Firemission! Brookville, IN BAN guns on city property

[millsusaf]

NRA-ILA :: Indiana: Brookville Bans Firearms on Town Owned Property!

Indiana: Brookville Bans Firearms on Town Owned Property!

Friday, November 20, 2009

Please Contact Your Council Members!

The Brookville Town Council recently passed an ordinance banning firearms on all property owned or leased by the town.


Your NRA contacted the town council and was referred instead to the town attorney, Michael Wilhelm. Mr. Wilhelm informed NRA that the ordinance can be repealed or revoked if town residents contact the Council and request a meeting to discuss the issue.


Please contact your town council members at (765) 647-3322 and let them know you want a town meeting to revisit and repeal this ordinance!


Town of Brookville, Ordinance No. 6 – 2009


“…be it resolved, by the Town Council of the Town of Brookville, Franklin County, Indiana as follows:


“No person shall carry or otherwise possesses [sic] a deadly weapon, as defined in Indiana Code 35-41-1-8, as amended, on any public property owned or leased by the town, or at any board meeting, hearing, or executive session of the Town of Brookville, regardless of whether the person has a permit to carry a weapon. The Town Council, in its discretion, reserves the right to subject all in attendance at a meeting, hearing, and/or session in which a contention [sic] issue will be discussed, to a pat down search or a metal detector wand search to verify compliance with this resolution. Said pad downs or metal detector wand searches shall be performed by a uniformed officer of the Town of Brookville Police Department or the Franklin County Sheriff’s Department.


“All police officers, from any jurisdiction, shall be exempt from this prohibition, with the exception that this resolution shall apply to any police officer that is the subject of a meeting, executive session, or hearing.


“If an individual is found carrying or otherwise in possession of a deadly weapon as defined in Indiana Code 35-41-1-8, as amended, on any public property owned or leased by the Town of Brookville, the Brookville Police Department is hereby authorized to confiscate the weapon and shall not return the weapon until the individual is no longer on town property.


“The provisions of all other ordinances, resolution or orders in conflict herewith are of no further force and effect and are hereby repealed to the extent any such conflict may exist.


“If any part of this ordinance shall be deemed or held invalid under the law, such part is hereby deemed severable and the invalidity of any part of this ordinance shall not affect the remaining party thereof.


“This ordinance shall be in full force and effect upon its date of passage and adoption, until such time as it may be repealed or amended by ordinance, and subject to any requirements for publication after passage or other requirement under the law.”


Brookville’s Town Council meets on the second and fourth Tuesday of each month at 7 PM. The Council’s NEXT MEETING will be November 24, 2009.


It is very important to contact your town council members at (765) 647-3322 and let them know you want a town meeting to repeal this gun ban ordinance.


Brookville Town Council members:


Mike Biltz - President
Rene Stivers - Vice President
Darrel Flaspohler
Sam Schuck
Linda Dunn - Clerk/Treasurer


Mailing address:
1020 Franklin Ave, Brookville, IN 47012

Brookville Attorney:
Mike Wilhelm
765-647-4161

 

[BloodEclipse]

NRA-ILA :: Indiana: Brookville Bans Firearms on Town Owned Property!

Indiana: Brookville Bans Firearms on Town Owned Property!

Friday, November 20, 2009

Please Contact Your Council Members!

The Brookville Town Council recently passed an ordinance banning firearms on all property owned or leased by the town.


Your NRA contacted the town council and was referred instead to the town attorney, Michael Wilhelm. Mr. Wilhelm informed NRA that the ordinance can be repealed or revoked if town residents contact the Council and request a meeting to discuss the issue.


Please contact your town council members at (765) 647-3322 and let them know you want a town meeting to revisit and repeal this ordinance!


Town of Brookville, Ordinance No. 6 – 2009


“…be it resolved, by the Town Council of the Town of Brookville, Franklin County, Indiana as follows:


“No person shall carry or otherwise possesses [sic] a deadly weapon, as defined in Indiana Code 35-41-1-8, as amended, on any public property owned or leased by the town, or at any board meeting, hearing, or executive session of the Town of Brookville, regardless of whether the person has a permit to carry a weapon. The Town Council, in its discretion, reserves the right to subject all in attendance at a meeting, hearing, and/or session in which a contention [sic] issue will be discussed, to a pat down search or a metal detector wand search to verify compliance with this resolution. Said pad downs or metal detector wand searches shall be performed by a uniformed officer of the Town of Brookville Police Department or the Franklin County Sheriff’s Department.


“All police officers, from any jurisdiction, shall be exempt from this prohibition, with the exception that this resolution shall apply to any police officer that is the subject of a meeting, executive session, or hearing.


“If an individual is found carrying or otherwise in possession of a deadly weapon as defined in Indiana Code 35-41-1-8, as amended, on any public property owned or leased by the Town of Brookville, the Brookville Police Department is hereby authorized to confiscate the weapon and shall not return the weapon until the individual is no longer on town property.


“The provisions of all other ordinances, resolution or orders in conflict herewith are of no further force and effect and are hereby repealed to the extent any such conflict may exist.


“If any part of this ordinance shall be deemed or held invalid under the law, such part is hereby deemed severable and the invalidity of any part of this ordinance shall not affect the remaining party thereof.


“This ordinance shall be in full force and effect upon its date of passage and adoption, until such time as it may be repealed or amended by ordinance, and subject to any requirements for publication after passage or other requirement under the law.”


Brookville’s Town Council meets on the second and fourth Tuesday of each month at 7 PM. The Council’s NEXT MEETING will be November 24, 2009.


It is very important to contact your town council members at (765) 647-3322 and let them know you want a town meeting to repeal this gun ban ordinance.


Brookville Town Council members:


Mike Biltz - President
Rene Stivers - Vice President
Darrel Flaspohler
Sam Schuck
Linda Dunn - Clerk/Treasurer


Mailing address:
1020 Franklin Ave, Brookville, IN 47012

Brookville Attorney:
Mike Wilhelm
765-647-4161

Whew there for a moment I thought this applied to all of us with LTCH but I was wrong. I have a license not a PERMIT.

“No person shall carry or otherwise possesses [sic] a deadly weapon, as defined in Indiana Code 35-41-1-8, as amended, on any public property owned or leased by the town, or at any board meeting, hearing, or executive session of the Town of Brookville, regardless of whether the person has a permit to carry a weapon.

 

[Beau]

Whew there for a moment I thought this applied to all of us with LTCH but I was wrong. I have a license not a PERMIT.

I caught that too. Wanna go test it together?

I'm confused. Can they charge you with anything?

“If an individual is found carrying or otherwise in possession of a deadly weapon as defined in Indiana Code 35-41-1-8, as amended, on any public property owned or leased by the Town of Brookville, the Brookville Police Department is hereby authorized to confiscate the weapon and shall not return the weapon until the individual is no longer on town property.

According to this they just confiscate until you are no longer on town property.

What is considered town property?

“No person shall carry or otherwise possesses [sic] a deadly weapon, as defined in Indiana Code 35-41-1-8, as amended, on any public property owned or leased by the town

This makes it sound like anywhere that is not private property. Sidewalks, roads, parks, are these all considered town property? Wouldn't pre-emption make this an illegal ordinance?

 

[Hoosier8]

Do you have to go on town property to get your weapon back?

 

[henktermaat]

So now only cops and criminals can carry on town property.

 

[rambone]

I think I've discovered a loophole. The "town" doesn't own anything, the taxpayers own it.

 

[Farmritch]

We broke this down in Mishawaka last spring
But it took people w/common sense attending the hearings and making valid points. they finally realised that the law would be all inclusive which would be very vague

 

[jedi]

Under IC "local governments underneaath the state level" (ie. towns, cities, county, etc..) have the restrict (read BAN) firearms on "real property" (ie. buldings, parks) that they own or manage.

In essence if this resolution passes no one, unless you fall within their expetions, will be able to have a firearm on them (OC, CC) inside any Brookvesville building (ie. city hall, etc..).

Since this is a ordinance the punishment would be a fine (think a ticket you have to pay) and the confiscation of your firearm until you obey the ordinace. (ie pay the $$$)

BTW I AM NOT A LAYWER AND THIS IS NOT LEGAL ADVISE.

 

[IndyGunSafety]

this has been a hot topic for many of us, including the Indiana Second Amendment Patriots. The trouble is, nobody from BROOKVILLE seems to care. We never hear from them. I posted the meeting announcement a while back, and others have posted stuff from the SAP. SAP said the same thing: If anyone in Brookville will stand up, we will stand with you. Crickets.

 

[jedi]

Does the SAP have a NWI chapter?

 

[Jack Ryan]

this has been a hot topic for many of us, including the Indiana Second Amendment Patriots. The trouble is, nobody from BROOKVILLE seems to care. We never hear from them. I posted the meeting announcement a while back, and others have posted stuff from the SAP. SAP said the same thing: If anyone in Brookville will stand up, we will stand with you. Crickets.

Crickets.

You said it.

I was looking for any one from Brookville in this thread when I ran across your comment. Crickets. I'm not in or from Brookville. I see Fischers, NWI, a bunch of other places and a comment something like "The people in Brookville don't seem to care."

Do any of you guys know the definition of a carpet bagger?

How would you like Brookvillians running in to your town meeting telling ya'all how stupid you are for not doing things the way they do in Brookville? Take a little of Ann Landers favorite advice and MYOFB. I see why there's threads full of people with all kinds of big stories about there big day open carrying their guns and educating the public every where they go and yet I pack my gun on my belt all over Bloomington, the mall, downtown, out the the strip mall by 37, Bedford, Orleans, Rushville or where ever and never draw the first comment in months of doing it.

I don't wear it like a sign saying I'm looking for an issue.

 

[jedi]

4 Jack Ryan -->

1) It could be that gun owners in brookville does not about INGO
or
2) It could be that there are no gun owners in brookville
or

From my reading of IndyGuySafety's post it appears that SAP and other groups are nt going to "help" in oppose the current bill becuase nobody from brookville opposed it.

 

[millsusaf]

4 Jack Ryan -->

1) It could be that gun owners in brookville does not about INGO
or
2) It could be that there are no gun owners in brookville
or

From my reading of IndyGuySafety's post it appears that SAP and other groups are nt going to "help" in oppose the current bill becuase nobody from brookville opposed it.

I think there are a lot of gun owners who have no idea INGO exists.

The board may have it's issues but I'm glad we have it. MANY states do not have enough interest in their state to even have a board.

 

[mallcop]

Hendricks County's Danville did this a few years ago. No weapons in or on town property. It includes the parks that are quite large with nature trails ect. I don't understand it. Never been a problem with people and guns on town property and then..poofff...ban them.

 

[phatgemi]

I live near Brookville (14 miles) and am a resident of Franklin County of which Brookville is the county seat. This ordinance was slid thru under the radar so to speak. I have been trying to drum up some support for opposition but as stated in other posts, NO ONE from the town of Brookville seems to be interested. According to the town attorney, a RESIDENT of the town can request to be put on the agenda at the town council meeting and speak regarding this. He/she could also have someone speak on their behalf. So far NOTHING. Not sure what will happen, but still trying.

 

[jim b]

Phatgemi, I am in the same situation. I live near Metamora as well an even though I am in Franklin county and am in the town of Brookville all the time it sounds like I have no say on the issue. Have you by chance talked to the owners of the new gun shop in town?
Hell, if we could just get somebody in town to put it on the aggenda i would be glad to speak.

 

[Lars]

Tell me how what Brookville just passed isn't in direct violation of:

Indiana Code 35-47-11-12

IC 35-47-11-2
Regulation of firearms by units other than townships
Sec. 2. Notwithstanding IC 36-1-3, a unit may not regulate in any manner the ownership, possession, sale, transfer, or transportation of firearms (as defined in IC 35-47-1-5) or ammunition except as follows:
(1) This chapter does not apply to land, buildings, or other real property owned or administered by a unit, except highways (as defined in IC 8-23-1-23) or public highways (as defined in IC 8-2.1-17-14).
(2) Notwithstanding the limitation in this section, a unit may use the unit's planning and zoning powers under IC 36-7-4 to prohibit the sale of firearms within two hundred (200) feet of a school by a person having a business that did not sell firearms within two hundred (200) feet of a school before April 1, 1994.
(3) Notwithstanding the limitation in this section, a legislative body of a unit other than a township may adopt an emergency ordinance or a unit other than a township may take other action allowed under section 6 of this chapter to regulate the sale of firearms anywhere within the unit for a period of not more than seventy-two (72) hours after the regulatory action takes effect.
As added by P.L.140-1994, SEC.13.

 

[BloodEclipse]

(1) This chapter does not apply to land, buildings, or other real property owned or administered by a unit, except highways (as defined in IC 8-23-1-23) or public highways (as defined in IC 8-2.1-17-14).

So driving through town is ok, but stop at the city building and you are in violation.

 

[jim b]

So driving through town is ok, but stop at the city building and you are in violation.

That's part of the problem. How are we to know what is city property? Is all city property going to be posted? There is a very nice park in town that is frequently visited by fisherman from Indy, Cincy, and other areas. I am assuiming this is city property but I am not for sure. What about the parking lots off of main street? If i park there with a gun in my truck am I in violation?
I have done some more reading on some other posts here regarding this. i will be calling the city attorney tomorrow and hopefully get some more information.

 

[Scutter01]

We need true statewide pre-emption. This nickle-and-dime business is for the birds.