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ammunition in court house

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#31 skinnyb82


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Posted 24 January 2017 - 12:10 PM

I see no way to tie the courtroom into the definition of a penal institution, as it applies to incarceration and custody.  Just because a prisoner is still in custody while in a courtroom doesn't designate that courtroom as a place for custody.

It's an idiotic, overbroad definition at best, but it's the law until it isn't. If there is a holding area, that area is a penal institution. It's a kind-of rolling definition for areas. Wherever there are prisoners in custody becomes a penal institution. If there is prisoner in custody in court, the courtroom becomes a penal institution. The plain English definition of "penal institution" is (in a nutshell) "place where punishment takes place" and (this is cheesy) punishment is handed out at courthouses on a minute-by-minute basis, slight exaggeration, but courthouses meet the definition when broadly applied.

FWWIW I've considered wearing my shoulder rig, sans pistol, into the courthouse, then I remembered how they went ape because the metal detector went off because I had a 4" titanium plate attached to my right ulna. Told them to wand it, they looked puzzled. Whipped out my post op x-rays, showed the deputy (yes, I actually had to proffer evidence beyond the 5" incision and sutures in my arm, as I went in there right after I had surgery. I just leave it be. There's like five deputies all hanging around on the first floor and I live in a county of about 50k so not too much action at the courthouse.

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#32 Glock23

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Posted 25 January 2017 - 01:29 PM


There are holding cells in the courthouse for prisoners who are there to attend a hearing or trial. When the enter the courtroom, they are still in custody.




"Penal institution" means any penitentiary, State farm, reformatory, prison, jail, house of correction, police detention area, half-way house or other institution or place for the incarceration or custody of persons under sentence for offenses awaiting trial or sentence for offenses, provided that where the place for incarceration or custody is housed within another public building this Article shall not apply to that part of the building unrelated to the incarceration or custody of persons. 



Agree to disagree, I suppose, but a holding cell in the same building as a court room does not make the court room itself a holding cell, place of incarceration or custody, etc.  The sentence after the one you bolded pretty much covers that, IMHO.

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#33 Tango7


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Posted 25 January 2017 - 04:24 PM

I had a similar experience when HH6 went in to pay a ticket and asked me to bring in her wallet a few years back. I could have used my badge and bypassed the line but I walked in with an empty holster then got hassled by the deputy because my holster's metal belt clip set off the magnetometer.
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