Local Prohibition of Firearms

[GuyRelford]

If I am reading 35-47-11 correctly, it doesn't say anything about buildings vs. other properties (eg: parking lots). It just says "a political subdivision may not regulate".

On down it provide an exemption for BUILDINGS with court rooms or metal detectors (with restrictions). No mention of exceptions for other property.

So, I assume they have the ban in place illegally.

I think you're exactly right.

 

[mrortega]

It appears that Plainfield is doing the right thing. I sent this inquiry:

"It appears that the Town of Plainfield has several ordinances still in place that are now void under the newly-enacted amendments to Indiana's firearms preemption statute, Ind. Code §35-47-11.1-2, et seq.

Do you plan to amend these in the near future?

Thank you.

Guy A. Relford
Attorney at Law"

And I got this response:

"The Plainfield Town Council will consider 2nd and 3rd readings and adoption of ordinance to bring us into compliance. The council will consider the ordinance on Monday, August 22, 2011.

Rich Carlucci
Town Manager
Town of Plainfield."

Guy, no one answered this question in an earlier post but if a city or county govt hasn't gotten around to changing their ordinances to comply with SB292 can a person be in violation of their existing law as far as consequences or does 292 immediately nullify them and protect us?

 

[LockStocksAndBarrel]

The city/county building in South Bend/St. Joseph County is continuing to prohibit firearms because, according to the powers that be, it has a courthouse. Problem is the courthouse is across the street and only connected to the city/county building by an tunnel under the street.

 

[GuyRelford]

Guy, no one answered this question in an earlier post but if a city or county govt hasn't gotten around to changing their ordinances to comply with SB292 can a person be in violation of their existing law as far as consequences or does 292 immediately nullify them and protect us?

Under the new preemption statute, any conflicting local ordinance became void on July 1.

 

[Kirk Freeman]

FYI, as someone who is in and out of many jails across this fair state (professional troublemaker), some jails have Magistrate Courts inside them. Be careful carrying into the Sheriff's Department of your county.

 

[LawDog76]

Parkview Hospital in Fort Wayne

Parkview Main has a "Lock Down Unit" so from my understanding of the new law they can keep the restriction in place. Parkview North doesn't have one that I'm aware of so they would be violating the new law.

 

[gunowner930]

I have heard indirectly that the Southport mayor is openly defying the new preemption statute. Does anyone have any personal knowledge of this?

No, but I can get that info for you, I got a couple buddies that are LEOs in Southport.

 

[ryknoll3]

You're quoting an exception to the Guns in the Workplace statute - that's much different than the new preemption statute. There is no exception in the preemption statute for penal facilities - but you have to worry about "Trafficking with an Inmate." I posted a legal sencario about this a couple weeks ago.

Guy

The Trafficking statute says "carries INTO....". I don't think the parking lot would qualify as carrying INTO a penal facility. Otherwise, it'd be a felony to have your cell phone locked in the car while visiting cousin Skeeter in the pokey.

 

[Bill of Rights]

The issue melensdad seemed to be raising was the Municipal Building... The jail would be out, as Guy said, due to the "Trafficking with an Inmate" statute, and the Courthouse is still (wrongly, IMHO) allowed to prohibit, but the muni building, with no courthouse, just a "connection" (tunnel, gerbil tube, etc.) might be questionable.

Sic 'em, Guy!

Blessings,
Bill

 

[jedi]

The issue melensdad seemed to be raising was the Municipal Building... The jail would be out, as Guy said, due to the "Trafficking with an Inmate" statute, and the Courthouse is still (wrongly, IMHO) allowed to prohibit, but the muni building, with no courthouse, just a "connection" (tunnel, gerbil tube, etc.) might be questionable.

Sic 'em, Guy!

Blessings,
Bill

The municipal building melensdad is talking abut (Lake County Government Complex) is this one:

http://maps.google.com/maps?q=lake+...code_result&ct=title&resnum=3&ved=0CB4Q8gEwAg

It is 4 buildings all on 1 big property (nothing else around it) connected via hallways. One bldg is the jail, the other the courts, the other admin offices and the last one the public offices (clerks, deeds, etc..)

The issue at hand is not the "INSIDE" of the bldg (all have metal detectors) but the parking lot. The sign before you come into the complex says no firearms on the property.

Seems like the new law would make this sign invalid. But that is the question. Could you leave your firearm in your car on the parking lot and then


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MORE LOCATIONS

The main sign upon eneter Wicker Park (Highland, IN) Wicker Memorial Park - Home
says no firearms allowed. Their website makes no mention of it.

 

[GuyRelford]

No, but I can get that info for you, I got a couple buddies that are LEOs in Southport.

I would appreciate that!!

 

[Mr Evilwrench]

Last time I was in the Hamilton County courthouse (a few years ago) they had metal detectors at the entrances to the hallways where courtrooms were, but not into the building itself. They were apparently in compliance long before the law was enacted.

 

[Harry]

City of Southport located in Perry Township, Marion County still has not changed their ordinance. Signage is still posted on the government building and still being enforced!

 

[melensdad]

My issue is with the PARKING LOT. How can it be legal to prevent me from entering the lot with a gun in my car?

 

[Vince49]

Have not seen this on the news.

City of Southport located in Perry Township, Marion County still has not changed their ordinance. Signage is still posted on the government building and still being enforced!

Wow! Who got busted?

 

[GuyRelford]

City of Southport located in Perry Township, Marion County still has not changed their ordinance. Signage is still posted on the government building and still being enforced!

Is there a court anywhere in the government building?

 

[Fargo]

FYI, as someone who is in and out of many jails across this fair state (professional troublemaker), some jails have Magistrate Courts inside them. Be careful carrying into the Sheriff's Department of your county.

Also be careful on Police Department buildings. Many have a city or town court in them.

Best,

Joe

 

[Cwood]

Need to find out if the St Joe County Fairgrounds are owned by the county or not. They have a new no firearms allowed sign hanging on the entrance gates.

 

[fastwally]

The city of Peru, In still has it post on there web site under General Regulations 97.32.

http://www.amlegal.com/nxt/gateway.dll/Indiana/peru_in/titlexvlandusage?f=templates$fn=default.htm$3.0$vid=amlegal peru_in$anc=

 

[jedi]

Hum... is TFT trying to do a mass sue on all of them all at once?
=)