Pistol in prison parking lot??

[Lumpy76]

My wife is a court reporter and has to take a deposition at a prison tomorrow. She has a .357 LCR in the car. Any problem if it never leaves the car?
Have searched but there is only info for entering the prison. It is a 3+ hour trip for her and I'd like her to have it.
She has her license also.

 

[Bill B]

[STRIKE]technically it can be "trafficking with an inmate" for even having it on the property.[/STRIKE]

Never mind. I mis-remembered the IC, or they changed it, either way the parking lot is not against the IC. Unless the parking area is inside the walls, then it could be considered "into the facility."

 

[Dirtebiker]

technically it can be "trafficking with an inmate" for even having it on the property.

How's that?

 

[Bill B]

How's that?

You're right, I just double-checked...parking lot is not illegal by the IC.

 

[Rocdenindy]

I have been searching for 10 minutes but can not find the Indiana code but I work at a prison and have worked at the private jail in Indy and both places state that it is against the law to have firearms in your vehicles. But like I said, I can not find the Indiana Code to save my life.

 

[Donnelly]

Tagged for interest.

 

[pudly]

Grrr. I tried parsing through the Indiana Code and I was clear until the last part- definitions. I'm not sure if the second definition, which includes parking lots is relevant or only the first one, which only names buildings. Can anyone provide additional clarification? Here is the relevant info that I found with links to the Indiana Code. My understanding is that the law allows for guns to be prohibited at these facilities, but doesn't forbid it directly.

The "parking lot law" which applies to regular and contract employees is at IC 34-28-7-2. It does not cover visitors. I'm not sure which category would cover a court reporter.

IC 34-28-7 Chapter 7. Possession of Firearms and Ammunition in Locked Vehicles
IC 34-28-7-1 Application
Sec. 1. This chapter applies only to possession of a firearm or ammunition by an individual who may possess the firearm or ammunition legally. This chapter does not apply to the possession of a firearm, ammunition, or other device for which an individual must possess a valid federal firearms license issued under 18 U.S.C. 923 to possess the firearm, ammunition, or other device.
As added by P.L.90-2010, SEC.7.
IC 34-28-7-2 Regulation of employees' firearms and ammunition by employers
Sec. 2. (a) Notwithstanding any other law and except as provided in subsection (b), a person may not adopt or enforce an ordinance, a resolution, a policy, or a rule that:
(1) prohibits; or
(2) has the effect of prohibiting; an employee of the person, including a contract employee, from possessing a firearm or ammunition that is locked in the trunk of the employee's vehicle, kept in the glove compartment of the employee's locked vehicle, or stored out of plain sight in the employee's locked vehicle.
(b) Subsection (a) does not prohibit the adoption or enforcement of an ordinance, a resolution, a policy, or a rule that prohibits or has the effect of prohibiting an employee of the person, including a contract employee, from possessing a firearm or ammunition:
(1) on the property of:
(A) a child caring institution;
(B) an emergency shelter care child caring institution;
(C) a private secure facility;
(D) a group home;
(E) an emergency shelter care group home; or
(F) a child care center; in violation of 465 IAC 2-9-80, 465 IAC 2-10-79, 465 IAC 2-11-80, 465 IAC 2-12-78, 465 IAC 2-13-77, or 470 IAC 3-4.7-19;
(2) on the property of a penal facility (as defined in IC 35-31.5-2-232);
(3) in violation of federal law;
(4) in or on property belonging to an approved postsecondary educational institution (as defined in IC 21-7-13-6(b));
(5) on the property of a domestic violence shelter;
...

Definition of Penal Facility:

IC 35-31.5-2-232 "Penal facility"
Sec. 232. "Penal facility" means a state prison, correctional facility, county jail, penitentiary, house of correction, or any other facility for confinement of persons under sentence, or awaiting trial or sentence, for offenses. The term includes a correctional facility constructed under IC 4-13.5.

Correctional Facility defined

IC 4-13.5-1-1 Definitions
Sec. 1. The following definitions apply throughout this article:
...
(4) "Correctional facility" means a building, a structure, or an improvement for the custody, care, confinement, or treatment of committed persons under IC 11.
...
(7) "Facility" means all or any part of one (1) or more buildings, structures, or improvements (whether new or existing), or parking areas (whether surface or an above or below ground parking garage or garages), owned or leased by the commission under this article or the state for the purpose of:
(A) housing the personnel or activities of state agencies or branches of state government;
(B) providing transportation or parking for state employees or persons having business with state government;
(C) providing a correctional facility;
(D) providing a mental health facility;
(E) providing a regional health facility; or
(F) providing communications system infrastructure.

 

[Lumpy76]

Thanks. Just to be safe she is going to leave it at home.

 

[Bill of Rights]

Thanks. Just to be safe she is going to leave it at home.

My read is the same as posted upthread: Not illegal to have it in the car on site. Note that I am NOT a lawyer and this is not legal advice.

That said, "legal" is not the same thing as "a good idea".

She could drive 3 hrs there & 3 hrs back armed, park somewhere offsite, and take a taxi to and from the prison itself....?

Just a thought.

ETA: If anyone's looking for it, the code for Trafficking With An Inmate is IC 35-44.1-3-5.

Blessings,
Bill

 

[TheSpark]

Pretty sure anywhere on the property of a prison is off limits.

 

[Bill B]

Indiana Code 35-44.1-3

 

[Bill of Rights]

Pretty sure anywhere on the property of a prison is off limits.

Pretty sure unless the statute defines it as such, the above statement is erroneous.

Do you find a definition in the IC that includes the entirety of the property?

 

[cedartop]

Well laws change, but when I worked at the state prison I locked mine up in the guard shack and picked it up on the way out. How is that for irony, working alongside maximum security inmates completely unarmed, on the way home carrying a 4006.

 

[bobbittle]

Pretty sure unless the statute defines it as such, the above statement is erroneous.

Do you find a definition in the IC that includes the entirety of the property?

Pudly posted the correct IC. It is illegal to have a handgun on prison grounds.

 

[SmileDocHill]

Is she an employee of the prison she is going to? If not it appears as though the code quoted above does not apply. Even if it does apply it only means the penal facility is allowed to make it an ordinance. Has that penal facility, or local subdivision stated at what point you are able to still have your firearm? Parking lot, car, in the property but not beyond security?

I work at Marion County Jail a couple days a week and I park in a private lot and leave my EDC in the car. That being said, it appears as though MCJ is setup such that they could easily allow you to go in with your edc and put it in your locker with your other belongings prior to going through security.

Anyone know specifically the law/ord. for MCJ? I haven't had any luck finding it.

 

[Bill B]

Well laws change, but when I worked at the state prison I locked mine up in the guard shack and picked it up on the way out. How is that for irony, working alongside maximum security inmates completely unarmed, on the way home carrying a 4006.

My son works at the prison in Michigan City where the only parking available is on premises, he wishes he could carry to/from work.

 

[Bill of Rights]

Pudly posted the correct IC. It is illegal to have a handgun on prison grounds.

With all due respect to you both, no, the law allows an exception in that they may have a rule prohibiting, where other businesses and locations are not permitted to do so. It is not state law that it is prohibited to possess a firearm in that parking lot.

The code I posted, 35-44.1-3-5, is the one Guy Relford used to refer to in his course, however that code has been changed such that one may possess outside, but may not bring it inside with the intent of providing it to an inmate. As stated upthread, I am not a lawyer, and I welcome correction by those who are.

Blessings,
Bill

 

[cedartop]

My son works at the prison in Michigan City where the only parking available is on premises, he wishes he could carry to/from work.

Yep, worked there for a year and carried my gun to work and locked it up there everyday. Remember this was back in 91 so policy could definitely have changed.