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  • Sfrye5853

    Plinker
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    4   0   0
    Jan 29, 2017
    65
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    Indianapolis, IN
    Local, Indianapolis City County Council is looking at encouraging Indiana to support a ban on "assault" weapons and "high capacity" magazines. See email below sent to me by a councilman/friend. Please try to make it and let the councilman who wrote this email know how you feel:

    To: Members of the Community Affairs Committee
    From: Frank Mascari, Chair
    Date: June 7, 2018
    Re: Meeting Notice
    There will be a meeting of the Community Affairs Committee of the City-County Council
    on Wednesday, June 13, 2018, at 5:30 p.m. in Room 260 of the City-County Building. It
    is anticipated that the following items may be considered by the committee.
    PROPOSAL NO. 112, 2018 - urges the Indiana General Assembly to support a ban on
    assault weapons and high-capacity magazines.
     

    MarkC

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    Mar 6, 2016
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    Mooresville
    It's been about four years since I've done any legislative work, but I don't think it takes a genius to determine this one is DOA.

    But, it is some good virtue signaling, pandering to the base.

    I am sooooo glad to be out of Marion County, where my tax $$ no longer help subsidize this kind of silliness, instead of, say, fixing sewers or paving roads. But fixing sewers and roads isn't as cool.
     

    Trigger Time

    Air guitar master
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    204   3   0
    Aug 26, 2011
    40,112
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    SOUTH of Zombie city
    Interesting. I wonder if Councilman Mascari uses firearms to protect the jewelry store he owns in Beech Grove, Spalding Jewelers?
    Usualy the left ruling class always thinks they should have rights but the subjects, the people shouldnt.

    I'm sick and tired of these traitors thinking they can dictate what my rights are or take them away. They cannot.
     

    T.Lex

    Grandmaster
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    Mar 30, 2011
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    Hold up.

    Its important to understand what they're going to do.

    They can't actually regulate those things because pre-emption.

    What they can do is "officially" "ask" the General Assembly to let them regulate it. And there will be debate and handwringing about the resolution doing the "official" "asking."

    But, there's really nothing substantive they can do on the matter.
     

    MarkC

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    Mooresville
    Hold up.

    Its important to understand what they're going to do.

    They can't actually regulate those things because pre-emption.

    What they can do is "officially" "ask" the General Assembly to let them regulate it. And there will be debate and handwringing about the resolution doing the "official" "asking."

    But, there's really nothing substantive they can do on the matter.

    I am tracking, and I hope everyone else is, too. This kind of "request," if passed by the City-County Council, will fall on deaf ears at the legislature; that is what I meant by "DOA."

    It is still wasteful of the taxpayers' money and precious legislative time at the local and state levels to engage in this kind of hand wringing.
     

    T.Lex

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    Mar 30, 2011
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    I question how "precious" the City County Council time is. Part of me thinks this rabbit hole will keep them from other distractions that could actually impinge on rights.
     

    BigRed

    Banned More Than You
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    7   0   0
    Dec 29, 2017
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    1,000 yards out
    Here is his email address:

    frank.mascari@indy.gov


    Mr. Mascari:


    Good luck with this proposal 112. The Indiana preemption law will render it meaningless even if you clowns do pass it.


    Is it not bad enough that you waste taxpayer resources on matters such as the Red Line? Must you go further wasting taxpayer resources with grandstanding such as this?
     

    T.Lex

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    Hey Mark - any chance this resolution could be considered an action to restrict rights? (Or whatever the language of the pre-emption statute is.) I mean, if they individually go to the GA, no problem. That's individual opinion.

    But as soon as they start acting like a body politic, then....?
     

    MarkC

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    Hey Mark - any chance this resolution could be considered an action to restrict rights? (Or whatever the language of the pre-emption statute is.) I mean, if they individually go to the GA, no problem. That's individual opinion.

    But as soon as they start acting like a body politic, then....?

    That made me think, so I read the statute (again).

    An individual who is "adversely affected," as defined by IC 35-47-11.1-6, can sue and potentially receive three times their attorneys fees as liquidated damages. The relevant part of the definition of "adversely affected:"

    (C) The individual is or was subject to the ordinance,measure, enactment, rule, or policy of the politicalsubdivision that is the subject of an action filed under section5 of this chapter. An individual is or was subject to theordinance, measure, enactment, rule, or policy of the politicalsubdivision if the individual is or was physically presentwithin the boundaries of the political subdivision for anyreason.

    So this seems intentionally broad. Every person in Marion County who is represented by the City-County Council could argue they were "adversely affected" by this attempt to limit their rights.

    However, on the other hand, since there is no actual effect by this ineffective statement of policy and request by the Council, I'm not sure how far a lawsuit would get, especially when this is a political action by an elected body.

    However, while I was typing this, I recalled a similar situation in NW Indiana. I looked and found Dykstra v. City of Hammond, 985 N.E.2d 1105 (Ind. Ct. App., 2013) the plaintiffs sued because Hammond had a now-preempted but unenforced ordinance regulating firearms. The Court of Appeals upheld the trial court, finding the city did not violation the preemption statute by not repealing the offensive ordinance. Therefore, it would seem to require something more substantive than an unlawful ordinance.

    Oh well. I just know how many members of the General Assembly will look upon this waste of taxpayer resources.
     

    T.Lex

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    Mar 30, 2011
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    Maybe the GA should pass an additional penalty provision that any such resolution results in a $xxx,xxxx contribution to the 77 Fund or something. (Although I think it is nearly fully funded.)
     

    DoggyDaddy

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    73   0   1
    Aug 18, 2011
    102,046
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    Southside Indy
    Hold up.

    Its important to understand what they're going to do.

    They can't actually regulate those things because pre-emption.

    What they can do is "officially" "ask" the General Assembly to let them regulate it. And there will be debate and handwringing about the resolution doing the "official" "asking."

    But, there's really nothing substantive they can do on the matter.

    I guess I didn't interpret it that way (asking for a ban only in Indianapolis/Marion County).

    This wording "PROPOSAL NO. 112, 2018 - urges the Indiana General Assembly to support a ban on
    assault weapons and high-capacity magazines." made me think they were asking for a ban statewide. If just "asking permission", then yeah, I'm a little less concerned, but concerned nonetheless.
     

    MarkC

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    I guess I didn't interpret it that way (asking for a ban only in Indianapolis/Marion County).

    This wording "PROPOSAL NO. 112, 2018 - urges the Indiana General Assembly to support a ban on
    assault weapons and high-capacity magazines." made me think they were asking for a ban statewide. If just "asking permission", then yeah, I'm a little less concerned, but concerned nonetheless.

    It only makes sense, right? If we just have an assault weapons ban in Marion County, won't all the assault weapons in the donut counties, each one of which is just chomping at the bit to just go out and insanely kill people, all by themselves, find their way into Marion County?

    That's Chicago's argument about Indiana's "weak" firearms laws.
     

    MarkC

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    Maybe the GA should pass an additional penalty provision that any such resolution results in a $xxx,xxxx contribution to the 77 Fund or something. (Although I think it is nearly fully funded.)

    As I recall, the '77 fund is in pretty good shape. Most of our state pensions are well-funded, unlike our neighbor to the west. The exception is one of the old teachers' pension funds, which is only 26% funded. However, it was designed as a "pay as you go" program, and it has now only a small handful of beneficiaries.

    I like your idea; however, the locals are already strapped for cash. In some cases, it is legitimately because of tax caps, and others it is self-inflicted from unrestrained spending and poor budgeting. As a result, I think it unlikely the GA would do something to take money from them and give it to the State.
     

    T.Lex

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    As I recall, the '77 fund is in pretty good shape. Most of our state pensions are well-funded, unlike our neighbor to the west. The exception is one of the old teachers' pension funds, which is only 26% funded. However, it was designed as a "pay as you go" program, and it has now only a small handful of beneficiaries.

    I like your idea; however, the locals are already strapped for cash. In some cases, it is legitimately because of tax caps, and others it is self-inflicted from unrestrained spending and poor budgeting. As a result, I think it unlikely the GA would do something to take money from them and give it to the State.

    I hate it when you're rational. (Fortunately, it isn't that often.) ;)

    Ok.

    Instead of that, maybe borrow from our parliamentary cousins and have anyone that votes for such resolutions immediately vacate their seats by operation of law, without the chance to run for them again in the ensuing spot elections? Such elections to occur within 45 days. And not a caucus. Actual election.

    A boy can dream.
     

    Leadeye

    Grandmaster
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    Jan 19, 2009
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    Bidding a grand slam with a 6 count hand. It's a shame Indy can't get back the tax money this exercise is going to cost.
     

    MarkC

    Master
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    Mar 6, 2016
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    I hate it when you're rational. (Fortunately, it isn't that often.) ;)

    Ok.

    Instead of that, maybe borrow from our parliamentary cousins and have anyone that votes for such resolutions immediately vacate their seats by operation of law, without the chance to run for them again in the ensuing spot elections? Such elections to occur within 45 days. And not a caucus. Actual election.

    A boy can dream.

    I hate it when I'm rational, too. Its not as much fun. ;)

    I REALLY like your forfeiture of office by operation of law idea. That would certainly cause some of these people to slow their roll!
     

    Thor

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    Jan 18, 2014
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    Could be anywhere
    I like that too...fewer laws are better. If each lawmaker could loose their seat for grandstanding it just might come to a middle...which would be better than where it is now.
     
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