FedEx Terre Haute, IN


CathyInBlue

Tool Maker
I'd bought a set of speakers for a home theatre project. The seller sent me the wrong model, issued an RMA, and e-mailed me the return shipping label. I packaged it all back up and went to drop it off at the FedEx place WAY the frak outside of town. As I'm approaching with the package on my hand truck, I notice the sign right by the front door, "No Smoking / No Weapons".

I went back to my truck, put my sidearm in the glovebox, which can't itself be locked, and locked the truck up. If I were looking to ship something myself and not just dropping off a package whose shipping was paid for by someone else, I'd have gone down the road to the UPS store. After I dropped the box where they wanted it, I wanted to talk to someone about the "No Weapons" sign, but everyone disappeared into the back, so I just pulled out one of the <gun buster> = <dollar buster> cards I printed from IAT and put it on the counter in front of the keyboard and left to toss my hand truck back into my bed after retrieving my sidearm and putting it back in my holster where it belonged.
 

There are many independent shipping stores around. No one says you have to go to a FedEx store to ship FedEx. :)

Link Removed

And UPS Stores are franchises anyway. Most of them ship whatever way you want.
 
No Weapons...me no enter. I will go drop my packages off at a less fearful / paranoid establishment.
 
Good day Kevin, I also am a life member of the NRA. We need to have people like you, me and all the other`s out there that like the way we think, get together to help ourselves since we see it the same. At least I beleive you see things as I do. 56 yrs. old. I`m not slamming the gov., haha. Mail me any time. I`m disabled still trying to take care of the farm. I usually have a phone on me. Just like the 3 weapon`s I carry on the farm. We need more of us getting together so we can be part of the new/old government. Please mail me if you want to talk or share idea`s, etc. Michael E Modlin. I`m known as Grizzly, Griz. Watch your topnot and keep your powder dry. Semper Fi Brother. 319-283-3127. Any time before 6:30 pm central time.
 
The good thing is that the sign or sticker means nothing to the state of Indiana! So if you carry in there, they cannot have you arrested(well.... :) ) but they find out you have a weapon then they will tell you to stay out, once you have been told, then you come under the tresspassing law.... Not all states are like this, and some states its a crime to carry when it says no ...
But always check here for any updates to the laws, since things do change a lot. I carry everwhere! If they don't like it, then I leave and never go back....
 
OZZ:
Not true. If there's a notice at the main entrance in a place likely to be noticed by the public and it excludes you, then just entering is a violation of Indiana's trespass statute.
 
OZZ:
Not true. If there's a notice at the main entrance in a place likely to be noticed by the public and it excludes you, then just entering is a violation of Indiana's trespass statute.

Cathy. I could be wrong here, but I think you are misinterpreting a law that was written to allow certain municipal owned/controlled properties/areas to prohibit firearms - local courts, vacant properties etc. - not typical private properties. I think the key terms are by a court order: So if Lowe's decides to prohibit firearms it is not trespassing if you walk in with one UNLESS one of the following:

1) They see it and ask you to leave....AND you do not, -OR-
2) Lowe's somehow manages to get a court order to deny your rights. Unlikely.

Here is the section of the law we are discussing.....

IC 35-43-2-2
Criminal trespass; denial of entry; permission to enter; exceptions
Sec. 2. (a) A person who:
(8) knowingly or intentionally enters the property of another person after being denied entry by a court order that has been issued to the person or issued to the general public by conspicuous posting on or around the premises in areas where a person can observe the order when the property:
(A) has been designated by a municipality or county enforcement authority to be a vacant property or an abandoned property;


I think this allowed certain lower courts to prohibit firearms where they would normally be allowed. Don't quote me on this, but I think the test case was in Boone County according to Bryan Ciyou's Indiana Handgun laws:


  • It is not generally permissible to carry a firearm on the premises. Judges at facility may issue court orders which can forbid the carry of firearms. In places where an order is not in place, and which metal detection devices are not present, you may carry. (You would have to call each facility to find out for sure)
 
Do “No Gun Signs” Have the Force of Law?
“NO”
“Handgunlaw.us highly recommends that you not enter a place that is posted "No Firearms" no matter what the state laws read/mean on signage. We recommend you print out the No Guns = No Money Cards and give one to the owner of the establishment that has the signage." As responsible gun owners and upholders of the 2nd Amendment we should also honor the rights of property owners to control their own property even if we disagree with them.”
“No Firearm” signs in Indiana have no force of law unless they are posted on property that is specifically mentioned in State Law as being off limits to those with a Permit/License to Carry. If you are in a place not specifically mentioned in the law that is posted and they ask you to leave, you must leave. If you refuse to leave then you are breaking the law and can be charged. Even if the property is not posted and you are asked to leave you must leave. Always be aware of the possibility that responding Police Officers who may have been called without your knowledge and may not know the laws on trespass etc. could arrest you even if you are within the law.
From "Indiana Firearm Law Reference Manual 3rd Edition" by Bryan Lee Ciyou, Esq. (Used with Permission)
Retail Establishments With "No Handguns Allowed" Posted at Entry: As a possessor with a real property interest, a retailer, has the right to limit, and qualify the right to enter the property, subject to not carrying a handgun. It would be improper to enter, and the Licensee would be subject to ejection for possession of a handgun thereat. Failure to leave once requested, would subject the Licensee to arrest for criminal trespass.
Parking Lot Storage Law
IC 34-28-7 Possession of Firearms and Ammunition in Locked Vehicles
Sec. 1. This chapter applies only to possession of a firearm or ammunition by an individual who may possess the firearm or ammunition legally. This chapter does not apply to the possession of a firearm, ammunition, or other device for which an individual must possess a valid federal firearms license issued under 18 U.S.C. 923 to possess the firearm, ammunition, or other device.
Sec. 2. (a) Notwithstanding any other law and except as provided in subsection (b), a person may not adopt or enforce an ordinance, a resolution, a policy, or a rule that:
(1) prohibits; or
(2) has the effect of prohibiting;
an employee of the person, including a contract employee, from possessing a firearm or ammunition that is locked in the trunk of the employee's vehicle, kept in the glove compartment of the employee's locked vehicle, or stored out of plain sight in the employee's locked vehicle.
(b) Subsection (a) does not prohibit the adoption or enforcement of an ordinance, a resolution, a policy, or a rule that prohibits or has the effect of prohibiting an employee of the person, including a contract employee, from possessing a firearm or ammunition:
(1) in or on school property, in or on property that is being used by a school for a school function, or on a school bus in violation of IC 20-33-8-16 or IC 35-47-9-2;
(2) on the property of:
(A) a child caring institution;
(B) an emergency shelter care child caring institution;
(C) a private secure facil
 
@ bwegner:
You definitely found the right citation of the Indiana Code, unfortunately, you didn't quote the right parts...

IC 35-43-2-2
Criminal trespass; denial of entry; permission to enter; exceptions
Sec. 2. (a) A person who:
(1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent;
(2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person's agent;
[...]
(b) A person has been denied entry under subdivision (a)(1) of this section when the person has been denied entry by means of:
(1) personal communication, oral or written;
(2) posting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public; or
(3) a hearing authority or court order under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36.
[...]
(f) Subsections (a), (b), and (e) do not apply to the following:
[...]

I read the bolded parts to indicate that a conspicuous "NO FIREARMS", "NO WEAPONS", or gun-buster sign at the main entrance means anyone ignoring it and entering the property anyway is committing criminal trespass in the state of Indiana.

There is nothing in subsection (f) about the 2nd Amendment to the US Constitution; Art. 1, Sec. 32 of the Indiana Constitution; or lawful carry of arms in any fashion. In fact, it seems predominantly about railroad property.
 
Here's the irony. You cannot ship guns via the US Postal Service unless you have an FFL. You are required to ship overnight via FedEx or UPS. I walked into FedEx in Salt Lake City to ship a PM-9 back to Kahr for maintennance. I was carrying concealed and declared to the clerk that I was shipping a handgun back to the factory. She had me fill out a pre-printed FedEx form stating the gun was unloaded and in a safe condition. As I was leaving the building I noticed a No Weapons sign with a picture of a handgun in the international NO symbol. It was on the interior wall, above the door. No one would ever see it until they were leaving.
 
Under Indiana law, that gun buster on the inside would not meet the definition of "likely to be noticed" and so, would not apply the trespass statute to any such visit. The sign I was confronted with was on the outside. Anyone walking up the access ramp would be confronted by it.
 

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