Local Prohibition of Firearms

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  • GuyRelford

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    Aug 30, 2009
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    Zionsville
    I am very interested in knowing about any town, county, township, etc. (i.e., political subdivision) that is still restricting the possession of firearms on its property. If you have any current examples of this (including "no firearms" signs in local government buildings or on local government property) - anywhere in the State of Indiana - would you please let me know?

    Thanks!!

    Guy
     

    TVon

    Plinker
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    Jun 8, 2011
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    Brownsburg
    Last time I was in the Indianapolis Code Enforcement building (mid to late July) they still had their sign up. 1200 Madison Avenue. I will be back there again sometime next week and will verify.
     

    eldirector

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    Apr 29, 2009
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    Brownsburg, IN

    GuyRelford

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    Zionsville

    VUPDblue

    Silencers Have NEVER Been Illegal !
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    Mar 20, 2008
    12,885
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    Franklin Township
    I think it will take some time to see the signs change based solely upon cost. I know the signs in the parks in Plainfield are large and cover all the regulations of the facility and probably aren't cheap to replace.
     

    BarryJaxon

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    Feb 23, 2011
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    Here in Anderson the Metal Detectors are probably 5' inside the door,the outside door not the court rooms but I`m curious to about there sign!
     
    Last edited:

    Hammerhead

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    Jul 2, 2010
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    Bartholomew County
    I believe Bartholomew County Parks might still have no firearms posted. There's a park property off the beaten path that I visited just before the 1st of July and I highly doubt they've changed it since then (wooden sign with the rules carved into it).

    I'll see if it's still there sometime soon. If it is, it's a good thought that the whole county park system hasn't been changed.
     

    GuyRelford

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    Zionsville
    I have heard indirectly that the Southport mayor is openly defying the new preemption statute. Does anyone have any personal knowledge of this?
     

    melensdad

    Grandmaster
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    18   1   0
    Apr 2, 2008
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    Far West Suburban Lowellabama
    The LAKE COUNTY GOVERNMENT COMPLEX in Crown Point, IN has a sign at the entrance to the parking lot that reads "NO FIREARMS ALLOWED."

    The complex includes a jail building, a courthouse building, and the municipal offices buidling of the Lake County government. The municipal building contains council chambers, building/planning dept, welfare/aid dept, health dept, etc.

    All 3 buildings are connected to each other.

    What I do not understand is why they ban firearms on the entire property, including the parking lot. I've not looked over the law in regards to the parking lots, but it seems like I should be able to lawfully store my gun in my car if I am going into get a building permit, etc.
     

    eldirector

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    Apr 29, 2009
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    Brownsburg, IN
    What I do not understand is why they ban firearms on the entire property, including the parking lot. I've not looked over the law in regards to the parking lots, but it seems like I should be able to lawfully store my gun in my car if I am going into get a building permit, etc.
    If I am reading 35-47-11 correctly, it doesn't say anything about buildings vs. other properties (eg: parking lots). It just says "a political subdivision may not regulate".

    On down it provide an exemption for BUILDINGS with court rooms or metal detectors (with restrictions). No mention of exceptions for other property.

    So, I assume they have the ban in place illegally.
     

    Timjoebillybob

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    Feb 27, 2009
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    I think it will take some time to see the signs change based solely upon cost. I know the signs in the parks in Plainfield are large and cover all the regulations of the facility and probably aren't cheap to replace.

    Agreed. My city has no signs, but then again the only ordinance is against discharging within city limits. Unfortunately that even includes air guns.

    But for cities that do, I'm sure it will be quite expensive and possibly even have a backlog. How many signs in IN need changing now? And how many companies make the signs?

    Here in Anderson the Metal Detectors are probably 5' inside the door,the outside door not the court rooms but I`m curious to about there sigh!

    If a building contains a court room, they can make the entire building off limits. With certain exceptions, such as a private business or residence located in the building, if their is they cannot prohibit firearms from those areas or common areas used by them.

    The LAKE COUNTY GOVERNMENT COMPLEX in Crown Point, IN has a sign at the entrance to the parking lot that reads "NO FIREARMS ALLOWED."

    The complex includes a jail building, a courthouse building, and the municipal offices buidling of the Lake County government. The municipal building contains council chambers, building/planning dept, welfare/aid dept, health dept, etc.

    All 3 buildings are connected to each other.

    What I do not understand is why they ban firearms on the entire property, including the parking lot. I've not looked over the law in regards to the parking lots, but it seems like I should be able to lawfully store my gun in my car if I am going into get a building permit, etc.

    From a quick reading of IC it seems they may be able to prohibit it because of the jail.

    Chapter 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 authorize the possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during an emergency described in subsection (a):

    (3) on the property of a penal facility (as defined in IC 35-41-1-21);
     

    GuyRelford

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    Aug 30, 2009
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    Zionsville
    It appears that Plainfield is doing the right thing. I sent this inquiry:

    "It appears that the Town of Plainfield has several ordinances still in place that are now void under the newly-enacted amendments to Indiana's firearms preemption statute, Ind. Code §35-47-11.1-2, et seq.

    Do you plan to amend these in the near future?

    Thank you.

    Guy A. Relford
    Attorney at Law"

    And I got this response:

    "The Plainfield Town Council will consider 2nd and 3rd readings and adoption of ordinance to bring us into compliance. The council will consider the ordinance on Monday, August 22, 2011.

    Rich Carlucci
    Town Manager
    Town of Plainfield."
     

    GuyRelford

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    Aug 30, 2009
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    Zionsville
    From a quick reading of IC it seems they may be able to prohibit it because of the jail.

    You're quoting an exception to the Guns in the Workplace statute - that's much different than the new preemption statute. There is no exception in the preemption statute for penal facilities - but you have to worry about "Trafficking with an Inmate." I posted a legal sencario about this a couple weeks ago.

    Guy
     
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