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Is Parking lot considered part of a municipal buildings in your state?

Discussion in 'Legal' started by AlbertH, Mar 12, 2013.

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  1. AlbertH

    AlbertH member

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    My wife and I are taking a road trip which will include stops in Ohio, Kentucky, Tennessee, Georgia, South Carolina, and possibly North Carolina. Seeing as it is a research trip on retirement locations, we will be needing to stop at municipal buildings to procure information on the area. in many instances my research has been inconclusive on this matter, thus the question.

    In most states it is unlawful to carry a weapon a municipal building itself therefore is it legal to have the weapon in the parking lot and to store it in your locked vehicle while on business?


    What about the parking lots of parks, etc.

    In Michigan the parking lot is not considered part of a municipal building so it is legal to store your weapon in your locked vehicle while on business there.

    Al
     
  2. rtroha

    rtroha Member

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    In Ohio, government owned parking lots are all legal, just the buildings themselves are off-limits.

    All parks in Ohio, no matter if city, metro or state, are all legal.
     
  3. AlbertH

    AlbertH member

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    Is the parking lot legal in your state

    So far Michigan and Ohio are on the list.

    Come on handgun owners, If your a responsible gun owner you should know the answer so help create a list
     
  4. kyhunter

    kyhunter Member

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    negative for ky. If its in your car your safe according to krs 237.106.
     
  5. bikerdoc

    bikerdoc Moderator Staff Member

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    Parking lots OK in Virginia.
     
  6. MedWheeler

    MedWheeler Member

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    Florida does not prohibit carry within a municipal building, but does in the portion of any municipal building or any other facility if a meeting of any legislative body (such as a town/city council, county commission, or school board) is actively taking place, or if the facility is being used as a polling location in any election at the time.

    There are no prohibitions at the state level on possession of a firearm in the parking lot of a municipal facility (unless it is a school campus), and the state holds preemption over localities, so there can be no local ordinances against it, either.
     
    Last edited: Mar 13, 2013
  7. C0untZer0

    C0untZer0 Member

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    Illinois has a total ban which was ruled unconstitutional, but the laws that are being proposed would make it illegal to have firearms in the parking lot, parking garage or "area adjacent to or near a local government building"

    Very vague wording intentionally crafted to snare unsuspecting gun owners and create a legal nightmare for them.
     
  8. AlbertH

    AlbertH member

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    Is the parking lot also off limits for weapons?

    This is the main reason for the thread. Trying to understand some of the state laws concerning this issue will make your head spin especially for an out of state visitor. The general rule of thumb seems to be that weapons are illegal in most municipal buildings, trouble is I am having a tough time with what to do with my handgun when I need to access those places.

    Parks are a whole different nightmare.

    Al
     
  9. BSA1

    BSA1 Member

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    It is not only State law you have to comply with but also local laws.

    The first thing I would look for is where signage prohibiting firearms are posted. If it is posted at the entrance of a parking lot DON'T park there. Park elsewhere and walk.

    Second when in doubt park elsewhere such as on the street and walk.

    Third secure your gun in the locked box you have in the trunk of your car BEFORE you park in the lot (Closed Circuit cameras are very common and are everywhere) and then lock the trunk AND your car.

    Did I mention parking on the street and walking?

    Fourth do NOT CONSENT to a search of your vehicle under ANY circumstances. (See #3. Smile, you're on Candied Camera).
     
  10. janedoedad

    janedoedad Member

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    http://www.georgiapacking.org/law.php

    Relevant information is about halfway down the page. Basically, if you are a licensed carrier, you are good to go in municipal and local government parking lots. This does not extend to federal (USPS, etc.) lots.

    Carrying into a government building is forbidden. Of course, we are still working on the definition of 'government building' :)

    Georgia has pre-emption, local laws and ordinances are meaningless. :neener:

    Signs carry no legal weight, but if you are asked to leave a business or property, comply immediately or you may face arrest/prosecution for criminal trespassing.

    If you are stopped by LE (traffic violation, etc) there is no requirement to inform the LEO that you are armed or have a firearm in the vehicle. Most cops really don't care if you have a firearm. Others may treat you like the offspring of Ma Barker and Hannibal Lecter.
     
    Last edited: Mar 13, 2013
  11. baz

    baz Member

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    I think the answer should be "no" for Arkansas. Parking areas are not explicitly mentioned in the the list of prohibited places. The list generally focuses on "facilities" and the like that you would "enter." One notable case is an AG opinion that the prohibition to carry to college events or in college buildings did not include the parking areas (and other grounds).
     
  12. AlbertH

    AlbertH member

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    Which state?

    Which state are you talking about?
     
  13. BSA1

    BSA1 Member

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    All of them.

    Consider this;

    The O.P. plans on visiting multiple states and multiple cities with a firearm(s).

    Each state has different laws about possession of a firearm on government property.

    Each municipality has it's own laws regarding possession of a firearm on property that it owns.

    Some of the states may have preemption laws over localities. Some may not.

    In the States that do have preemption laws over municipalities it doesn't mean that particular community either doesn't believe the states preemption laws are constitutional or they apply to them.

    The only sure way for the O.P. to know what the law is in the particular communities he is visiting is to contact the chief legal officer in that community. Time consuming at best and doesn't help if they visit a community they had not planned on.

    Finally the O.P.'s source for legal advice is Internet Forums.

    Regardless why risk being a test case if parking off of government owned parking lot is available? My advice is bring a lot of quarters to feed the meters as it is a whole lot cheaper than any legal difficulties you may encounter.
     
  14. crestoncowboy

    crestoncowboy Member

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    U r ok in nc. As long as its in car. If you don't have a permit it must be in plain site.
     
  15. -Xero-

    -Xero- member

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    In Oregon your vehicle is considered a "domicile" -- particularly if you're camping out of it or on a road trip. There are state laws about having a loaded firearm in a vehicle (basically, the state requests a CCW, but there are exceptions for hunters/anglers).

    The rule of thumb nationally would be "unloaded and locked in the trunk or otherwise secured." Trucks lacking a trunk should have firearms secured in a locked case NOT the glove box or center console. And you don't store ammo or loaded magazines in the same locked container as the firearm.

    Of course some states and municipalities don't recognize the Bill of Rights, notably Washington DC, New York, Massachusetts, Chicago, California. So much for "shall not be infringed."

    -------------------------------------

    NRA site here is pretty authoritative and comprehensive:

    http://www.nraila.org/gun-laws/articles/2010/guide-to-the-interstate-transportation.aspx
     
  16. rtroha

    rtroha Member

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    Don't include Ohio in your analysis. Two years ago, the Ohio Supreme Court said preemption is constitutional. Ohio's preemption law allows recovery of legal fees if any city is silly enough to try to enforce any of their void local laws. I am not aware of a single instance of any city attempting to do so since that decision.
     
    Last edited: Mar 14, 2013
  17. AlbertH

    AlbertH member

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    This is the main reason for the question I have raised. Trying to sort through each states laws concerning parking facilities, parks, etc. will make your head spin and in some instances sites have contradicted each other. Every site will tell you to contact the states attorney general for an answer. Some states have a State Police/Trooper Q & A that helps on occasion. Unfortunately there is no uniformity from one state to another.

    Maybe I should have asked the question whether the responsible gun owners here actually know the pertinent handgun laws for their own states
     
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