Kicked out of Hendricks Regional for carrying

[sidewinder27]

Please correct me if I am wrong.

I was in Hendricks Regional Hos. out in Danville the other day. I was open carrying like I always do. While sitting there with my daughter waiting on the family to come out of ER, security came over and asked me what agency I was with. Said excuse me, he repeated it again. Told him I'm not with anyone. He then proceeded to berate me about how I am making people uncomfortable and that there are signs on the door saying I can't have a firearm there. The only other person that said anything about the gun was the desk lady when she noticed it. I didn't argue with hime considering my 4yr old daughter was with me and wasn't really in the mood to argue.

The hospital is county owned and operated so how can they ban firearms.
They don't have a temporary jail there. They have a medical team that goes to the jail.
So can they legally kick me out? From what I understand with it being county property they can't.

 

[Cameramonkey]

Please correct me if I am wrong.

I was in Hendricks Regional Hos. out in Danville the other day. I was open carrying like I always do. While sitting there with my daughter waiting on the family to come out of ER, security came over and asked me what agency I was with. Said excuse me, he repeated it again. Told him I'm not with anyone. He then proceeded to berate me about how I am making people uncomfortable and that there are signs on the door saying I can't have a firearm there. The only other person that said anything about the gun was the desk lady when she noticed it. I didn't argue with hime considering my 4yr old daughter was with me and wasn't really in the mood to argue.

The hospital is county owned and operated so how can they ban firearms.
They don't have a temporary jail there. They have a medical team that goes to the jail.
So can they legally kick me out? From what I understand with it being county property they can't.

They can legally kick you out for the shirt you were wearing (or not wearing). Private property means its their rules. Just like if you dont like what I am saying within your home, you can ask me to leave. You cant have me arrested for what I say (generally speaking) but you CAN have me arrested for refusing to leave.

The only LEGAL trouble you would have faced is if you had refused to leave. Then it would have only been Trespassing, not anything gun related.

Sorry they were a**hats.

ETA: Unless there is a preemption issue I am unaware of, but thats something you fight after the fact, not while standing there. The resident legal types can speak on preemption issues if that is the case.

 

[Rookie]

He said it's county owned. Would that be private property?

 

[T.Lex]

There are 2 reasons they may be able to kick you out:
1) It may technically be a private hospital. In that case it is private property and can make whatever rules they want (mostly).
2) There is an exception in the pre-emption statute that allows certain hospitals funded by or operated by local entities to deny people the right to carry. IC 35-47-11.1-4(11).

 

[SEIndSAM]

He said it's county owned. Would that be private property?

Is it owned and operated by the county? Or, is it owned by the county and leased to a private operator? Makes a difference....

 

[Cameramonkey]

Came back to say what TLex said... My money is on privately run.

 

[Rookie]

Is it owned and operated by the county? Or, is it owned by the county and leased to a private operator? Makes a difference....

I have no idea, I was just throwing out what the OP posted.

 

[Drail]

I just love how it is somehow perfectly OK for anyone who "might be" with "an agency" to make people feel uncomfortable - but not for anyone else. I am still searching for the Amendment in the Bill of Rights that guarantees a right to "feel comfortable".

 

[sidewinder27]

I called and did some asking and it is county owned.

I saw that exception to the pre-emption but I am not sure if it falls under that. I think that is the only reason they could ban guns but Im just not sure if they fall under that exception.

 

[T.Lex]

Did just bit more googling and I think it is (or was) set up under the relevant statute - 16-22-2. There were previous statutes under that article that referenced Hendricks County Hospital board.

Now, couple different things might be going on. Back when it was Hendricks County Hospital, it was set up under a statute that, now, would allow it to restrict carry. As it grew into Hendricks Regional, it may have converted to some sort of private/public-private partnership. Either way, if it is still a hospital under 16-22-2, then they can restrict. If it is now private, they can restrict.

If the OP really wanted to follow up, he could do an APRA request for any policy related to firearm possession on the hospital premises. Those are free to do and can yield some interesting information sometimes.

 

[Cameramonkey]

Maybe preemption applies? This data from the American Hospital Association shows its run by the county...

Hendricks Regional Health in Danville, IN Stats & Services - US News Best Hospitals

ETA: I can find nothing on the website to indicate it is being run by an outside private organization. They refer to a board of trustees appointed by the hendricks county commisioners. Seems county to me.

Hopefully part of the IAAL crowd can provide more guidance.
http://www.hendricks.org/board-trustees

 

[printcraft]

"I'm sorry I can't disclose what agency I am with."

 

[ArcadiaGP]

Separate the two issues here:

1. Are guns banned at this hospital by law...
and
2. A security guy kicked OP out.

The security guy likely doesn't give two craps about what the law is, nor does he know. He sees a gun, and he says "get out." That's it's own issue. It does NOT mean "The hospital bans guns." That is a separate issue that you guys are inferring from what the guard did.


If a cashier at Lowe's tells me guns aren't allowed, I'm not going to take that as company policy until I verify otherwise.

 

[Denny347]

In a hospital, conceal the damn thing. I don't think there is a thing called "a gun friendly hospital" around these parts.

 

[Kutnupe14]

Please correct me if I am wrong.

I was in Hendricks Regional Hos. out in Danville the other day. I was open carrying like I always do. While sitting there with my daughter waiting on the family to come out of ER, security came over and asked me what agency I was with. Said excuse me, he repeated it again. Told him I'm not with anyone. He then proceeded to berate me about how I am making people uncomfortable and that there are signs on the door saying I can't have a firearm there. The only other person that said anything about the gun was the desk lady when she noticed it. I didn't argue with hime considering my 4yr old daughter was with me and wasn't really in the mood to argue.

The hospital is county owned and operated so how can they ban firearms.
They don't have a temporary jail there. They have a medical team that goes to the jail.
So can they legally kick me out? From what I understand with it being county property they can't.

Are you SURE about this? You'd be surprised the number of hospitals that have installed holding cells for use by LE (blood draws). I'm not sure what criteria needs to be met in order to qualify as such, but it would do you well to look into.

 

[T.Lex]

Indiana State Department of Health lists it as gov't-locally owned. They were excluded from pre-emption. (Hospitals have good lobbyists. Better than the libraries'.)

From an ISDH 2012 annual filing:

Hendricks Regional Health (Hospital) is a county owned facility operating under the Indiana County Hospital Law, Indiana Code 16-22.

Maybe not as specific as I'd prefer, but close enough to say it is in the pre-emption exclusion.

 

[sidewinder27]

Are you SURE about this? You'd be surprised the number of hospitals that have installed holding cells for use by LE (blood draws). I'm not sure what criteria needs to be met in order to qualify as such, but it would do you well to look into.

I got on the Sheriffs website and and under FAQ it says that medical care and test are done at the jail by a medical staff from the hospital. (paraphrasing)

 

[eldirector]

Hendricks Regional Health is most certainly a "local government entity". Unfortunately, there are exemptions for County and Municipal hospitals in the State's firearms preemption law. So, they may have whatever policy they want.

 

[Denny347]

I got on the Sheriffs website and and under FAQ it says that medical care and test are done at the jail by a medical staff from the hospital. (paraphrasing)

I'm sure Marion County Sheriff says the same thing but Wishard/Eskenazi still has a secure jail facility for those beyond jail medical care.

 

[snafu21]

You couldn't even get a gun into the ER at Methodist Hospital because they have a metal detector you walk through and a guard with a wand. If there's any trouble, there are a couple cops within 50 foot of the door in an office. Apparently the only murder they want there is from medical malpractice.... (was a joke)