Firearms in the Plainfield parks

[dwgr]

Does anybody know if I can carry a firearm within the Plainfield parks or along the trails?

 

[VUPDblue]

yes you can

 

[rnmcguire]

Yes

You absolutely can even though there may be signs saying otherwise. The signs are old and against current state law so disregard them.

 

[cp009]

You're good to go.

 

[AndersonIN]

Does anybody know if I can carry a firearm within the Plainfield parks or along the trails?

I would say the answer to YOUR question is YES! Several people do know!

 

[femurphy77]

I would say the answer to YOUR question is YES! Several people do know!

 

[WebSnyper]

Yes you can. If they have a no firearms sign, contact the director of the parks for them and inform them that they are in violation of state law and mention the codes below. I did this last year in Avon about the town hall park and the Washington township park and had a very rapid response and correction of the signs. (https://www.indianagunowners.com/fo...ks_dept_violating_sb_292_a-8.html#post2893511)

Don't turn it into anything but informing them that they are in violation and opening the town to potential liability. I got a little bit of a "think of the children response on one of my initial emails... but I got past that rather quickly by dealing only with the facts.


IC 3-5-2-38

"Political subdivision"
Sec. 38. "Political subdivision" means a county, city, town, township, school corporation, public library, local housing authority, fire protection district, public transportation corporation, local building authority, local hospital authority or corporation, local airport authority, special service district, special taxing district, or other type of local governmental corporate entity.
They may NOT make any ordinance, measure, enactment, rule, or policy regarding the ownership, possession, carrying, transportation, etc. of a firearm.
​

IC 35-47-11.1-2 ( Indiana Code 35-47-11.1 )

Political subdivision regulation of firearms, ammunition, and firearm accessories prohibited
Sec. 2. Except as provided in section 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.
IC 35-47-11.1-3
Voidance of political subdivision ordinances, measures, enactments, rules, policies, and exercises of proprietary authority
Sec. 3. Any provision of an ordinance, measure, enactment, rule, or policy or exercise of proprietary authority of a political subdivision or of an employee or agent of a political subdivision acting in an official capacity:
(1) enacted or undertaken before, on, or after June 30, 2011; and
(2) that pertains to or affects the matters listed in section 2 of this chapter; is void.



​

IC 35-47-11.1-5

Civil actions concerning political subdivision violations
Sec. 5. A person adversely affected by an ordinance, a measure, an enactment, a rule, or a policy adopted or enforced by a political subdivision that violates this chapter may file an action in a court with competent jurisdiction against the political subdivision for:
(1) declarative and injunctive relief; and
(2) actual and consequential damages attributable to the violation.
As added by P.L.152-2011, SEC.4.
​

IC 35-47-11.1-6

Civil actions; adversely affected persons
Sec. 6. A person is "adversely affected" for purposes of section 5 of this chapter if either of the following applies:
(1) The person is an individual who meets all of the following requirements:
(A) The individual lawfully resides within the United States.
(B) The individual may legally possess a firearm under the laws of Indiana.
(C) The individual is or was subject to the ordinance, measure, enactment, rule, or policy of the political subdivision that is the subject of an action filed under section 5 of this chapter. An individual is or was subject to the ordinance, measure, enactment, rule, or policy of the political subdivision if the individual is or was physically present within the boundaries of the political subdivision for any reason.
(2) The person is a membership organization that:
(A) includes two (2) or more individuals described in subdivision (1); and
(B) is dedicated in whole or in part to protecting the rights of persons who possess, own, or use firearms for competitive, sporting, defensive, or other lawful purposes.
As added by P.L.152-2011, SEC.4.

​

IC 35-47-11.1-7

Civil actions; recovery of damages, costs, and fees
Sec. 7. A prevailing plaintiff in an action under section 5 of this chapter is entitled to recover from the political subdivision the following:
(1) The greater of the following:
(A) Actual damages, including consequential damages.
(B) Liquidated damages of three (3) times the plaintiff's attorney's fees.
(2) Court costs (including fees).
(3) Reasonable attorney's fees.
As added by P.L.152-2011, SEC.4.​

 

[Boring2u]

I did this last year in Avon about the town hall park and the Washington township park

So I can carry my disc bag and my range bag with me to hit those chains. Perfect.

 

[Echelon]

The official rules for Hendricks Co. Parks say "No hunting or use of firearms". Does that mean I can carry it, I just can't USE it?

 

[CathyInBlue]

Ownership, possession, carry, transport, sale, etc. are all protected activities per IC 35-47-11.1-2(b). Use is not. As long as no one tries to interpret the "no use of firearms" language to include any of those protected activities, you're cool.

Carry a copy of IC 35-47-11.1-2 and -11.1-3 with you just in case.