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Thread: Attack on open carry defeated in Indiana!

  1. #1
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    http://www.wndu.com/localnews/headlines/26268389.html

    Weapons ban ordinance shot down in Mishawaka

    Video report at link

    Posted: 11:26 PM Aug 4, 2008
    Last Updated: 8:05 AM Aug 5, 2008
    Reporter: Erin Logan
    Email Address: erin.logan@wndu.com

    33 comments

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    Weapons ban ordinance shot down in Mishawaka



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    A | A | A Passion about protecting fellow citizens swayed Mishawaka City Council to vote 5-4 against a weapons ban ordinance.

    The ban was actually proposed by Mishawaka Mayor Jeff Rea and City Attorney Cory Hamel.

    It would've prohibited all weapons from four buildings frequented by the public: Mishawaka City Hall, the police station, the Battel Center, and Mishawaka Utilities main building.

    Weapons were defined as guns, knives, explosives, and chemical sprays.

    Rea and Hamel were the only two people out of a large crowd to speak in favor of the proposed ordinance.

    Hamel says he was concerned for city employees' safety when a man walked into city hall a few weeks ago with a gun in a holster with two extension clips, in addition to a billy club.

    Hamel says he never threatened anyone, but he and Rea say this is a warning sign.

    The rest of the crowd, including State Representative Jackie Walorski, say taking away our Hoosier given right to protect would mean putting our lives on the line.

    A question asked by Len Grimel, one of the many people who took the stand, had the majority of the crowd raising their hands. “How many people have a license to carry? Just raise your hand. You're the most protected city council in the state of Indiana.”

    State Representative Jackie Walorski says this is one of the many reasons she's proud to be a Hoosier.

    She always has her gun with her, even at the State House, but a new sign on the front door of Mishawaka City Hall forced her to put it away, even without an ordinance passed.

    Walorski says, “We have a Castle Doctrine that says wherever your castle is -- house, car -- and you have a threat on your personal space, you have the opportunity in this state to defend yourself.”

    Brad Foster says the reason he's standing here, standing up for Hoosier rights, is because of his right to bear arms.

    He says he was brutally beaten, and that in the end, showing his attackers he had a gun saved his life.

    Mayor Jeff Rea and City Attorney Cory Hamel, proponents of the weapons ban ordinance, feel city employees would be best protected if only on and off-duty police officers were allowed weapons in busy city buildings.

    Hamel says, “What we're trying to do is prevent people who walk in with no agenda, but while he's inside with a gun, gets irate and may do something drastic.”

    Walorski and the rest of the crowd told the City Council that taking away law abiding citizens' right to bear arms will do nothing but put everyone in danger.

    They say if a person wants to pull out a gun and shoot, they will. It happened at a city hall meeting in Missouri in February. Five people were killed, including police officers and city officials.



  2. #2
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    Why doesn't anyone bring up preemption in these cases. It seems that people forget about that stuff.

    I can't stand busybodies like this mayor.

  3. #3
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    Here's the code and a link:

    http://www.in.gov/legislative/ic/cod...ar47/ch11.html


    Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
    08/06/2008 01:15:15 PM EDT IC 35-47-11
    Chapter 11. Local Regulation of Firearms
    IC 35-47-11-1
    Applicability of chapter
    Sec. 1. (a) Section 2 of this chapter applies to all units (as defined in IC36-1-2-23). All other sections of this chapter apply to all units other than townships.
    (b) This chapter applies only if a statute expressly grants a legislative body the authority to adopt an emergency ordinance under this chapter.
    (c) This chapter does not affect the validity of an ordinance adopted before, and in effect on, January 1, 1994.
    As added by P.L.140-1994, SEC.13.

    IC 35-47-11-2
    Regulation of firearms by units other than townships
    Sec. 2. Notwithstanding IC36-1-3, a unit may not regulate in any manner the ownership, possession, sale, transfer, or transportation of firearms (as defined in IC35-47-1-5) or ammunition except as follows:
    (1) This chapter does not apply to land, buildings, or other real property owned or administered by a unit, except highways (as defined in IC8-23-1-23) or public highways (as defined in IC8-2.1-17-14).
    (2) Notwithstanding the limitation in this section, a unit may use the unit's planning and zoning powers under IC36-7-4 to prohibit the sale of firearms within two hundred (200) feet of a school by a person having a business that did not sell firearms within two hundred (200) feet of a school before April 1, 1994.
    (3) Notwithstanding the limitation in this section, a legislative body of a unit other than a township may adopt an emergency ordinance or a unit other than a township may take other action allowed under section 6 of this chapter to regulate the sale of firearms anywhere within the unit for a period of not more than seventy-two (72) hours after the regulatory action takes effect.
    As added by P.L.140-1994, SEC.13.

    IC 35-47-11-3
    Emergency ordinances; adoption; conditions warranting
    Sec. 3. The legislative body of a unit may adopt an emergency ordinance under this chapter if:
    (1) a disaster (as defined in IC10-14-3-1) has occurred or is likely to occur in the unit; and
    (2) a local disaster emergency has been declared in the unit under IC10-14-3-29.
    As added by P.L.140-1994, SEC.13. Amended by P.L.2-2003, SEC.98.

    IC 35-47-11-4
    [line] Emergency ordinances; procedures for adoption
    Sec. 4. Notwithstanding any other law, if the conditions described under section 3 of this chapter are present within a unit, the legislative body of the unit may adopt an emergency ordinance under this chapter:
    (1) without complying with the public notice and public meeting provisions of:
    (A) IC5-14-1.5; or
    (B) any other statute;
    (2) on the same day that the ordinance is presented to the legislative body; and
    (3) by a majority vote of the members of the legislative body.
    As added by P.L.140-1994, SEC.13.
    IC 35-47-11-5
    Emergency ordinances; effective date; expiration
    Sec. 5. An emergency ordinance adopted under section 4 of this chapter:
    (1) takes effect on the date and at the time of the adoption of the ordinance; and
    (2) expires the earlier of:
    (A) seventy-two (72) hours after the time of the adoption of the ordinance; or
    (B) a time specified in the emergency ordinance.
    As added by P.L.140-1994, SEC.13.

    IC 35-47-11-6
    Restrictions on sale of firearms during emergency; declaration by executive or presiding officer
    Sec. 6. If:
    (1) the conditions described under section 3 of this chapter are present within a unit;
    (2) an unsuccessful attempt is made to convene the legislative body for the purpose of adopting an emergency ordinance under this chapter; and
    (3) in the case of a municipality, an unsuccessful attempt is made to convene the works board to act under this chapter as if the works board were the legislative body;
    the executive of a municipality or the presiding officer of a county executive may declare a restriction on the sale of firearms anywhere within the unit for a period of not more than seventy-two (72) hours after the restriction is declared. A declaration under this section has the same effect as an ordinance adopted under section 4 of this chapter and becomes effective and expires as provided in section 5 of this chapter.
    As added by P.L.140-1994, SEC.13.



    Looks like there is a bit of wiggle room here?



  4. #4
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    I think what he is saying is, here in Indiana anyway, a city can pass such an ordinance for it's own property and preemption does not apply.


    (1) This chapter (PREEMPTION) does not apply to land, buildings, or other real property owned or administered by a unit, except highways (as defined in IC8-23-1-23) or public highways (as defined in IC8-2.1-17-14).

  5. #5
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    Seems to me that this is something of a hole in the dike. This could lead to a patchwork of laws that we wouldn't hope to know about until, perchance, violated?

    I thought the idea of preemption was to avoid patchwork laws that would effectively trap folks?

  6. #6
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    It seems like the proponents of ordinances like this all use the same thought processes to arrive at the "need" for one, without thinking it through.

    Nevermind (as it was stated in the article) that if someone wants to shoot up a public building bad enough, words on a piece of paper that says they aren't allowed isn't going to stop them, yeah?

  7. #7
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    In Kirkwood, Missouri the authorities had already made it illegal to have a firearm in their municipal building (for the safety of everyone?). That really didn't stop their local nutjob from entering armed and shooting up the place. The only thing the prohibition did was make it impossible for anyone else present to defend themselves.

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