South Bend, IN

[HoughMade]

Here is select text from the letter I am sending:

It is my understanding that your company has a policy that it will not ship magazines with a capacity of over 15 rounds to South Bend, Indiana. Certainly, I have no issue with your company establishing policies for itself. However, it is my further understanding that this policy is based upon a belief that magazines with a capacity over 15 rounds are illegal to own in South Bend. That is not the case.


I would like to take a few moments of your time to explain Indiana law on this issue so that this misunderstanding can be resolved. Clearly, many residents of South Bend are loyal customers of your company and prefer to do business with it for their magazine needs. I hope I can be of assistance to them and your company in this regard. By way of introduction, I am an avid shooter and have been an Indiana licensed attorney for over 15 years....


Formerly, South Bend’s Municipal Code restricted the possession of magazines with a capacity exceeding 15 rounds. In 2011, the South Bend Municipal Code was amended to remove this restriction on the possession of magazines with a capacity exceeding 15 rounds and to remove several other restrictions as well. Under the former South Bend Municipal Code, section 13-95(b) defined certain kinds of firearms and accessories as “assault weapons”. Section 13-97 of the former code restricted the manufacture or possession of the so-called “assault weapons” and magazines with a capacity in excess of 15 rounds.


On June 27, 2011, the City of South Bend enacted an ordinance, Ordinance No. 10098-11, §VI. This ordinance repealed sections 13-95 and 13-97 cited above. The former section 13-95 was repealed and replaced with a section dealing with the display of firearms at a public meeting and section 13-97 has been repealed in its entirety and not replaced. Simply put, as of June 27, 2011, there were no longer any restrictions on the possession of magazines of any capacity in the City of South Bend. I have included a copy of South Bend Municipal Code Article 10, section 13, for your reference.


South Bend Municipal Ordinance No. 10098-11 §VI., repealing the former magazine restriction, was enacted to bring the City of South Bend into compliance with Indiana Law. On July 1, 2011, Indiana Code §35-47-11.1-2 took effect. I have reproduced the same for you here:


35-47-11.1-2. Local regulation prohibited.


Except as provided in section 4 [IC 35-47-11.1-4] of this chapter, a political subdivision may not regulate:


(1) firearms, ammunition, and firearm accessories;


(2) the ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories; and


(3) commerce in and taxation of firearms, firearm ammunition, and firearm accessories.

Under this statute, the City of South Bend, which is a “political subdivision” of the State of Indiana (under Indiana law, every municipality is a “political subdivision”, See, J.A.W. v. Marion County Dep't of Pub. Welfare, 687 N.E.2d 1202, 1208 (Ind. 1997)), may not regulate commerce in, or possession of, firearms or firearm accessories, such as magazines. By passing Municipal Ordinance No. 10098-11 § VI. and repealing its restrictions, South Bend was simply bringing itself into compliance with state law. Finally, to head off any questions about the exception provided by Ind. Code § 35-47-11.1-4 referred to above, that section contains a list of certain regulations which may be in place, but it does not provide for any restrictions on the sale or possession of magazines. I have included copies of Ind. Code §§ 35-47-11.1-2 and 4 for your review.

This is not a matter where there is a conflict between state law and city law. I am not asking you to choose to follow state law rather than local law. Simply put, there is no local law in South Bend which limits the magazines a person may buy or possess. South Bend repealed that law years ago. There is no Indiana law restricting the sale or possession of magazines.


Your company’s policy includes the following statement:


Customers ordering magazines that are illegal to own in their state will have their orders canceled and will be charged a 5% restocking fee.


Not only is the possession of magazines with a capacity in excess of 15 rounds not illegal in the State of Indiana, it is not illegal in the City of South Bend and has not been for over two (2) years. I would simply ask that you honor the sale of magazines to the residents of South Bend, Indiana as there is no legal requirement to deny such sales. Further, I would request that if you choose not to honor these sales for some reason, that you not charge a restocking fee under this provision of your policy as there is absolutely nothing illegal about the sale or possession of any capacity magazine in the State of Indiana or the City of South Bend.

If you have any questions about this matter or would like to discuss it further, please do not hesitate to contact me. If you would prefer that your company’s attorney discuss this matter with me, that would be fine as well. My sole purpose in writing this letter is to clear up a misconception about Indiana and South Bend law such that residents of South Bend may freely do business with your company. I have heard good reports about Palmetto State Armory and simply wish to clear the path for all of my fellow Hoosiers to do business with your company.

 

[Kev]

Thanks for the persistance on this. I will be watching the outcome closely!

 

[Kirk Freeman]

The letter is drafted and awaiting final revisions. It will hopefully go out today. I will post pertinent sections of the text here when it is finalized.

Is there an over/under on "whereas"es?

 

[HoughMade]

Is there an over/under on "whereas"es?

Whatever it was, I hope you took the "under"

Now, with the research done and the letter drafted, if anyone knows of another vendor with similar South Bend issues, please let me know. In for a penny; in for a pound.

 

[red_zr24x4]

Whatever it was, I hope you took the "under"

Now, with the research done and the letter drafted, if anyone knows of another vendor with similar South Bend issues.

I'm thinking sportsmens guide, cheaper than dirt, and a few others also had the same no mags to SB

 

[copo]

CTD will sell high cap mags to South Bend addresses I bought some earlier this year

 

[SouthernStar25]

Went up to South Bend on business not too long ago. It reminded me of a scaled down version of Detroit.

 

[Amkriz]

Remember there is a difference between a law and an ordinance. Infraction of an ordinance is not criminal. However neglecting to pay a fine associated with an infraction of an ordinance is.

 

[HoughMade]

.....and........

 

[Hoosierdood]

Remember there is a difference between a law and an ordinance. Infraction of an ordinance is not criminal. However neglecting to pay a fine associated with an infraction of an ordinance is.

Still trying to figure out what this has to do with this particular discussion.

 

[LockStocksAndBarrel]

Remember that there is a difference between icing on a cake and icing on a cupcake. You can eat them both but one is bigger than the other.

So there!

 

[Degtyaryov]

Wasn't the mook currently in charge of the brady bunch the mayor of SB at one point? That would explain some things

 

[lucky4034]

I found this. Not sure if it is out dated though as it appears to be from 1994

Here is a snip from the South Bend Code book

I'm glad you posted these!!! I've unknowingly broken the "possess 15+ round 'assault weapon' mag rule" on a couple of occasions.... now I know better.

 

[Bill of Rights]

Wasn't the mook currently in charge of the brady bunch the mayor of SB at one point? That would explain some things

No, the mook you're thinking of resigned that position a while back. Now he's got a teaching job at IU Bloomington, along with his buddy Dick Lugar.

Paul Helmke is a boil on the a** of Indiana.... And Dick Lugar is the closest natural aperture to him.

Blessings,
Bill

 

[Yeaht0ast]

So have these laws "expired"? I was unaware of any of these laws, not to mention I like"ed" to build AK's. Is section 13-93 still valid also?

 

[HoughMade]

So have these laws "expired"? I was unaware of any of these laws, not to mention I like"ed" to build AK's. Is section 13-93 still valid also?

Repealed.

 

[Tsssst]

I just got a Palmetto email on this topic yesterday. After looking all over for this ordinance I thought to search here at INGO. I guess I have letters to write and things to cite.