RE South Bend "high capacity" ordinances.

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  • kludge

    Grandmaster
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    Mar 13, 2008
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    So, I'm on one of the other boards and I see this reference to the South Bend Police blog:

    South Bend Police Blog

    Weapons Capacity? Q: I have heard that there is a ban on high capacity pistol magazines in the city of South Bend. As a concealed carry permit holder, I feel it is necessary to know for sure. Is it unlawful to carry a pistol with a high capacity (greater than ten rounds) magazine within SB city limits?

    A: The former "Brady Bill" banned high capacity magazines but that law has since expired and high capacity magazines are no longer banned federally or at the city level.
    However the law is still on the books. :n00b:

    Has anyone from South Bend or surrounding area experienced any enforcement of these city codes?

    I thought I remembered someone here got denied on a purchase (can't recall if it was a gun or magazine or some other accessory) because of the South Bend city code wrt the capacity issue.
     

    PMY

    Plinker
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    Jul 21, 2008
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    Mishawaka
    I don't know if this was definitively, or at least concisely, answered in the other thread. So here is the answer:

    The South Bend "high-capacity" magazine/"assault weapon" ordinance was unenforceable when it was passed.

    The state preemption statute, including Ind. Code 35-47-11-1 and 35-47-11-2, prohibits local regulation of firearms and ammunition (with some exceptions that don't apply to this question).

    The state statute includes a grandfather clause which allows enforcement of ordinances which were adopted before January 1, 1994. However, the South Bend ordinance was not adopted until February 21, 1994.

    So, the ordinance has never been enforceable, and I don't believe South Bend has ever made any attempt to enforce it. But a few internet retailers are apparently aware of the city ordinance, but not the state law.

    In 2007, Midway USA changed its policy on shipping magazines to South Bend after they reviewed the state law. If a South Bend resident has a problem with having magazines shipped to them send me a pm, and I may be able to provide some insight on resolving the problem.
     

    r6vr6

    Sharpshooter
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    Granger
    ....30 rounds mags won't do you much good on the west side you'll need something belt fed if you want to make it out alive ;-)
     

    HollidaySlim

    Marksman
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    Jan 26, 2009
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    Central Indiana
    ....30 rounds mags won't do you much good on the west side you'll need something belt fed if you want to make it out alive ;-)

    Not so much the whole west side at just Lincoln Way West. Some of the west side is OK. I never lived in the city (country boy) but went to Washington High School and I didn't think it was that bad.
     

    Tsssst

    Plinker
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    Aug 30, 2017
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    South Bend
    I just got a letter from Palmetto on this topic. It had me baffled since I've had 30 round mags shipped here before from other retailers, and am pretty sure I've gotten them locally too.

    I guess I need to email and cite and try to show them the error of their ways.
     

    Vigilant

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    Plainfield
    The city can’t enforce a magazine ban because of state preemption laws. Hell ETS has a customer service HQ in Southbend, and all they do is hi cap mags and mag loaders.
     

    Tsssst

    Plinker
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    Aug 30, 2017
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    South Bend
    Palmetto cancelled my order today... It was one of their red dot with 10 PMAG bundles. I sent a coupke emails linking, citing, and screenshotting all the applicable Indiana state laws as well as the South Bend municipal code. I even talked on the phone with customer service and was called back by a guy from their compliance department.

    The most he would say is that it's "our policy" not to ship to South Bend or anywhere that may be a gray area.

    I asked what in Indiana and South Bend law is a gray area? The state says local political subdivisions cannot override state law with regards to firearms, ammunition, and accessories, and even if the locals could, South Bend's only firearms ordinances are no discharges within city limits and no open display of firearms at public meetings.

    It's ridiculous. There's no gray here in any law in regards to magazines. I could get drum mags shipped here by others if I wanted them.
     

    rosejm

    Master
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    Nov 28, 2013
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    NWI
    Palmetto would say is that it's "our policy" not to ship to South Bend

    While I understand your desire to correct the world...

    Their business, their rules.
    There are LOTS of local businesses that also use incorrect logic in their creation/application of policies. Do ya know what the people that care do? They vote with their dollars and feet.

    Go buy magazines from another company that doesn't offend your desire for free commerce.
    Or if you're not that upset about their misguided policies, you could make friends and have the items shipped to another location and M&S or M&E with your newly found friend.
     

    Tsssst

    Plinker
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    Aug 30, 2017
    81
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    South Bend
    While I understand your desire to correct the world...

    Their business, their rules.
    There are LOTS of local businesses that also use incorrect logic in their creation/application of policies. Do ya know what the people that care do? They vote with their dollars and feet.

    Go buy magazines from another company that doesn't offend your desire for free commerce.
    Or if you're not that upset about their misguided policies, you could make friends and have the items shipped to another location and M&S or M&E with your newly found friend.

    I had already bought elsewhere (a mix of local and online) before posting. On my budget though the discounted pmags would have been a real deal.
     

    LP1

    Master
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    Sep 8, 2010
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    Friday Town
    I just e-mailed them......again.

    Please post their reply (if any). I've bought from PSA, but the fact that they are years behind on regulatory stuff is troubling.

    File a complaint with the Indiana Attorney General- Consumer division...

    I'm sure that will go right to the top of their to-do pile. And any anti-firearm bias aside, it probably shouldn't, given all of the outright fraud that's happening in other areas.
     
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