]

I've got a question about this. Your church has a licensed daycare and preschool. But are they required to be licensed and would it actually matter if charged? Per IC the restriction on carry at a daycare/preschool only applies if they are required to be licensed under IC 12-17.2 or IC 31-27;
Per IC ministries are not required to be licensed and are specifically exempt from licensure requirements.
And I don't believe that most church ran daycare/preschools would fall under the definitions in 31-27
So since they are not required (although they are allowed to be) licensed, would the law actually prohibit carry at a church?

I think I remember this being discussed in various threads but not specifically in it's own. I'm probably going to start a thread specifically about this.

Thanks. I'm fully aware of what the law says, but the presence of the day care and nursery school mean that I am not going to push the issue by OCing. (I'm far too busy to create a test case for myself and risk a felony conviction in the process.)

And check out French v. State, http://law.justia.com/cases/indiana/supreme-court/2002/11220202-trb.html, which upheld an enhanced penalty for selling drugs within 1000 feet of "school property" based on a "quasi-kindergarten" located in a church. That's too close for comfort, in my view.

French contends that there was no evidence to support the proposition that St. Bartholomew Preschool was “school property” for purposes of the enhancement provided by Indiana Code section 35-48-4-1 for dealing within 1000 feet of a school. Section 35-41-1-24.7 provides, in relevant part, that the term “school property” includes “a building or other structure owned or rented by . . . [a] private school (as defined in IC 20-9.1-1-3).” Section 20-9.1-1-3 defines a private school as “any school which is not supported and maintained by funds realized from the imposition of a tax on property, income or sales.” The Director of St. Bartholomew Preschool testified that the preschool is part of the St. Bartholomew’s Catholic Church. She testified that the school was a private school, did not receive state funding, and was privately sponsored by the church. She also stated that the children at the school range in age from twenty months to six years; they learn their numbers and alphabet, sing songs, go on field trips, and play. She testified that the building in which the school is located is owned by the parish. French contends that based on this information, one may speculate that St. Bartholomew was nothing more than a “church run babysitting service.” We disagree. We think that this kindergarten level institution falls within the definition of “school property.”

Guy

 

[Timjoebillybob]

Thanks. I'm fully aware of what the law says, but the presence of the day care and nursery school mean that I am not going to push the issue by OCing. (I'm far too busy to create a test case for myself and risk a felony conviction in the process.)

And check out French v. State, Roman Lamont French v. State of Indiana :: November, 2002 :: Indiana Supreme Court Decisions :: Indiana Case Law :: US Case Law :: US Law :: Justia, which upheld an enhanced penalty for selling drugs within 1000 feet of "school property" based on a "quasi-kindergarten" located in a church. That's too close for comfort, in my view.



Guy

I'm sure your fully aware of it. I was just asking about your(or anyone) opinion (not legal advice). And thank you much for the link. I believe I've read that one before, but I'll reread it again just in case.

ETA I started another thread regarding this question if anyone wants to put in their on this. Or post it here
https://www.indianagunowners.com/fo..._defense/242125-church_preschool_daycare.html

 

[GuyRelford]

I'm sure your fully aware of it. I was just asking about your(or anyone) opinion (not legal advice). And thank you much for the link. I believe I've read that one before, but I'll reread it again just in case.

ETA I started another thread regarding this question if anyone wants to put in their on this. Or post it here
https://www.indianagunowners.com/fo..._defense/242125-church_preschool_daycare.html

As you'll see, the court relied on the "private school" part of the definition of "school property" and specifically applied it to a church preschool.

Guy

 

[AndersonIN]

As you'll see, the court relied on the "private school" part of the definition of "school property" and specifically applied it to a church preschool.

Guy

While the rest of us DO appreciate your FREE "legal advice" some I guess like to play law school. The rest of us can't afford to money or time wise.

As I'm sure WE'd all prefer opinions over qualified legal advice from a qualified lawyer!

Thanks, AGAIN!

 

[indytechnerd]

Polling place is a golf course clubhouse, I might OC just for giggles.

 

[AndersonIN]

Polling place is a golf course clubhouse, I might OC just for giggles.

YOU don't have the BALLS to OC at a GOLF COURSE!!!!

 

[indytechnerd]

YOU don't have the BALLS to OC at a GOLF COURSE!!!!

Oh yes I do....got a whole SACK full of them!!!

 

[88GT]

*groan*

 

[femurphy77]

*groan*

Beat me to it.

 

[Hack966]

I would if I didn't work out state and forced to vote at the City/County building.