Jails

Discussion in 'Places Off-Limits' started by Malum Prohibitum, Aug 9, 2006.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I decided after jrm posted to make this a separate topic.

    My post:

    "Note the post from the guy in Michigan, claiming they can even carry in jails. Is that true?"

    jrm's post:

    When I reviewed places off limits with a CCW, based on PDO's information only, the following states did not appear to have a specific prohibition against carrying in jails:

    AK, AL, CA, CO, CT, DE, IA, ME, MD, MI, MN, NH, NM, NJ, NY, OR, PA, RI, SD, TN, WV.


    Wow. That was unexpected. I had no idea so many places failed to put jails specifically off limits. When we put together the "Colorado" bill proposal, I just assumed that jails are one of those places that everybody has off limits. I should have known better, given that I knew for a fact Alabama does not have a statute making carry in a jail a crime. In addition, having used the Colorado statute as a model, I should have noticed jails were not on the list, but I guess it does not matter, since jails in Colorado can simply put up full time electronic security and check in the guns.

    So, how does this work, exactly?

    I guess you can carry a gun into anywhere that is not locked up?

    Food for fodder on whether this should be off limits.

    Of course, our modified Co. proposal still permits carry even in buildings with electronic security unless it is one of a few listed (if you have a license).

    Hmmmm . . . .

    AK, AL, CA, CO, CT, DE, IA, ME, MD, MI, MN, NH, NM, NJ, NY, OR, PA, RI, SD, TN, WV.
     
  2. Gunstar1

    Gunstar1 Administrator

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    Remeber that it is against 2 laws in GA currently
    16-11-127(b) and is a misdemeanor (probably loose license for 5 years)

    42-4-13(d)
    It's a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years. (loose guns forever)
     

  3. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Off Limits

    Speaking of what the law SHOULD BE, rather than what it is:

    There should be no state law banning law-abiding adult citizens from bringing guns to government property generally or schools or jails or courthouses in particular.

    There should be a law that criminalizes inmates having guns, or storing or carrying a weapon in such a manner that a jail inmate is likely to have access to it in a working condition.

    Jails (and airports, and courthouses, and maybe even schools) should be allowed to ban weapons from certain parts of their facility, the "secure" areas past the fences, past the metal detectors, and past the security checkpoints. It should be a crime to even attempt to bring a weapon through such a checkpoint without either authorization or a prior declaration by the individual that he has a weapon. i.e.: "Hey, is it okay if I carry my pistol through this checkpoint? I have a gun carry permit."

    The managers and administrators of other government facilities may be authorized to post rules of conduct that are both reasonable and necessary for the safe and effective operation of their facilities, but the violation of such a rule will not be a CRIME. It can only result in a warning, or a scolding, or a demand that you cease and desist or leave the property. In this respect, carrying a gun in a "gun free zone" that is not a secure, sterile area (let's say the information window in the lobby of the jail, just inside the unguarded front door) would get the same sanction as violating a rule against skateboarding, chewing gum, playing loud music, or bringing your dog into the place. They'll tell you to leave.

    And every place that is a gun-free zone, either by way of an actual state law (with criminal penalties) or by way of a rule or code of conduct (such as your employer or the manager of some government facility may implement) must provide for you a secure storage locker for your firearm so that you can retrieve it upon finishing your visit to that gun-free facility.
     
  4. ICP_Juggalo

    ICP_Juggalo Active Member

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    Good point Gunsmoker.

    Speaking of O.C.G.A. 42-4-13. I believe that statute is sufficient enough to keep weapons out reach of inmates, but it could use some improvements.

    The establishment of "Guard Lines" in the statute should ONLY encompass areas of the jail or prison that inmates commonly are in and not the entire property or visitor parking area as with the case with some jails. I believe that the penalty for bringing a weapon within the guard line should only be a misdemeanor offense at best, unless ofcourse you actually try to give the weapon to an inmate then it should be a felony. However I also think there should also be an "affirmative defense" clause added to the statute as well for when you come up on the guard line with a weapon or accidently carry a weapon within the guard line.