Greenwood/Johnson County Weapons Restrictions in Parks

[jsgolfman]

Ok, maybe I am just missing it, but I was sure the parks in Greenwood were no weapons zones and I was going to write both the county and city about the new laws but I can't find anything restricting weapons in either the Greenwood municipal code or Johnson County code. The only restrictions I can find are for Johnson county and it is in regards to courthouses, their annexes, detention center and animal shelter(?).

http://www.co.johnson.in.us/johnson..._updated_ordinances_Current_As_Of_26May11.pdf

City of Greenwood, Indiana / Website Tools - Browse Documents

 

[a.bentonab]

So the courthouse stuff is obvious. But the animal shelter is included because it is "any building under the jurisdiction of the County Board of Commissioners." Getting rid of town ordinances like this is exactly the point of all the new July 1 laws. Also, at the end it says it will be enforced pursuant to IC 34-4-32. I searched at IN.gov and as far as I can tell there is no IC 34-4-32. That prohibition is certainly an illegal one.



§ 35-2-1-2 RESTRICTIONS.
Except as provided in § 35-2-1-3 below, a person shall not possess on or about his or her
person a deadly weapon or firearm within any building under the jurisdiction of the
County Board of Commissioners:
Johnson County Courthouse
5 East Jefferson Street
Franklin, Indiana
Johnson County West Annex
86 West Court Street
Franklin, Indiana
Johnson County North Annex
34 West Jefferson Street
Franklin, Indiana
Johnson County Juvenile Detention Center
1121 Hospital Road
Franklin, Indiana
Johnson County Animal Shelter
2160 Graham Road
Franklin, Indiana
(Ord. 95-19, passed 6-26-1995)Johnson County, IN Code of Ordinances
243
§ 35-2-1-3 EXCEPTIONS.
Section 35-2-1-2 above does not apply to law enforcement officers as defined by I.C. 35-
41-1-17; State Department of Correction officers, duly elected or appointed judicial or
probation officers, Community Corrections staff, or employees of the United States duly
authorized to carry deadly weapons or firearms. The persons described in this section as
being exempt from the provisions of this chapter shall not be exempt if they, or any of
them, are a party to any preceding taking place in court. Officers not on regular duty, but
who may be in the courthouse on special assignment, or on business not associated with
their official duties, shall also be exempt from the ordinance unless they, or any one of
them, come within the provision of the second sentence of this section.
(Ord. 95-19, passed 6-26-1995)
§ 35-2-1-4 PENALTY.
Any person violating the provisions of § 35-2-1-2 above shall be subject to the penalty
imposed for a Class C infraction as provided in I.C. 34-4-32-4(c) and be subject to having
the deadly weapon or firearm confiscated by the proper law enforcement officials and
shall be eligible to retrieve the deadly weapon or firearm after a waiting period of 48
hours. This article shall be enforced pursuant to the provisions of I.C. 34-4-32.
(Ord. 95-19, passed 6-26-1995

 

[Lucas156]

tag for later reading

 

[Mr. Habib]

So the courthouse stuff is obvious. But the animal shelter is included because it is "any building under the jurisdiction of the County Board of Commissioners." Getting rid of town ordinances like this is exactly the point of all the new July 1 laws. Also, at the end it says it will be enforced pursuant to IC 34-4-32. I searched at IN.gov and as far as I can tell there is no IC 34-4-32. That prohibition is certainly an illegal one.



§ 35-2-1-2 RESTRICTIONS.
Except as provided in § 35-2-1-3 below, a person shall not possess on or about his or her
person a deadly weapon or firearm within any building under the jurisdiction of the
County Board of Commissioners:
Johnson County Courthouse
5 East Jefferson Street
Franklin, Indiana
Johnson County West Annex
86 West Court Street
Franklin, Indiana
Johnson County North Annex
34 West Jefferson Street
Franklin, Indiana
Johnson County Juvenile Detention Center
1121 Hospital Road
Franklin, Indiana
Johnson County Animal Shelter
2160 Graham Road
Franklin, Indiana
(Ord. 95-19, passed 6-26-1995)Johnson County, IN Code of Ordinances
243
§ 35-2-1-3 EXCEPTIONS.
Section 35-2-1-2 above does not apply to law enforcement officers as defined by I.C. 35-
41-1-17; State Department of Correction officers, duly elected or appointed judicial or
probation officers, Community Corrections staff, or employees of the United States duly
authorized to carry deadly weapons or firearms. The persons described in this section as
being exempt from the provisions of this chapter shall not be exempt if they, or any of
them, are a party to any preceding taking place in court. Officers not on regular duty, but
who may be in the courthouse on special assignment, or on business not associated with
their official duties, shall also be exempt from the ordinance unless they, or any one of
them, come within the provision of the second sentence of this section.
(Ord. 95-19, passed 6-26-1995)
§ 35-2-1-4 PENALTY.
Any person violating the provisions of § 35-2-1-2 above shall be subject to the penalty
imposed for a Class C infraction as provided in I.C. 34-4-32-4(c) and be subject to having
the deadly weapon or firearm confiscated by the proper law enforcement officials and
shall be eligible to retrieve the deadly weapon or firearm after a waiting period of 48
hours. This article shall be enforced pursuant to the provisions of I.C. 34-4-32.
(Ord. 95-19, passed 6-26-1995

Looks like 34-4-32-4 was repealed.
IC 34-28-5
Chapter 5. Infraction and Ordinance Violation Enforcement Proceedings
IC 34-28-5-0.2
Application of certain amendments to prior law
Sec. 0.2. The amendments made to IC 34-4-32-1 (before its repeal, now codified at section 1 of this chapter) by P.L.309-1985 do not apply to violations occurring before April 9, 1985.
As added by P.L.220-2011, SEC.562.

 

[jsgolfman]

Ok, so I am not senile. There is nothing in the muni or county codes that restrict carry in the parks. Good.

 

[ArcadiaGP]

I OC through Craig Park quite often while walking the dog.

There's a police station/courthouse just across the street. I've yet to have a problem

 

[Indy_Guy_77]

I OC through Craig Park quite often while walking the dog.

There's a police station/courthouse just across the street. I've yet to have a problem

If I see you...I'll be sure to shoot you first because you're OCing and ruining my tactical advantage of CCing.

 

[Scutter01]

Looks like 34-4-32-4 was repealed.
IC 34-28-5

Heh...Looks like it was repealed 13 years ago. I think they need to update their records.

IC 34-4
ARTICLE 4. REPEALED
(Repealed by P.L.1-1998, SEC.221.)

 

[jgreiner]

Ok, so I am not senile. There is nothing in the muni or county codes that restrict carry in the parks. Good.

there very well may be. we have some here in Tippecanoe county that are in VIOLATION of Indiana state Statute. They are being revised.

I would POLITELY inform them of the law change as of July 1.

 

[GPD177]

Dang it GPIA7r, I am going through there all time in my JBT mobile and I have never noticed you , GRRRRR, I will must be slipping in my JBT-hugging ability,

 

[a.bentonab]

§ 35-2-1-2 RESTRICTIONS.
Except as provided in § 35-2-1-3 below, a person shall not possess on or about his or her
person a deadly weapon or firearm within any building under the jurisdiction of the
County Board of Commissioners:
Johnson County Courthouse
5 East Jefferson Street
Franklin, Indiana
Johnson County West Annex
86 West Court Street
Franklin, Indiana
Johnson County North Annex
34 West Jefferson Street
Franklin, Indiana
Johnson County Juvenile Detention Center
1121 Hospital Road
Franklin, Indiana
Johnson County Animal Shelter
2160 Graham Road
Franklin, Indiana
(Ord. 95-19, passed 6-26-1995)Johnson County, IN Code of Ordinances
243
§ 35-2-1-3 EXCEPTIONS.
Section 35-2-1-2 above does not apply to law enforcement officers as defined by I.C. 35-
41-1-17; State Department of Correction officers, duly elected or appointed judicial or
probation officers, Community Corrections staff, or employees of the United States duly
authorized to carry deadly weapons or firearms. The persons described in this section as
being exempt from the provisions of this chapter shall not be exempt if they, or any of
them, are a party to any preceding taking place in court. Officers not on regular duty, but
who may be in the courthouse on special assignment, or on business not associated with
their official duties, shall also be exempt from the ordinance unless they, or any one of
them, come within the provision of the second sentence of this section.
(Ord. 95-19, passed 6-26-1995)
§ 35-2-1-4 PENALTY.
Any person violating the provisions of § 35-2-1-2 above shall be subject to the penalty
imposed for a Class C infraction as provided in I.C. 34-4-32-4(c) and be subject to having
the deadly weapon or firearm confiscated by the proper law enforcement officials and
shall be eligible to retrieve the deadly weapon or firearm after a waiting period of 48
hours. This article shall be enforced pursuant to the provisions of I.C. 34-4-32.
(Ord. 95-19, passed 6-26-1995

Ok, so I am not senile. There is nothing in the muni or county codes that restrict carry in the parks. Good.

Well not parks. But it is still an illegal law. Oxymorons are funny.

 

[Deadly Z Driver]

there very well may be. we have some here in Tippecanoe county that are in VIOLATION of Indiana state Statute. They are being revised.

I would POLITELY inform them of the law change as of July 1.

What he said...nuff said.

 

[mrortega]

I've read several threads about municipalities planning on changing their ordinances to be in compliance with SB292. My questions is if they haven't done that yet or are in the process of doing it now wouldn't state law override as of 7-1-11? And isn't changing their ordinances just an exercise in cleaning up codes?

 

[Indy_Guy_77]

And isn't changing their ordinances just an exercise in cleaning up codes?

I think that's the case in several instances. I'd imagine the possibility exists, though, of some deep-rooted resentment of the new law, however, that'd manifest itself in some kind of tardiness on amending / striking old laws.

 

[Hammerhead]

I think the idea is they're wanting to change their ordinances because of the penalty involved in the IC for enforcing them.

They don't want to pay damages for people being falsely hassled or arrested because of now defunct lines in their city codes.

 

[Hotdoger]

Dang it GPIA7r, I am going through there all time in my JBT mobile and I have never noticed you , GRRRRR, I will must be slipping in my JBT-hugging ability,

You seem to be having situation awareness issues.

 

[Glock32j]

So what happens when you get caught carrying?

 

[Scutter01]

So what happens when you get caught carrying?

Nothing. It's not illegal. If they try to arrest you for it, SEA292 allows you to sue for damages.

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.