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Thread: OC in Courthouse?

  1. #1
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    I live in South Dakota. I Know that I cannot CC in a courthouse. However, is OC legal?

    If not, are there any alternative weapons that I could legally carry?

    Thanks.

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    No carry on Federal property, and no carry in court houses.
    I believe All court houses ban all weapons.

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    "My" state allows carry in Federal Buildings, but not courthouses.
    You're right, though. I found the law - exceptions are Judges, LE, etc.
    No "dangerous" weapon.. Maybe pepper spray or taser would be allowed then?

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    jrbrown1991 wrote:
    "My" state allows carry in Federal Buildings, but not courthouses.
    You're right, though. I found the law - exceptions are Judges, LE, etc.
    No "dangerous" weapon.. Maybe pepper spray or taser would be allowed then?
    Umm Federal Buildings are covered under Federal Law... "Your" state can't override a federal ban in a federal building...

    Each state has it's own restrictions on court houses police departments state buildings etc...

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    Well, then. Last time I call my local sheriff's office.

    This is the second mistake they made - they told me I can carry in federal buildings, if no signs were posted.

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    By the way, is a "federal credit union" under that same rule?

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    jaredbelch wrote:
    jrbrown1991 wrote:
    "My" state allows carry in Federal Buildings, but not courthouses.
    You're right, though. I found the law - exceptions are Judges, LE, etc.
    No "dangerous" weapon.. Maybe pepper spray or taser would be allowed then?
    Umm Federal Buildings are covered under Federal Law... "Your" state can't override a federal ban in a federal building...

    Each state has it's own restrictions on court houses police departments state buildings etc...
    South Dakota State Code: Looks like you can't take any dangerous weapon into a county courthouse...

    22-14-23. Possession in county courthouse--Misdemeanor.
    Except as provided in § 22-14-24, any person who knowingly possesses or causes to be present any firearm or other dangerous weapon, in any county courthouse, or attempts to do so, is guilty of a Class 1 misdemeanor.
    Source: SL 1993, ch 173, § 2; SL 2005, ch 120, § 262.
    22-14-24. Exceptions to penalty for possession in a county courthouse.
    The provisions of § 22-14-23 do not apply to:
    (1) The lawful performance of official duties by an officer, agent, or employee of the United States, the state, political subdivision thereof, or a municipality, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law or an officer of the court;
    (2) Possession by a judge or magistrate;
    (3) The possession of a firearm or other dangerous weapon by a federal or state official or member of the armed services if such possession is authorized by law; or
    (4) The lawful carrying of firearms, or other dangerous weapons in a county courthouse incident to hunting, or gun safety course or to other lawful purposes. Source: SL 1993, ch 173, § 3.

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    Posted: Mon Jul 28th, 2008 01:03 pm
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    You're right, though. I found the law - exceptions are Judges, LE, etc.
    No "dangerous" weapon.. Maybe pepper spray or taser would be allowed then?


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    jrbrown1991 wrote:
    By the way, is a "federal credit union" under that same rule?
    Nope not unless they are owned by the federal government... It's usually a private company using the word federal in their name... But it doesn't hurt to call and ask who owns them (or look it up online).

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    Thank you

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    I think,(In michigan) you can carry into the court house, but not into the court rooms. May be wrong tho!
    The only terrorists I see nowadays are at the Capital.


    The statements made in this post do not necessarily reflect the views of OCDO or its members.

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    Tucker6900 wrote:
    I think,(In michigan) you can carry into the court house, but not into the court rooms. May be wrong tho!
    Per MCRGO FAQ's:

    Is MCRGO going to work on getting the portion of the Michigan law removed which says you cannot carry in a county courthouse?

    A:
    Courthouses are a little complicated. Our system of government is built upon three separate but equal branches of government the executive (governor), legislative and judicial (courts). One branch of government cannot control what the other branch does.

    The legislature passed a law that states that a person cannot possess a firearm in certain places including courts, banks, hospitals, etc. (MCL 750.234d). However, that law exempts CPL holders, police officers, and security guards from its provisions.

    But, the Michigan Supreme Court controls the courts. The Supreme Court has issued an administrative order requiring all local courts to have a court security plan. That court security plan must specify what items are forbidden and who is exempt from the plan. That is, a court security plan could exempt all police officers or only state police etc. It could forbid pistols or it could forbid pistols, knives, nail files etc.

    In any event, the security plan must be in writing. You can inspect the security plan in the courthouse. All the court security plans that I know of forbid pistols. A violation of the court security plan is not a crime. It is a violation of a court order and punishable as contempt of court.

    Of course, there are often other offices in the same building as a court. For example, a county building can contain the court, the clerk, treasurer, etc. While the Supreme Court can make rules for the courts, it cannot make rules for the county offices.

    The Supreme Court recognizes that “multi-use buildings create special problems”. “Courts should make all reasonable efforts to reach agreements with all entities sharing a building. If the court cannot agree with other tenants and the funding unit, the court needs to clearly define and secure its space.”

    Therefore, the answer is that if a county government is using the courts as an excuse to forbid concealed carry in the entire county building. It is wrong. You should go to your county commissioner and complain.



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    In Kentucky you can carry into a courthouse as long as it isn't in the courtroom or area dedicated specifically to the court. For example, if the DMV is in the same building you are legally allowed to carry into the building.

    KRS 237.110
    (16) Except as provided in KRS 527.020, no license issued pursuant to this section shall authorize any person to carry a concealed firearm into:
    ...
    (c) Any courthouse, solely occupied by the Court of Justice courtroom, or court proceeding;
    Edit- I know it is referring to concealed carry but the same general rule applies to OC from what I understand.

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