Indiana stand your ground law vs. city ordinance ?

[kyron4]

Okay, Sat. night had two Pit Bulls going crazy trying to get in my backyard at my Beagle. I went out to see what was going on and they came at me ready to attack. I slowly backed up and got inside. This was a true threat to me and my dog, these dogs weren't playing around. I called the police and they said " can you bring your dog inside ?" WHAT ! no I can't even go out my door. They sent a officer to the owners house and about 20 minutes later two kids came and got the dogs. Today I went to the station to find out why the dogs were not impounded and the owner only got a warning. I asked if it happens again and my child, my dog, or myself was attacked if I had the right to defend myself, she said yes, BUT I can NOT fire a gun inside the city limits. I said again if the dog has my child in it's mouth shaking her I can not shoot the dog, NO under no circumstance can I fire a weapon, a bat or broom can be used . She told me if I did even under those conditions my gun would be taken and I would be prosecuted for firing a gun in the city limits. So what good is to have stand your ground laws and permit if you can't use it ? Who decided if firing a gun in town was the only option ? Can anyone shed some light on this matter ? If I can't shoot a attacking pit bull then I guess I can't shoot a rapist or burglar in my home either, or a mugger on the street ? Is there an office I can call to get some answer or clarification ? I am so blown away right now I don't know what to think. Her tone and attitude was as if was the criminal. I'm not looking to be the town vigilante or looking to clean up the neighbor hood with my trusty 9mm; but if two pit bulls are tearing into me don't I have the right to use deadly force only a baseball bat ? -Thanks, and sorry for the long rant , a bit wound up right now.

 

[Kirk Freeman]

Which city?

Most ordinances have exempts for self-defense. Let's look at yours.

 

[kyron4]

Which city?

Most ordinances have exempts for self-defense. Let's look at yours.

Wabash, I'm sure there is one, but does me no good if LEO dose not recognize it . How can I find out ?

 

[Kirk Freeman]

How can I find out ?

GTS.

I'll be back.

 

[HoughMade]

Wabash City Code

Sec. 6-158. - Discharge of weapons prohibited.permanent link to this piece of content


No person shall cause to be discharged a weapon within the city limits of Wabash, Indiana, or permit a projectile resulting from said discharge of a weapon outside of the city limits of Wabash to enter into or pass over the city limits of Wabash, Indiana, except in the following cases:


1. A duly authorized law enforcement officer in the discharge of his duty.
2. Where a person is protecting his person or his property.
3. Where a person discharges a weapon at a sanctioned target range, provided that a sanctioned target range shall be authorized by the police department; or
4. Where written permission is obtained from the police department for disposing of animals which are a nuisance or menace to the person or property of the people applying for said permission from the police department.

 

[kyron4]

Wabash City Code

Sounds like that covers it, but does that mean they will still confiscate my gun and bring charges against me ? Will I spend more on a lawyer than medical bills ? (Sounds funny but really)

 

[HoughMade]

There is no way to predict what may happen if you have to use your right to self-defense. I would hope if you exercised sound judgment that the officials would follow the law, but there are no guarantees.

 

[CathyInBlue]

If they try to, immediately file suit under the local pre-emption statute. Fight legal fire with legal fire.

 

[kyron4]

Should I go back and show them this law and prove I do I the right or would I just be asking for trouble ?

 

[ashby koss]

If they try to, immediately file suit under the local pre-emption statute. Fight legal fire with legal fire.

IANAL: But, this seems to be the best advice out there. Even in general "Fight legal fire with legal fire"

 

[Kirk Freeman]

Sec. 6-158. - Discharge of weapons prohibited.

No person shall cause to be discharged a weapon within the city limits of Wabash, Indiana, or permit a projectile resulting from said discharge of a weapon outside of the city limits of Wabash to enter into or pass over the city limits of Wabash, Indiana, except in the following cases:

​

1. A duly authorized law enforcement officer in the discharge of his duty.

2. Where a person is protecting his person or his property.

3. Where a person discharges a weapon at a sanctioned target range, provided that a sanctioned target range shall be authorized by the police department; or

4. Where written permission is obtained from the police department for disposing of animals which are a nuisance or menace to the person or property of the people applying for said permission from the police department.

Hough was quicker.

 

[CathyInBlue]

Anytime you're telling a LEO what his job is, it's just asking for trouble, even when it's in court and you're quoting and citing IC and the judge is upholding objections from the prosecution that you're not a lawyer, hence, you have no right to an opinion about the law.

 

[kyron4]

Anytime you're telling a LEO what his job is, it's just asking for trouble, even when it's in court and you're quoting and citing IC and the judge is upholding objections from the prosecution that you're not a lawyer, hence, you have no right to an opinion about the law.

Ya, I figured I better just stay quite. I know a few of the LEO's from school may ask one If I see them out how this kind of thing is handled. And to be clear I would only use a gun as a last resort with no other options , as Sat. night I was able to flee the situation without using deadly force.

 

[SteveM4A1]

Ya, I figured I better just stay quite. I know a few of the LEO's from school may ask one If I see them out how this kind of thing is handled. And to be clear I would only use a gun as a last resort with no other options , as Sat. night I was able to flee the situation without using deadly force.

A lot of times running at the dog works too. Make lots of noise, growl, and charge it. Don't back down. And once you think you've run it off, do NOT turn your back on it. Had an encounter just the other day with a pitbull where I let me guard down a second, and he started to charge me again, so I charged him back.

 

[stephen87]

You would.


I'm not a lawyer, but it seems Cathy has the most sound advice in this matter.

 

[HoughMade]

If a person discharged a weapon claiming self defense, the issue would not really be what the ordinance says, but whether it was a proper use of force under the circumstances. If your aim is sound, the city ordinance will be the least of your worries.

 

[ATM]

You now know that you would be excepted to use force if necessary, it matters very little if she understands or accepts that fact


...however, I wouldn't be able to resist the urge to point that out to her.

 

[Jack Burton]

Never trust a cop to know exactly what the law says.

 

[Kirk Freeman]

Jack, don't think it is a cop. Likely a clerical staffer who is set on autopilot to answer questions with a blanket "no". Sort of like the end of the lifetime LTCH rumor got started in Howard County.

 

[SEIndSAM]

Jack, don't think it is a cop. Likely a clerical staffer who is set on autopilot to answer questions with a blanket "no". Sort of like the end of the lifetime LTCH rumor got started in Howard County.

I was thinking the same thing. Lot's of small towns (like mine) have the Dispatcher answer the phones at the PD.