Has anyone heard the line?

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  • right winger

    Master
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    Aug 31, 2008
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    Hymera
    I was recently visiting Marion,Indiana.
    While showing a cousin my Glock .40 I was informed that carrying a chambered round was illegal in Marion.
    Upon my return home I emailed Marion P.D.
    I got a reply from a Lt.from the SWAT Team saying there was no such law.
    I also emailed the Grant County Sheriff and got the same response for any laws or rules for Grant County.
     

    Love the 1911

    Sharpshooter
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    6   0   0
    Oct 20, 2010
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    Glad you got that sorted out. I guess there could be some kind of local ordinance against such things but I would think it would only be a ticket. Being in Marion, I'd take my chance with a ticket, knowing that there may be more like Zack Randolph living there today.
     

    a.bentonab

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    May 22, 2009
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    Evansville
    No such law exists. In fact, it would be ILLEGAL for such a law to exist. Indiana State Code preempts local firearms ordinances, and Indiana Code says that municipalities can only make gun laws that apply to land the municipality actually owns or operates. This would include a park or something like city hall. Therefore, the town could have and enforce such a local ordinance in its park (like Indianapolis Parks do) but then again they might not.

    This is not the case in many other states, including IL. You could follow their state laws to the letter and still be found in violation of the law because their state codes do not preempt local ordinances.

    I or someone else will be along to quote the code here shortly.
     

    a.bentonab

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    May 22, 2009
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    Evansville
    IC 35-47-11-1
    Applicability of chapter
    Sec. 1. (a) This chapter applies to all units (as defined in IC 36-1-2-23).
    (b) This chapter does not affect the validity of an ordinance adopted before, and in effect on, January 1, 1994.
    As added by P.L.140-1994, SEC.13. Amended by P.L.90-2010, SEC.8.
    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.
    As added by P.L.140-1994, SEC.13. Amended by P.L.90-2010, SEC.9.

    I stand corrected, sort of. If the ordinance was in place before April of '94 it can still be in effect. I know of none, although I have heard rumors about Speedway outlawing concealed carry now that I think about it.
     

    jedi

    Da PinkFather
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    51   0   0
    Oct 27, 2008
    37,828
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    NWI, North of US-30
    I stand corrected, sort of. If the ordinance was in place before April of '94 it can still be in effect. I know of none, although I have heard rumors about Speedway outlawing concealed carry now that I think about it.


    The only 2 that I know of in NORTHERN INDIANA are the following:

    - City of East Chicago has a ban on "assault rifles".
    - City of Gary has a ban on "assault rifles".

    City of Gary is in the process of doing a code update and consolidation that will be avaliable on 01-01-2011. In keeping up with their codes I think they voted to remove that ban but the code was never updated and it should be reflected on their 01-01-2011 release. But not sure.

    City of East Chicago has never provided me with the code nor is there a way to see it online. :xmad:
     

    snowman46919

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    2   0   0
    Oct 27, 2010
    1,908
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    Marion
    I was recently visiting Marion,Indiana.
    While showing a cousin my Glock .40 I was informed that carrying a chambered round was illegal in Marion.
    Upon my return home I emailed Marion P.D.
    I got a reply from a Lt.from the SWAT Team saying there was no such law.
    I also emailed the Grant County Sheriff and got the same response for any laws or rules for Grant County.

    While this makes me laugh color me unsurprised. I work in marion, went to school in marion, and now try my best to keep my kids out of marion. The question of whether or not how dirty our drug task force and local pd comes up almost as often as things get swept under the rug if you catch my drift.
     

    jdhaines

    Master
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    4   0   0
    Feb 24, 2009
    1,550
    38
    Toledo, OH
    I stand corrected, sort of. If the ordinance was in place before April of '94 it can still be in effect. I know of none, although I have heard rumors about Speedway outlawing concealed carry now that I think about it.

    Was "April" a typo? Should be January 1st, 1994 correct? I've used this to throw out South Bend's gun laws numerous times as they passed theirs on February 21st, 1994 making them invalid. If it was a typo no biggy, if it was correct what makes you say April instead of January? I think April only applies to the business near a school part of the law.
     

    a.bentonab

    Expert
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    6   0   0
    May 22, 2009
    790
    18
    Evansville
    Was "April" a typo? Should be January 1st, 1994 correct? I've used this to throw out South Bend's gun laws numerous times as they passed theirs on February 21st, 1994 making them invalid. If it was a typo no biggy, if it was correct what makes you say April instead of January? I think April only applies to the business near a school part of the law.

    Yes you're correct. I saw the April date at the end and didn't realize that there were two different dates, I just ASSumed that it was the same date twice.

    Just curious, what do you mean by "throw out?" Are you a lawyer taking them to court over them? A concerned citizen trying to keep your politicians legal? You just ignore them (since they are illegal)?
     
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