Illegal to carry in fireworks store?

[Magneto]

I went to the Phantom Fireworks in Clarksville next to Walmart and there was a sign that said it was illegal to carry a gun inside and had the word "ordinance" on the sign as well. I turned around and left. I went to a tent set up at the Meijer on Charlestown Rd and only saw a "No Smoking" sign, did my business and left a happy shopper. I haven't bought fireworks in many years and I wonder if it's a state, local, or as I figure no such ordinance at all, just a sign full of .

 

[Bill of Rights]

I went to the Phantom Fireworks in Clarksville next to Walmart and there was a sign that said it was illegal to carry a gun inside and had the word "ordinance" on the sign as well. I turned around and left. I went to a tent set up at the Meijer on Charlestown Rd and only saw a "No Smoking" sign, did my business and left a happy shopper. I haven't bought fireworks in many years and I wonder if it's a state, local, or as I figure no such ordinance at all, just a sign full of .

All ordinances are null and void with the preemption law. IC 35-47-11.1-3

IC 35-47-11.1-3 Voidance of political subdivision ordinances, measures, enactments,
rules, policies, and exercises of proprietary authority
Sec. 3. Any provision of an ordinance, measure, enactment, rule,
or policy or exercise of proprietary authority of a political
subdivision or of an employee or agent of a political subdivision
acting in an official capacity:
(1) enacted or undertaken before, on, or after June 30, 2011; and
(2) that pertains to or affects the matters listed in section 2 of
this chapter;
is void.
As added by P.L.152-2011, SEC.4.

They may still have it on the books, but it is unenforceable.

Blessings,
Bill

 

[jwh20]

Unless there is an Indiana statute on this topic, and I don't think there is, it's simply a sign. A "no guns allowed" sign does not carry the weight of law in Indiana, so you can freely carry there without breaking any laws. But on private property, they can set their own rules as far as what is permitted including firearms. So if you carry and they see it they can ask you to leave. If you leave there is no problem. If you don't then you may be guilty of tresspass which is a crime in Indiana.

CC is always good in cases like this but I prefer to avoid such establishments in the first place.

 

[Kirk Freeman]

Photo of sign?

 

[Magneto]

Photo of sign?

Yea, I dropped the ball on that one. I didn't think about it until I was on my way down the road.

 

[jon5212]

IMPD didn't have an issue yesterday as I was OC in a store on the west side with several officers inside.

 

[Jeepster48439]

They are headquartered out of Ohio. Could that be the source of their misguided signage?

 

[DRob]

They'll probably be gone by Monday afternoon anyway.

 

[LP1]

Was the store on federal property, or was there a court or school in the same building?

(For those of you who are sarcasm-challenged, this is a sarcastic, rhetorical question.)

 

[Bennettjh]

...as I figure no such ordinance at all, just a sign full of .

IANAL, but this would be my guess.

I like your sig line. One of my favorite movies.

 

[CTS]

It's not illegal at all, but they do have the right to enforce their own policy by asking you to leave. Of all of the places that ban firearms, I think they're one of the few that might actually have some legitimate concern that an ND or even a legitimate use of force could have some extremely serious consequences given that the building has oh say...about a thousand pounds of gun powder sitting on the shelves. Yes the chance of an errant round sparking an ignition isn't too likely...it's a better case than most other businesses have. They also ban lighters and matches. The one I went to yesterday also had two armed security guards.

 

[TheSpark]

IANAL.

Any ordinance on where you can and can not carry a gun in Indiana is null and void. Firework stores are not a legal gun free zone so you are perfectly okay to carry there. In a nutshell no city or local government can make any gun laws/ordinances stricter than the state laws.

Further, all no gun signs in Indiana, no matter the wording, are legally unenforceable unless that place is already a legal gun free zone (school, court house, jail, etc) in which case there doesn't even need to be a sign for it to be illegal to carry there.

 

[HoughMade]

IANAL...

Further, all no gun signs in Indiana, no matter the wording, are legally unenforceable unless that place is already a legal gun free zone (school, court house, jail, etc) in which case there doesn't even need to be a sign for it to be illegal to carry there.

What a sign does, legally, in Indiana is by no means clear. Conceivably, when posted by a private entity as to their premises, a sign can identify that not ​carrying a gun is a condition to have permission to be there, making one who breaks the rule a trespasser. I say "conceivably" because this would be a fact sensitive analysis with several factors having to do with what the sign says, how conspicuous it is, whether it was actually seen, etc.

 

[TheSpark]

What a sign does, legally, in Indiana is by no means clear. Conceivably, when posted by a private entity as to their premises, a sign can identify that not ​carrying a gun is a condition to have permission to be there, making one who breaks the rule a trespasser. I say "conceivably" because this would be a fact sensitive analysis with several factors having to do with what the sign says, how conspicuous it is, whether it was actually seen, etc.

Until there is caselaw on this I am confident that all no guns signs, regardless of wording, location, etc, have no legal repercussions when you ignore them (In Indiana). I am aware others think differently and I'm here to say they are wrong . Then again, IANAL as I said earlier so take that with the grain of salt it is if you like.

The law people use to say they could potentially have some legal repercussions is destroyed by the fact that the law only relates to the person. It does not address objects or allow them to be addressed. Same reason ignoring a "no shirt, no shoes, no service" sign is really no more than a "we'll kick you out if we catch you without shirt/shoes" notice. The only exception really is no hunting signs which there is Indiana law that specifically makes those enforceable.

Of course, when being asked to leave a place you must do so or possibly face trespassing charge.