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Can Evansville, IN legally ban gun carry in civi center??

M

Mike

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What about preemption in Indiana??

http://www.courierpress.com/news/2010/dec/15/an-armed-public-the-issue-civic-center-find-our

SNIP

It may be difficult to imagine now, but there was a time when the public walked into the Civic Center without much more than a once-over look from an unarmed security guard at the visitors desk. Police officers and sheriff's deputies were just down the hall in their offices, but there just wasn't a lot of thought that a citizen angry at local government might arm himself or herself and come into the Civic Center looking to do violence. It was different era.

Sadly, violent, fatal attacks in other cities — one at a City Council meeting in a St. Louis suburb — dictate now that we limit the absolute free movement of citizens, particularly at government centers where public officials have their offices and where taxpayers come to pay their bills and settle disputes.

A news report in the Sunday Courier & Press does nothing but verify the need for two security checkpoints at two entrances into the main Civic Center building installed about a year ago.

. . .
 
A

aadvark

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Yes, Unfortunately..., Evansville, Indiana can Regulate Firearms as Defined below. The Specific Code Section is Indiana Code 35-47-11-2-1.

IC 35-47-11
Chapter 11. Local Regulation of Firearms

IC 35-47-11-1
Applicability of chapter
Sec. 1. (a) This chapter applies to all units (as defined in IC 36-1-2-23).
(b) 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. Amended by P.L.90-2010, SEC.8.

IC 36-1-2-23
"Unit"
Sec. 23. "Unit" means county, municipality, or township.
As added by Acts 1980, P.L.211, SEC.1.

IC 35-47-11-2
Regulation of firearms by units other than townships
Sec. 2. Notwithstanding IC 36-1-3, a unit may not regulate in any manner the ownership, possession, sale, transfer, or transportation of firearms (as defined in IC 35-47-1-5) 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 IC 8-23-1-23) or public highways (as defined in IC 8-2.1-17-14).
(2) Notwithstanding the limitation in this section, a unit may use the unit's planning and zoning powers under IC 36-7-4 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.
As added by P.L.140-1994, SEC.13. Amended by P.L.90-2010, SEC.9.

Relevant Evansville, Indiana Codes which are Authorized under IC 35-47-11-2-1 are: 1. 8.35.130(A), AND 2. 2.45.070(18). [There MAY be more, however; I was Unable to find them.]
 
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A

aadvark

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petropase:

South Dakota Local Governments may NOT Enact or Enforce such Prohibitions Concerning Firearms.

South Dakota Law 9-19-20 reads:
Firearms Regulation Ordinances Prohibited.

No Municipality may Pass any Ordinance that Restricts Possession, Transportation, Sale, Transfer, Ownership, Manufacture, or Repair of Firearms or Ammunition or their Components. Any Ordinances Prohibited by this Section are Null and Void.

Rapid City Codes 9.28.040 is Partially Preempted, while; Rapid City Code 5.12.070 is also Preempted.

South Dakota Law 23-7-8.1 reads:
[...] ..., The Holder of a Permit may Carry a Concealed Pistol anywhere in South Dakota[,] except[;] in any Licensed on-Sale Malt Beverage or Alcoholic Beverage Establishment that Derives over One-Half [1/2] of its Total Income from The Sale of Malt or Alcoholic Beverages. [...]

Therefore, Open Carry in such Establishments is Legal. Rapid City Code 9.28.040 is Partially Correct, in that Rapid City can Prohibit CONCEALED Firearms in such Establishments, however; Open Carry in such Establishments is PERFECTLY Legal. Furthermore, Open Carry or Concealed Carry in: Grocery Stores, Liquor Stores, Gas Stations, etc., where Alcohol is Present is, too, PERFECTLY Legal, whether Openly or Concealed, provided; of Course, that if Concealed, then, a Person has The Permit wherefore Mentioned.

Chapter 2.76 of Rapid City Code Governs The RushMore Civic Center Board, and Board HAS Exceeded their Authority on The Subject Matter of Firearms. I would either take The Matter up with The RushMore Civic Center Board First, or, Alternatively, take The Matter Straight to The Rapid City Council. After all, The Rapid City Council is The Parent of The RushMore Civic Center Board.

Rapid City Airport Regulation 1.18.1 Allows Firearm Possesion, and thus, is in Compliance with South Dakota Law, but The Code Regulation itself is Vague.

Rapid City Code is Severable under Rapid City Code 1.04.110.

aadvark
 
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P

petrophase

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Joined
Apr 1, 2009
Messages
300
Location
Rapid City, South Dakota, USA
aadvark said:
petropase:

South Dakota Local Governments may NOT Enact or Enforce such Prohibitions Concerning Firearms.

South Dakota Law 9-19-20 reads:
Firearms Regulation Ordinances Prohibited.

No Municipality may Pass any Ordinance that Restricts Possession, Transportation, Sale, Transfer, Ownership, Manufacture, or Repair of Firearms or Ammunition or their Components. Any Ordinances Prohibited by this Section are Null and Void.

Rapid City Codes 9.28.040 is Partially Preempted, while; Rapid City Code 5.12.070 is also Preempted.

South Dakota Law 23-7-8.1 reads:
[...] ..., The Holder of a Permit may Carry a Concealed Pistol anywhere in South Dakota[,] except[;] in any Licensed on-Sale Malt Beverage or Alcoholic Beverage Establishment that Derives over One-Half [1/2] of its Total Income from The Sale of Malt or Alcoholic Beverages. [...]

Therefore, Open Carry in such Establishments is Legal. Rapid City Code 9.28.040 is Partially Correct, in that Rapid City can Prohibit CONCEALED Firearms in such Establishments, however; Open Carry in such Establishments is PERFECTLY Legal. Furthermore, Open Carry or Concealed Carry in: Grocery Stores, Liquor Stores, Gas Stations, etc., where Alcohol is Present is, too, PERFECTLY Legal, whether Openly or Concealed, provided; of Course, that if Concealed, then, a Person has The Permit wherefore Mentioned.

Chapter 2.76 of Rapid City Code Governs The RushMore Civic Center Board, and Board HAS Exceeded their Authority on The Subject Matter of Firearms. I would either take The Matter up with The RushMore Civic Center Board First, or, Alternatively, take The Matter Straight to The Rapid City Council. After all, The Rapid City Council is The Parent of The RushMore Civic Center Board.

Rapid City Airport Regulation 1.18.1 Allows Firearm Possesion, and thus, is in Compliance with South Dakota Law, but The Code Regulation itself is Vague.

Rapid City Code is Severable under Rapid City Code 1.04.110.

aadvark
Click to expand...

I agree with you as that was my understanding as well. However, the ban still stands. at least in that there is signage prohibiting weapons at the civic center.
 
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