Gun buyback program may return to Indianapolis

[VUPDblue]

It was JDMack79.

I believe the reason they used to detain him was the BS ordinance against soliciting on the sidewalk or along roads, which was knocked down a couple years back.

So I’m not sure what excuse they could come up with this time.

That ordinance still exists and was applied properly in his case. The fact that he had a sign soliciting something AND had a vehicle stop on the roadway to engage him in conversation made what he was doing illegal.

Make a sign, stand on the sidewalk, have a table or tailgate in a parking space somewhere close to do business and that should keep folks on the right side of the ordinance.

 

[churchmouse]

It was JDMack79.

I believe the reason they used to detain him was the BS ordinance against soliciting on the sidewalk or along roads, which was knocked down a couple years back.

So I’m not sure what excuse they could come up with this time.

You have to understand that this was a high profile church based thing in a fairly questionable area.
He stuck his neck out and they pulled it back in. He was not arrested but he was detained. Do I agree............Did I tell him not to do it..........Outcome predictable.

Their ball game. Their court. Just because you can do something does not always mean you should.
To my understanding he was working at a legal firm at the time. He attempted to take action and they told him to stand down. I could be wrong in my recollections but I do believe this to be the truth.

 

[DRob]

Trouble sometimes finds you when you aren't looking for it. When you are actively looking for it your odds increase dramatically!

 

[VUPDblue]

I believe that a private buyback alongside the official one is not inherently illegal so long as it is done the right way. The 2012 incident we have been talking about was a clear violation of the local ordinance against panhandling and obstructing traffic, but would have and should have resulted in nothing more than a ticket and instruction to stay off the roadway and right of way. There is no legal way to block a citizen from engaging in legal activity, even if that activity annoys "the man".

 

[Beowulf]

That ordinance still exists and was applied properly in his case. The fact that he had a sign soliciting something AND had a vehicle stop on the roadway to engage him in conversation made what he was doing illegal.

Make a sign, stand on the sidewalk, have a table or tailgate in a parking space somewhere close to do business and that should keep folks on the right side of the ordinance.

Ah, I thought it was already found unconstitutional. Looks like the case is going Federal.

https://www.theindianalawyer.com/ar...dy-panhandling-code-proceeds-in-federal-court

But, from the language in the ordinance, offering to buy something from passersby in no way can be considered panhandling:

Sec. 407-102. - Panhandling.
(a)
As used in this section, panhandling means any solicitation made in person upon any street, public place or park in the city, in which a person requests an immediate donation of money or other gratuity from another person, and includes but is not limited to seeking donations:
(1)
By vocal appeal or for music, singing, or other street performance; and
(2)
Where the person being solicited receives an item of little or no monetary value in exchange for a donation, under circumstances where a reasonable person would understand that the transaction is in substance a donation.


So, is there another ordinance about offering to buy things? That seems like it would be a pretty weird ordinance for the City-County Council to pass, as what possible grounds could they have an objection to that?

Regardless, I'd say JDMack's biggest mistake in the whole 2012 thing was that he didn't have someone else there filming all the interactions with the police. I bet they would have been a bit more shy about hassling him if it was being recorded/live streamed. Then it stops being his word against IMPD about what happened and instead makes it public record.

But as to Churchmouse's statement about him working at a law firm at the time, I believe that was correct. I remember messaging him a bit about some potential legal counsel (I know a few Libertarian lawyers who expressed some interest in talking to him), but he did mention that was talking with one of the attorneys he worked with.

 

[T.Lex]

IMPD seized 109 guns in the last month from actual criminals during actual criminal investigations. These aren’t feel-good turn-ins at a buy back, but actually taking the problem weapons from the problem people, none of whom would trade them for a fiddy at a community buy back. Seems to me like more actual criminal investigations would be more beneficial than some BS buy back.

I am interested to hear more about your interesting ideas. Do you have an internet newsletter that I can subscribe to?