Prison grounds?

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pt145ss
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Re: Prison grounds?

#61

Post by pt145ss »

Starvin wrote:An immediate supervisor would be contacted and a decision would be made thereafter. Each situation is different, think "totality of the circumstances".
I sympathize with the position you are in. I personally believe that declaring the firearm and locking it away while on prison grounds is a small concession on the part of the CHL holder or someone carrying under UCW authority.

However, the fact remains that TPC does not make it an offense to carry in the parking lot of a prison except on days of executions (and really that is only if the parking lot is within 1000 feet of the execution building). Also, the administrative rules do not make it an offense to carry in the parking lot of the prison. So when you say that the immediate supervisor will be called to make a decision…what decision are they making? An arrest in this situation is most likely a civil rights violation as no law has been broken. I’m not sure that entry to the parking lot can NOT be denied solely based on the fact that there is a firearm present (as law allows CHL holders to carry in the parking lot). My last point would be that at the point where the CO asks the visitor to secure the weapon, the visitor, is then failing to conceal the firearm (this is not the same as a LEO disarming you for their safety), failure to conceal is an offense under TPC. I believe that a LEO (or in the case a CO) can not order anyone to do something that is in clear violation of the law (I know this is a bit of a stretch but I put it out there anyway).
Last edited by pt145ss on Fri Jan 11, 2008 10:22 am, edited 1 time in total.
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Dragonfighter
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Re: Prison grounds?

#62

Post by Dragonfighter »

Starvin wrote: It is a difficult and thankless job, but a necessary one that I enjoy doing. I have saved a few lives while endangering mine, yet you never hear about it.
Thank you.
I Thess 5:21
Disclaimer: IANAL, IANYL, IDNPOOTV, IDNSIAHIE and IANROFL
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