Hey HoughMade, Magazine ban question.

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  • Brian Ski

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    I see in your post in December you wanted to know of places that show South Bend as having a magazine ban. I just ran across the ban a couple weeks ago on a sale site. They must have tried to pass the ban pretty quietly. I live around Michiana and never heard a word about it. I found several places with the ban listed on their internet pages.
    Thanks for your help. Brian

    Tried to send you a PM but not allowed for the newbies. I can post the links here if you want to help. Not sure if the places would want to listen to me.
     

    Kaardomos

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    The ban has been on the books for years, from what I understand. However, Indiana passed a preemption law a few years ago that strikes down such local bans. IIRC, there it was grandfathered in under an old preemption law and the new law effectively said no more grandfathering.
     

    BiscuitNaBasket

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    I see in your post in December you wanted to know of places that show South Bend as having a magazine ban. I just ran across the ban a couple weeks ago on a sale site. They must have tried to pass the ban pretty quietly. I live around Michiana and never heard a word about it. I found several places with the ban listed on their internet pages.
    Thanks for your help. Brian

    Tried to send you a PM but not allowed for the newbies. I can post the links here if you want to help. Not sure if the places would want to listen to me.

    I'll PM him a link to this thread.
     

    Kirk Freeman

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    There was a big stink about the South Bend magazine ordinance. It was void from the beginning but that did nothing to stop the chilling effect that the politicians endeavored to create.
     

    HeadlessRoland

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    There was a big stink about the South Bend magazine ordinance. It was void from the beginning but that did nothing to stop the chilling effect that the politicians endeavored to create.

    There's also the Milltown, IN local ordinance that provides for fines and confiscation of firearms discharged within city limits.
     

    HeadlessRoland

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    They got laws, in Crawford County?

    Yep. Not many, but there are a few, at least in Milltown. And at least one of them is blatantly illegitimate and void (you may fine someone, but you may not confiscate, as that's pre-empted by State law).

    I remember the thread on that topic, but funny thing...they haven't even had a police force that long.

    Yeah, I'm pretty sure they're all-volunteer too, aside from maybe one paid position, or something. Met one of their officers once. Great guy, very law-abiding and respectful of liberty, I liked him a lot. I think he said that the town council probably just didn't realize what they'd written down in their attempt to make everything boilerplate. I wonder if the Milltown town council has gotten around to fixing that issue yet.
     

    Brian Ski

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    Here is a link to a post where I posted the text of a letter I sent to Palmetto State Armory. Long story short, even though the South Bend magazine limit would have been preempted, it was repealed anyway.

    https://www.indianagunowners.com/fo...mendment/71535-south-bend-11.html#post4627599

    I ran across that link the other day. Wasn't sure if you wanted to send other letters on or not. Seems you have a lot more clout that I.

    I ran across a few places that still think the ban is in place. \

    http://www.e-sarcoinc.com/magazine.aspx

    http://www.topgunsupply.com/magazine-restrictions.html


    http://ar15gunkits.com/contents/en-us/d28_saleitems.html Page down toward bottom.

    http://www.dlsports.com/warnings_notices.html Bottom of page under warning.

    http://www.impactguns.com/ruger-mini-14-hi-cap-magazine-30-rd-223-factory-90035-736676900350.aspx

    Kind of like a wild fire... keeps on growing faster than you can control it.











     

    Brian Ski

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    A few more...

    David's Collectibles Rifle Mags

    Cobra Tactical Systems » Polymer AR15 AR-15 30 Round 2.23/5.56, 300 AAC and .50 cal Beowolf Magazine Mags ? In Stock ? $15.99

    http://www.ak47world.com/ About 1/3 down, under magazine policy.

    Delta Force | ProMag Magazine for Ruger P-Series 9MM, 32d, Blue

    Seems to be a quite a few. Sure don't want to waste your valuable time. If you think me writing a letter to them would help. Usually they are not interested in the opinion of a little guy.

    Thanks, Brian







     

    HoughMade

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    Thanks. I have a lot going on right now, but over the course of time, I'd like to get some letters out to these vendors.

    I'm not sure what kind of clout I have, but I am not afraid to put the information out there and ask for a response.
     

    Brian Ski

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    Thanks. I have a lot going on right now, but over the course of time, I'd like to get some letters out to these vendors.

    I'm not sure what kind of clout I have, but I am not afraid to put the information out there and ask for a response.

    Thanks a lot. I think with a official letterhead it will mean more coming from you. I just wonder where they get their info as to what is legal?? I know they want to err on the safe side.

    On the other side there are a lot of posts on a lot of gun boards that show South Bend as a restricted area. I think those will be impossible to straighten out.

    Let me know if you get any replies. Thanks, Brian
     

    Bill of Rights

    Cogito, ergo porto.
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    I'm not sure of the legality of confiscation, but I do know that local ordinances are still permitted to control the discharge of firearms within cities. Local restrictions on possession, carry, purchase, and sale are off limits, but discharge may still be regulated. Of course, a self-defense case should (lawyers, check me on this) remove the question of the legality of discharge of a firearm under local ordinances as well.

    IC 35-41-3-1 Legal authority
    Sec. 1. A person is justified in engaging in conduct otherwise
    prohibited if he has legal authority to do so.
    As added by Acts 1976, P.L.148, SEC.1.
    Amended by Acts 1977, P.L.340, SEC.7.

    Blessings,
    Bill

    There's also the Milltown, IN local ordinance that provides for fines and confiscation of firearms discharged within city limits.
     

    Tsssst

    Plinker
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    Palmetto just informed me they cancelled my order # 32104454704 because it is "our policy."

    In the course of the past week I sent polite emails citing, linking, and screenshotting every relevant chapter, ordinance, and article of Indiana state law and South Bend municipal law showing that there are zero magazine capacity bans in Indiana the state or South Bend the town.

    They cancelled my order, which was to be my first red dot bundled with 10 thirty round PMAGs.

    I even screenshotted an INGO post from 2014 where one of you/us was having this same issue, and after a few calls with Palmetto ultimately had his entire order shipped. That post even had his order number for them to look up.

    It's as if Palmetto threw a dart at a map of the USA, it hit South Bend so they won't ship 30 round magazines here.
     

    Fargo

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    I'm not sure of the legality of confiscation, but I do know that local ordinances are still permitted to control the discharge of firearms within cities. Local restrictions on possession, carry, purchase, and sale are off limits, but discharge may still be regulated. Of course, a self-defense case should (lawyers, check me on this) remove the question of the legality of discharge of a firearm under local ordinances as well.



    Blessings,
    Bill
    Indiana has a statute explicitly defining the procedure for the forfeiture of firearms. If memory serves, the DNR got in hot water with the court of appeals for trying to use its general forfeiture statute when the legislature has prescribed one and only one way to forfeit a firearm.
     
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