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Carry in a police station
- Thread starter Tmist
- Start date
Timjoebillybob
Regular Member
Hold on, if you carry a gun or a cell phone into a police station, you could be committing a class C felony?
If you apply it to one, you have to apply it to all.
Sorry, it just doesn't pass the giggle test.
And yes, I spent about 8 weeks going to a police department once a week--even in the secured area a couple times--and they never once told us that carrying a cell phone was a felony...even when I talked on my cell phone in front of the Sgt and Lt. The only places they told us we couldn't carry were the county jail and the juvy facility
No you don't have to apply it to all, anything else except for firearms and controlled substances require them to show intent. Number 4 states carries or possesses with no mention of intent. So it is legal to have a cell phone in a jail, unless you intend to deliver it to a prisoner.
Timjoebillybob
Regular Member
If a stupid, overzealous prosecutor wanted to risk his career & waste taxpayer money by charging & trying to convict someone of "carrying into a penal facility" for merely being in a police station with a holding cell...
:banghead:
I don't see a similarity between a police station holding cell (or chair, for that matter) and 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".
Unless someone is caught after escaping custody, they're awaiting being charged, not "trial or sentence".
[/QUOTE.]
Once they are charged, they are awaiting trial aren't they? At least until they bond out or are transferred. Or if they stop someone for speeding and it turns out they have a warrant. Some places it is standard for them to be taken to the local station where they are held until they can be picked up or transferred to the county jail.
I'm not saying that it would happen, just saying that in the opinion of a well respected attorney in the gun community that it may be possible for it to.
cce1302
Regular Member
No you don't have to apply it to all, anything else except for firearms and controlled substances require them to show intent. Number 4 states carries or possesses with no mention of intent. So it is legal to have a cell phone in a jail, unless you intend to deliver it to a prisoner.
That's not the way the jails interpret it. In St Joe county, you have to go into the jail to apply for your LTCH. They don't let you past the front desk/metal detector with a cell phone, even when you're just going to the office where they take your fingerprints, not in the holding area.
My wife goes to the juv. facility all the time due to her job. Cell phones are prohibited there, the same as guns.
Perhaps your lawyer has a better explanation, because yours just isn't cutting it.
Timjoebillybob
Regular Member
That's not the way the jails interpret it. In St Joe county, you have to go into the jail to apply for your LTCH. They don't let you past the front desk/metal detector with a cell phone, even when you're just going to the office where they take your fingerprints, not in the holding area.
as guns.
Perhaps your lawyer has a better explanation, because yours just isn't cutting it.
Local prohibitions of cell phones aren't quite the same as state law. Any jurisdiction can prohibit you from carrying into a jail a can of pop or any other item. Now if you happened to make it past the metal detector with a cell phone, and didn't intend to pass it to an inmate, you would be innocent under state law. Although perhaps guilty under a local ordinance, which would be a fine. Same as if a local ordinance prohibited you carrying into a jail a can of pop.
I don't agree with the law, I'm just stating what I've been told. If you feel like being a test case, you are more than welcome to be one. I on the other hand do not have the thousands of dollars to spend, nor the willingness to spend several years in prison.
If you have both, you are more than welcome to become a test case. I have neither. And I'm guessing most of the people reading this thread don't either.
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cce1302
Regular Member
I don't agree with the law, I'm just stating what I've been told.
Man, that's the worst excuse for a defense that I've ever heard. Either you think it's true, and defend it, or you don't. We've all "been told" lots of things but that doesn't make them true.
Like I said, I've carried a handgun at least a dozen times inside a police station and never heard that state law prohibited it.
Timjoebillybob
Regular Member
Man, that's the worst excuse for a defense that I've ever heard. Either you think it's true, and defend it, or you don't. We've all "been told" lots of things but that doesn't make them true.
Like I said, I've carried a handgun at least a dozen times inside a police station and never heard that state law prohibited it.
Nope. It is against the law to carry into a k-12 school or licensed preschool. Unless your a law enforcement officer, or have permission from the head of the school. I know that to be a fact. I don't agree or defend it. Personally I think it is a load of crap. Any adult should be able to carry anywhere.
It is against the law in IN to possess a "Chinese throwing star" or an automatic opening knife, those are both laws that I don't agree with, but they are both on the books. If you don't believe me I can post the links. Just because its the law doesn't mean I agree with it.
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cce1302
Regular Member
Nope. It is against the law to carry into a k-12 school or licensed preschool. Unless your a law enforcement officer, or have permission from the head of the school. I know that to be a fact. I don't agree or defend it. Personally I think it is a load of crap. Any adult should be able to carry anywhere.
It is against the law in IN to possess a "Chinese throwing star" or an automatic opening knife, those are both laws that I don't agree with, but they are both on the books. If you don't believe me I can post the links. Just because its the law doesn't mean I agree with it.
I don't expect you to agree with it and never asked you to, just to defend your position that your interpretation is legitimate with something other than "I'm just stating what I've been told."
Don't you think that if it were illegal to carry a firearm in a police station it would state "police station" in the law, like Indiana laws state "school," "riverboat casino" and "commercial or chartered aircraft." That's the link I'd like you to post: where it says it's illegal to carry a firearm inside a police station in Indiana. And please find it in plain English, not something where to get that interpretation I have to hop on one leg, pat my stomach, rub my head, and whistle Dixie backwards.