City Park No Gun Sign

[TheSpark]

I am aware that we are allowed to carry in city parks state wide due to state preemption. However, I seem to recall that it is "illegal" for them to have no gun signs despite the law. Is this true, anyone know the statue?

 

[Kirk Freeman]

Did you receive a summons for violating the policy?

The Indiana Court of Appeals has held that unless the city takes action to enforce, the ordinance is void and thus there is no need to remove the sign.

http://www.in.gov/judiciary/opinions/pdf/03151302nhv.pdf

 

[GodFearinGunTotin]

I don't think it's illegal for them to have the signs posted but they can get into trouble if they enforce it...but I may be misremembering it a bit.

 

[TheSpark]

Thanks, I thought there was an actual code in the law that said they can't have the signs. I was going to use it to try and get my city to take theirs down. Mostly because it leads people unaware of the law to the belief they can't carry there. Of course, I don't like it being there either.

 

[halfmileharry]

You can volunteer to remove the sign for the City Park or MAYBE they will allow you to put up your own sign saying they have a BS sign

 

[EyeCarry]

Brings to mind "You can't always believe what you read"....or see for that matter.

 

[WebSnyper]

I wrote to the Parks director where I lived when these laws came through and requested that the signs be removed/altered to help prevent someone trying to enforce it and opening up the possibility of lawsuit, which would in turn cost the taxpayers of my town $. They actually responded pretty quickly and several (I think there may still be one sign in one of the parks I wrote them about) were modified rather quickly. You'd be surprised how quickly you can get things done citing statute and concerns over liability. Bureaucrats use these arguments all the time, so I employed their own tactics.

 

[TheSpark]

I wrote to the Parks director where I lived when these laws came through and requested that the signs be removed/altered to help prevent someone trying to enforce it and opening up the possibility of lawsuit, which would in turn cost the taxpayers of my town $. They actually responded pretty quickly and several (I think there may still be one sign in one of the parks I wrote them about) were modified rather quickly. You'd be surprised how quickly you can get things done citing statute and concerns over liability. Bureaucrats use these arguments all the time, so I employed their own tactics.

Good point. I could write them saying an officer might see the sign as well going in and then detain/arrest someone illegally when they see them with a gun. Of course the officer would claim it is illegal due to the sign and the ordinance behind it not knowing state law. Then a lawsuit results.

 

[Titanium_Frost]

Good point. I could write them saying an officer might see the sign as well going in and then detain/arrest someone illegally when they see them with a gun. Of course the officer would claim it is illegal due to the sign and the ordinance behind it not knowing state law. Then a lawsuit results.

It's like deja vu all over again.

 

[SkinNFluff]

Good point. I could write them saying an officer might see the sign as well going in and then detain/arrest someone illegally when they see them with a gun. Of course the officer would claim it is illegal due to the sign and the ordinance behind it not knowing state law. Then a lawsuit results.

Also be sure to include that the sign could cause the normal park visitors who do not know the law to call 911 to report the legal activity. This action will not only cause unneeded calls to the 911 switch board which could slow down response times to actual emergencies, but would bring officers who will be on a heightened alert status which could lead to a law abiding park visitor getting harassed or even shot and killed.

 

[tbhausen]

This is good information... Think I'll have a look around Eagle Creek and other nearby parks and see whether the public (or LE) is being misled. Hope more of us take the time to do the same in our locales.

 

[TheSpark]

Also be sure to include that the sign could cause the normal park visitors who do not know the law to call 911 to report the legal activity. This action will not only cause unneeded calls to the 911 switch board which could slow down response times to actual emergencies, but would bring officers who will be on a heightened alert status which could lead to a law abiding park visitor getting harassed or even shot and killed.

Exactly. I conceal carry but I'm sure if someone went there open carrying it would prompt at least one 911 call because most people will notice the sign going into the park and automatically assume that is the law, not just an unenforceable policy/outdated sign.