High capacity mags illegal in South Bend????

[Yamaha]

I have been told they are illegal to carry and have noticed that the factory 17rd glock mags for the g17 are illegal to be purchased if you live in south bend. So my question is, can anyone up there tell me the ordinance or if it is in fact true, I would like a clarification on this. I wish to carry my g17 with me when I go visit friends in june.

So, anyone???

my magazines are not marked law enforcement only.

 

[BloodEclipse]

From what I have read on other forums it is an unenforceable law since it is more restrictive then State law. You might try going here and asking... if you do let us know what they say.
SBPD Ask A Cop

 

[Yamaha]

From what I have read on other forums it is an unenforceable law since it is more restrictive then State law. You might try going here and asking... if you do let us know what they say.
SBPD Ask A Cop

I will let you know, I actually love that ask a cop thing. pretty neat.

I suppose the answer will determine if I'll take the glock or colt with me(yay for pocket guns)


btw, thanks for the link

 

[AFA1CY]

A word of caution. Do not take anything the police or police blog tells you as fact. Police do make mistakes and sometimes will outright mislead you. A person asked Fort Wayne PD on their blog if you could open carry. They were told by the FWPD that it was ILLEGAL to OC. After some responses from those who know better the FWPD retracted the statement but still insisted that you should CC. If you have any questions about if something is legal contact a lawyer.

 

[TomN]

I've heard that there is some ordinance here prohibiting mags over 15 rounds, but I've never worried too much about it. I carry my G17 in South Bend all the time. Especially on the west side.

 

[IUGradStudent]

Local governments in Indiana can't regulate that sort of thing. You're good to go.

IC 35-47-11-2

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.

Indiana Code 35-47-11

 

[NateIU10]

State preemption makes the local ordinance unenforcable, you're good to go

 

[AFA1CY]

If you are going to quote the Indiana Code do the complete chapter.

IC 35-47-11-1
Applicability of chapter
Sec. 1. (a) Section 2 of this chapter applies to all units (as defined in IC 36-1-2-23). All other sections of this chapter apply to all units other than townships.
(b) This chapter applies only if a statute expressly grants a legislative body the authority to adopt an emergency ordinance under this chapter.
(c) 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.

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.

If a city (e.g. South Bend) has enacted the ordinance prior to January 1, 1994 is is valid.

 

[IUGradStudent]

My bad, my bad. Pre-1994 laws stay on the books. South Bend's law was much later though, right?

Interesting question: How many pre-1994 local ordinances are there in Indiana? Is Speedway's no-concealed carry ordinance pre-1994? Other others?

 

[Kirk Freeman]

IUGrad, the preemption statute was written to ensure that the cities with heavy populations of African-Americans could keep their firearms restrictions (e.g. Gary, Indiana).

 

[ryanmercer]

My bad, my bad. Pre-1994 laws stay on the books. South Bend's law was much later though, right?

Interesting question: How many pre-1994 local ordinances are there in Indiana? Is Speedway's no-concealed carry ordinance pre-1994? Other others?

Now I'm wondering about this too, as I live in Speedway. That law is from the 60's... *sighs* back to being paranoid about OC while around town.

 

[Yamaha]

Now I'm wondering about this too, as I live in Speedway. That law is from the 60's... *sighs* back to being paranoid about OC while around town.

I wouldn't be, its an old law in speedway that needs changed.


as for me, I haven't heard back from SBPD, so to heck with em. I'd tell em factory stuff should be an exception, plus I doubt they'd care if that law was truly aimed at minorities, as I'm in the majority......:rolleyesedit:

 

[benron]

I was in a motorcycle accident on apr 4 2008 here in Merrillville In,and i had my glock 19 with hi cap mags on me and the police officer who took my weapon didn't say anything to me about it,when i got out of the hospital[4 days later]i just went to the police station and picked my weapon up,with no problem.

 

[Yamaha]

I was in a motorcycle accident on apr 4 2008 here in Merrillville In,and i had my glock 19 with hi cap mags on me and the police officer who took my weapon didn't say anything to me about it,when i got out of the hospital[4 days later]i just went to the police station and picked my weapon up,with no problem.

ok, thanks