Simon Mall

[Turf Doctor]

I do not know if the school is still there, but if you were downtown Indy at Circle City mall, it used to have an IPS school. You could have been arrested rather than asked to leave.

That would really suck.

https://www.indystar.com/story/news...uth-academy-open-circle-centre-mall/70162140/

 

[wtburnette]

I really wish we didn't have to contend with facilities that try to limit our rights, however, I'm hoping the experience didn't come as a surprise. When you choose to OC, you choose to take your chances with being asked to leave places that aren't 2A friendly. It sucks, but it's the way it is. It's very well known that all malls are anti-2A, as well as numerous other shops and restaurants. If I don't want to be hassled, I either only OC to places I know it's not a problem, or if I know where I'm going, I call ahead to ensure the places I'll visit won't have a problem. Otherwise I'll CC and avoid the drama. Part of being a gun owner and choosing to carry is to understand all of this and make your choices based on how things are, not how we'd like them to be. Any time I OC, I understand I may be asked to leave. I'm not exactly OK with that, but I understand it and that informs my decisions on how I want to carry and where I want to go.

And to all the anti-OC folks on here, whatever. I can also say I'd rather OC and possibly deter a criminal thinking I'm an easy target than to CC and be mistaken for one of the sheep. Yeah, I know, you'll "surprise" them, but I'd rather avoid them entirely and there are times when OC allows just that (though I realize that's not universal). For my part, I espouse JFC, but be aware of the facts and responsibilities for whichever way you choose to go.

 

[nakinate]

I miss Galyans.

I still have an authentic Reggie Miller flo-jo jersey I bought at Galyan's 22 years ago. I was disappointed when it got bought out by a bunch of Dick's.

 

[Tactically Fat]

My wife and I went mattress shopping a few weekends ago. Our shopping took us first to Ashley Furniture in Greenwood - and then to The Room Place just up the road a piece.

BOTH locations are former Galyan's locations.

I mentioned to my wife that I found myself irrationally upset that they sold to Dick's. And I didn't even have a really good reason, either, other than it was a "local" company being bought out by a huge competitor.

 

[brucecrain]

Do any of them ever ask if you are the police when they see the OC gun?

I've had maybe a handfull of people ask me that before.

 

[brucecrain]

I'm assuming (please, Brucecrain, correct me if I'm wrong) the references to the 2nd are part of the "Every 2nd Matters" movement which encourages gun owners to open carry on the 2nd of each month while going about their normal, day-to-day business in order to engage people in conversations about the 2nd Amendment. Let people know that it's legal, why we carry, answer any questions or misconceptions, etc. It's been around YouTube for a while on Gunwebsites', Never Enuff Ammo's, and The Yankee Marshall's channels.

Here's the website. They are also on Facebook. Every 2nd Matters | Promoting 2nd Amendment Awareness

yes you are right thanks for clearing that up

 

[brucecrain]

I do not know if the school is still there, but if you were downtown Indy at Circle City mall, it used to have an IPS school. You could have been arrested rather than asked to leave.

That would really suck.

https://www.indystar.com/story/news...uth-academy-open-circle-centre-mall/70162140/

The mall would be a great distraction, really smart. So this would be a school zone or the rented space inside the building be consider gun free zone? IC 35-31.5-2-285
FYI was not downtown

 

[printcraft]

I do not know if the school is still there, but if you were downtown Indy at Circle City mall, it used to have an IPS school. You could have been arrested rather than asked to leave.

That would really suck.

https://www.indystar.com/story/news...uth-academy-open-circle-centre-mall/70162140/

Well if you didn’t know then you didn’t have the intent to break the law.
Therefore you won’t be charged just for being careless.




clinton/Comey 2020

 

[brucecrain]

I didn't realize anyone conscious of the 2A still shopped at Dicks at all?

They have some really good deals on ammo from time to time buy one get one 50% off ect...

 

[brucecrain]

Well if you didn’t know then you didn’t have the intent to break the law.
Therefore you won’t be charged just for being careless.




clinton/Comey 2020

IC 35-47-9-2
If they do not put any signs on the door about the school then you are not aware and even if you go in and get caught they would have to prove [FONT=&quot] intent[/FONT]

 

[Cameramonkey]

IC 35-47-9-2
If they do not put any signs on the door about the school then you are not aware and even if you go in and get caught they would have to prove [FONT=&amp] intent[/FONT]

IANAL but they dont have to prove intent. Ignorance of the law is not a defense.

I'll wait for one of the ACTUAL legal eagles here to sort it out.

And dont carry at the Childrens Museum either. School there too.

 

[brucecrain]

IANAL but they dont have to prove intent. Ignorance of the law is not a defense.

I'll wait for one of the ACTUAL legal eagles here to sort it out.

And dont carry at the Childrens Museum either. School there too.

agreeing with printcraft and who are the LEGAL Eagles here?

 

[Expat]

Always agree with Printcraft once you have been around long enough to understand the point he is making. If you are a Clinton, then ignorance of the law is a valid excuse. For everyone else, not so much.

 

[Cameramonkey]

agreeing with printcraft and who are the LEGAL Eagles here?

Printcraft was being sarcastic. Hence the reference to Clinton/Comey 2020.

 

[HoughMade]

Well if you didn’t know then you didn’t have the intent to break the law.
Therefore you won’t be charged just for being careless.




Clinton/Comey 2020

Some animals are more equal than the others.

Methinks that if you're not married to a former president, intent is not going to be construed with such razor thinness.

 

[brucecrain]

This is starting to get off topic....

 

[wtburnette]

This is starting to get off topic....

Welcome to INGO

 

[Cameramonkey]

I'll bring it back on topic.

HM, If I dont know its a 40mph zone, can I avoid the ticket entirely when I get popped for driving 50 with a defense of "Your honor, I was not aware the speed limit was that low."? (strictly legally speaking, discounting any good will of LEO or the judge)

 

[HoughMade]

I'll bring it back on topic.

HM, If I dont know its a 40mph zone, can I avoid the ticket entirely when I get popped for driving 50 with a defense of "Your honor, I was not aware the speed limit was that low."? (strictly legally speaking, discounting any good will of LEO or the judge)

It depends. Why do you not know? Is the speed limit posted according to the law or did you simply miss the sign? If you simply miss the sign, you're SOL.

Now, carrying somewhere it is not legal to do so per statute. The old saying "ignorance of the law is no excuse" actually applies. There is an element of intentionality, though. If someone drops a gun, without your knowledge, into your gym bag and you run to the post office and are caught with the gun, you have a defense because you were not intentionally carrying the gun. However, if you strap the gun on of your own volition, but just don't know its illegal to carry at the posy office, you are still intentionally carrying the gun. That what the intentionality element refers to. You do not have to be intentionally carrying it where you know it is illegal. You have to be intentionally carrying it, and you go somewhere it is illegal, but your knowledge of the illegality is irrelevant to the crime (other than with discretionary charging decisions).

 

[Fargo]

It depends. Why do you not know? Is the speed limit posted according to the law or did you simply miss the sign? If you simply miss the sign, you're SOL.

Now, carrying somewhere it is not legal to do so per statute. The old saying "ignorance of the law is no excuse" actually applies. There is an element of intentionality, though. If someone drops a gun, without your knowledge, into your gym bag and you run to the post office and are caught with the gun, you have a defense because you were not intentionally carrying the gun. However, if you strap the gun on of your own volition, but just don't know its illegal to carry at the posy office, you are still intentionally carrying the gun. That what the intentionality element refers to. You do not have to be intentionally carrying it where you know it is illegal. You have to be intentionally carrying it, and you go somewhere it is illegal, but your knowledge of the illegality is irrelevant to the crime (other than with discretionary charging decisions).

I am not sure your analysis actually applies directly to this situation as the mistake appears to be one of fact, specifically he didn't know that the mall that he was carrying in contained a school.

Relevant part of the statute is:

(c). A person who knowingly or intentionally possesses afirearm:
(1) in or on school property; or
(2) on a school bus;commits a Level 6 felony.

I do not see anything that limits the Mens Rea requirement to the carrying action versus the carry in a school action. I do believe that the state would have to prove that you knew it was a school. Additionally, I believe mistake of fact is still a viable defense while mistake of law is generally gutted.

Plus, the new sex offender caselaw indicates that the definition of school is limited to things that are actually a school or like a school. I'm not certain that the mall is still prohibited but I don't know. http://www.in.gov/judiciary/opinions/pdf/10241702mgr.pdf