Are You Going to Jail?

GunLawyer · 10-23-2009

I've had a few requests, here's my next "legal scenario."

You're entering a local tavern when you see a large sign on the front door that says the following:

"ABSOLUTELY NO FIREARMS!!
ANYONE CARRYING A FIREARM IS EXPRESSLY DENIED ENTRY TO THESE PREMISES.
IF YOU CARRY A GUN INTO THIS BUILDING YOU ARE SUBJECT TO IMMEDIATE ARREST AND PROSECUTION."

You have your License to Carry Handgun, so you ignore the sign and enter the tavern. You have several beers at the bar.

As you stand up to go to the bathroom, your untucked shirt rides up on your hip and a waitress notices your Glock M30 .45 in your IWB holster.

She reports you to the owner.

No one says anything to you - the owner just call the cops.

A police officer arrives, waits for back-up, then enters the bar and confronts you. He takes possession of your Glock. He asks to see your LTCH.

Then he asks you if you've been drinking.

You show him your LTCH, and tell him the truth - you've had several beers.

Are you going to jail?

Lucas156 · 10-23-2009

Probably because second amendment doesn't exist in any situation with variables.

Disposable Heart · 10-23-2009

I think it depends, doesn't it?

Does the owner want to be a jerk and press for trespassing charges? Can they do that in circumstances like that?

lawrra · 10-23-2009

Disregarding the sign could be construed as trespassing. We can lawfully carry into a bar in Indiana, and drink (not always the best decision).

I'd have to say no, you would not go to jail. The individual was never given the chance to leave on his own. A short discussion with the officers and he would be on his way (after a sober driver picked him up).

jrich2125 · 10-23-2009

I would have to say yes. As it was posted on private property no firearms. If the owner called the cops he obviously is going to follow through on the charges.

INGunGuy · 10-23-2009

Since Indiana Code is silent on the carrying of a firearm into a bar room or resturant that serves alcohol, and Indiana also has no laws about signage forbidding guns, then no you would NOT be arrested. If an officer were called, and you were asked to leave and you DIDNT leave, then you could be arrested for trespass.

The only IC that I can find that deals with intoxicated persons and weapons is:

IC 35-47-4-1
Delivery of deadly weapon to intoxicated person
Sec. 1. A person who sells, barters, gives, or delivers any deadly weapon to any person at the time in a state of intoxication, knowing him to be in a state of intoxication, or to any person who is in the habit of becoming intoxicated, and knowing him to be a person who is in the habit of becoming intoxicated, commits a Class B misdemeanor.
As added by P.L.311-1983, SEC.32.

Since a person is not considered legally intoxicated in Indiana until they are a .08 BAC then the person would be in the clear. And since this deals with the delivery of a weapon to an intoxicated person, and not about a person carrying a gun while intoxicated, then again, I dont think this IC would apply.

INGunGuy

Jack Ryan · 10-23-2009

If he saw the sign, he should be.

If he claims he didn't walk past the sign and it's possible, he shouldn't be.

6birds · 10-23-2009

Two quick questions.
What is the waitress wearing?
Was I drinking with SE?

Sorry, I kid, I kid!

You may be taken in, but not processed or jailed. Bad situation either way, I'll keep an eye for the answer on this one.

newbie · 10-23-2009

In the end it would be up to the owner. IMO if you "need" to carry into said bar. Get a small ankle setup.

INGunGuy · 10-23-2009

Quote:

Originally Posted by Jack Ryan

If he saw the sign, he should be.

If he claims he didn't walk past the sign and it's possible, he shouldn't be.

Jack,

Why should a person be jailed for seeing or not seeing a sign forbidding firearms since there is no Indiana Code expressly forbidding the carrying in a bar room or resturant that serves alcohol. Should a person be arrested for attempted DWI just because they are in a bar and have the ability to drive DWI?

INGunGuy

10-23-2009	#1 (permalink)
GunLawyer Marksman Join Date: Aug 2009 Location: Zionsville, IN Posts: 500	Are You Going to Jail? I've had a few requests, here's my next "legal scenario." You're entering a local tavern when you see a large sign on the front door that says the following: "ABSOLUTELY NO FIREARMS!! ANYONE CARRYING A FIREARM IS EXPRESSLY DENIED ENTRY TO THESE PREMISES. IF YOU CARRY A GUN INTO THIS BUILDING YOU ARE SUBJECT TO IMMEDIATE ARREST AND PROSECUTION." You have your License to Carry Handgun, so you ignore the sign and enter the tavern. You have several beers at the bar. As you stand up to go to the bathroom, your untucked shirt rides up on your hip and a waitress notices your Glock M30 .45 in your IWB holster. She reports you to the owner. No one says anything to you - the owner just call the cops. A police officer arrives, waits for back-up, then enters the bar and confronts you. He takes possession of your Glock. He asks to see your LTCH. Then he asks you if you've been drinking. You show him your LTCH, and tell him the truth - you've had several beers. Are you going to jail? __________________ Tactical Firearms Training, LLC. Go Tactical. Stay Legal.

10-23-2009	#2 (permalink)
Lucas156 2A enthusiast Join Date: Mar 2009 Location: Martinsville Posts: 1,043	Probably because second amendment doesn't exist in any situation with variables. __________________ Debt is normal be weird!!! www.daveramsey.com The man who would choose security over freedom deserves neither-Thomas Jefferson

10-23-2009	#3 (permalink)
Disposable Heart Only Dopes Do Dope! Join Date: Apr 2008 Location: Occupied Protectorate of Avon Posts: 2,452	I think it depends, doesn't it? Does the owner want to be a jerk and press for trespassing charges? Can they do that in circumstances like that? __________________ Humans are so disgusting. I opened one up once, swore I was going to throw up!

10-23-2009	#6 (permalink)
INGunGuy Marksman Join Date: Dec 2008 Location: Jeffersonville, Indiana Posts: 440	Since Indiana Code is silent on the carrying of a firearm into a bar room or resturant that serves alcohol, and Indiana also has no laws about signage forbidding guns, then no you would NOT be arrested. If an officer were called, and you were asked to leave and you DIDNT leave, then you could be arrested for trespass. The only IC that I can find that deals with intoxicated persons and weapons is: IC 35-47-4-1 Delivery of deadly weapon to intoxicated person Sec. 1. A person who sells, barters, gives, or delivers any deadly weapon to any person at the time in a state of intoxication, knowing him to be in a state of intoxication, or to any person who is in the habit of becoming intoxicated, and knowing him to be a person who is in the habit of becoming intoxicated, commits a Class B misdemeanor. As added by P.L.311-1983, SEC.32. Since a person is not considered legally intoxicated in Indiana until they are a .08 BAC then the person would be in the clear. And since this deals with the delivery of a weapon to an intoxicated person, and not about a person carrying a gun while intoxicated, then again, I dont think this IC would apply. INGunGuy __________________ Governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government.

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10-23-2009	#4 (permalink)
lawrra Pwnin' noobs around the world Join Date: Mar 2009 Location: Huntington Posts: 1,322	Disregarding the sign could be construed as trespassing. We can lawfully carry into a bar in Indiana, and drink (not always the best decision). I'd have to say no, you would not go to jail. The individual was never given the chance to leave on his own. A short discussion with the officers and he would be on his way (after a sober driver picked him up).

10-23-2009	#5 (permalink)
jrich2125 Plinker Join Date: Dec 2008 Posts: 51	I would have to say yes. As it was posted on private property no firearms. If the owner called the cops he obviously is going to follow through on the charges.

10-23-2009	#7 (permalink)
Jack Ryan Master Join Date: Nov 2008 Location: Lawrence county Posts: 3,034	If he saw the sign, he should be. If he claims he didn't walk past the sign and it's possible, he shouldn't be.

10-23-2009	#8 (permalink)
6birds Sharpshooter Join Date: Jul 2008 Location: Fishers Posts: 908	Two quick questions. What is the waitress wearing? Was I drinking with SE? Sorry, I kid, I kid! You may be taken in, but not processed or jailed. Bad situation either way, I'll keep an eye for the answer on this one.

10-23-2009	#9 (permalink)
newbie Plinker Join Date: Mar 2009 Posts: 72	In the end it would be up to the owner. IMO if you "need" to carry into said bar. Get a small ankle setup.

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