Fishers Muni Code 130.01

The #1 community for Gun Owners in Indiana

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • rockhopper46038

    Grandmaster
    Rating - 100%
    89   0   0
    May 4, 2010
    6,742
    48
    Fishers
    Well this is astounding! Being technically not within the Town/City of Fishers I have not paid particular attention to the Fishers Muni Code vis a vis firearms, but I am somewhat surprised to see that apparently, back in December of last year, they prohibitions against the discharge of firearms within the Town/City Limits was explicitly nullified.

    I can't copy and paste the Code directly, but it states:

    130.01 Discharge of Dangerous Projectiles

    No person shall discharge within the limits of the town any dangerous projectile. Dangerous projectiles prohibited by this section shall include, but not be limited to, projectiles discharged by air; by gas; by powder; or projectiles propelled by other mechanical means. This section shall apply to all of the aforementioned except firearms. Firearms shall be exempt from this section.

    (Ord. 4, passed 12-22-64; Am. Ord. 121613B, passed 12-16-13) Penalty, see 130.99

    I wonder how many folks are aware of this?
     

    Light

    Sharpshooter
    Rating - 100%
    5   0   0
    Sep 9, 2012
    637
    18
    Near Fort Wayne
    So that would make a pellet rifle firing illegal in city limits, but not an actual rifle? :n00b:

    Where do nail guns fall into this, since it does not define dangerous projectiles by any other means except the method by which it is fired?
     

    rockhopper46038

    Grandmaster
    Rating - 100%
    89   0   0
    May 4, 2010
    6,742
    48
    Fishers
    So that would make a pellet rifle firing illegal in city limits, but not an actual rifle? :n00b:

    Where do nail guns fall into this, since it does not define dangerous projectiles by any other means except the method by which it is fired?

    Gah! When I posted I meant to explicitly point out that juicy bit of irony, but I forgot :(
    Thanks for adding that. Yes, one would think air or blank powered nail guns would be out. I'm not going to point this out to the Town/City, but any of you that live within the limits and wish to either safely take target practice or dispose of a bothersome critter (again, safely), may want to tuck a copy of this into your wallet in case a neighbor decides that you require a visit from the authorities...
     

    K_W

    Grandmaster
    Rating - 100%
    8   0   0
    Aug 14, 2008
    5,385
    63
    Indy / Carmel
    So that would make a pellet rifle firing illegal in city limits, but not an actual rifle? :n00b:

    Where do nail guns fall into this, since it does not define dangerous projectiles by any other means except the method by which it is fired?

    Nailguns do not "project" nails, when properly used they drive nails into materials. If one were to improperly fire a nail gun into the air, then it would meet the "dangerous projectile" definition.
     

    farfromhome

    Plinker
    Rating - 0%
    0   0   0
    Jul 12, 2019
    2
    1
    Fishers
    SO does a Hand pulled slingshot fall under "Mechanical Means?"

    Seems to be the only Projectile type that I am legally allowed to use, but not sure if the rubber band falls under mechanical.
    By the definition of the law. Pitching machines are outlawed.

    I asked at cabela's and I got one idiot who wouldn't even allow me to finish my sentence and yelled at me claiming he will not answer law questions, when he sells the thing in his store.
    Another employee said that that a slingshot does not fall under mechanical.

    Thoughts?
     

    Cameramonkey

    www.thechosen.tv
    Staff member
    Moderator
    Site Supporter
    Rating - 100%
    35   0   0
    May 12, 2013
    31,686
    77
    Camby area
    SO does a Hand pulled slingshot fall under "Mechanical Means?"

    Seems to be the only Projectile type that I am legally allowed to use, but not sure if the rubber band falls under mechanical.
    By the definition of the law. Pitching machines are outlawed.

    I asked at cabela's and I got one idiot who wouldn't even allow me to finish my sentence and yelled at me claiming he will not answer law questions, when he sells the thing in his store.
    Another employee said that that a slingshot does not fall under mechanical.

    Thoughts?


    First, IANAL.

    Rubber bands are energy storage devices, and Looking at the Webster's definition, I would say a slingshot is a machine.

    And I would also agree that in the broadest sense, a pitching machine would also fall under that poorly written law if it is indeed that vague. So would my Bug-A-Salt flyswatter gun that shoots tablesalt like a shotgun. All are machines/mechanical and all lob projectiles. :dunno:


    BTW, Welcome to INGO.
     

    farfromhome

    Plinker
    Rating - 0%
    0   0   0
    Jul 12, 2019
    2
    1
    Fishers
    Thanks for the opinion.

    Based on the definition of mechanical means.

    "A mechanical device has parts that move when it is working, often using power from an engine or from electricity. ... Mechanical means relating to machines and engines and the way they work."

    A sling shot or a simple bow and arrow would not fall under the law.

    Yet - like I said above a Pitching Machine to practice baseball hitting would be.
    Also thinking about it. A straw and a spitball would fall under the law as well..


     

    Cameramonkey

    www.thechosen.tv
    Staff member
    Moderator
    Site Supporter
    Rating - 100%
    35   0   0
    May 12, 2013
    31,686
    77
    Camby area
    Thanks for the opinion.

    Based on the definition of mechanical means.

    "A mechanical device has parts that move when it is working, often using power from an engine or from electricity. ... Mechanical means relating to machines and engines and the way they work."

    A sling shot or a simple bow and arrow would not fall under the law.

    Yet - like I said above a Pitching Machine to practice baseball hitting would be.
    Also thinking about it. A straw and a spitball would fall under the law as well..



    OK, so if you are so convinced it doesnt fall under the law, why were you so upset that you couldnt get clarification from a non lawyer or non city legal council? Just buy it and use it if you are so sure.

    And call me cynical, but I wouldnt discount slingshots or bows. Both have moving parts when functioning.
     

    KokomoDave

    Enigma Suspect
    Site Supporter
    Rating - 100%
    75   0   0
    Oct 20, 2008
    4,500
    149
    Kokomo
    Maybe they are trying to get unregulated firing of fireworks and / or soda / potato / d$@do launching devices outlawed? One will never know the intentions of the city council w/o confronting them at a town board.
     

    Old Dog

    Expert
    Rating - 100%
    2   0   0
    Mar 4, 2016
    1,376
    97
    Central Indiana
    So, if I launch a turd from a potato cannon it is automatically a dangerous projectile? Dumb-arses, writing dumb-arse rules! Can't fire a pellet gun, but you can fire a rifle.:scratch:
     

    Slapstick

    Master
    Rating - 0%
    0   0   0
    Jul 29, 2010
    4,221
    149
    What i the definition of firearm? Legally. AOW?

    Indiana's definition of a firearm is:

    IC 35-47-1-5"Firearm"
    Sec. 5. "Firearm" means any weapon:
    (1) that is:
    (A) capable of expelling; or
    (B) designed to expel; or
    (2) that may readily be converted to expel;
    a projectile by means of an explosion.
     

    HoughMade

    Grandmaster
    Rating - 0%
    0   0   0
    Oct 24, 2012
    35,612
    149
    Valparaiso
    Indiana's definition of a firearm is:

    IC 35-47-1-5"Firearm"
    Sec. 5. "Firearm" means any weapon:
    (1) that is:
    (A) capable of expelling; or
    (B) designed to expel; or
    (2) that may readily be converted to expel;
    a projectile by means of an explosion.

    This makes a potato gun a firearm unless it's the compressed air variety....if it's a "weapon".
     

    Redlinetoys

    Marksman
    Rating - 100%
    3   0   0
    Jun 9, 2016
    133
    28
    Northern Indiana
    Wow, this is an old thread, but I am curious if the law is still written that way? Also curious if anyone has had a chance to test the theory that they can get away with discharging a firearm in Fishers.
     
    Top Bottom