Local Prohibition of Firearms

[eldirector]

The dept of workforce development on W. 10th st. has a sign up saying that you're subject to arrest for carrying.

Unfortunately, State entities are not effected by the preemption statute. Yet.

 

[rw496]

I am pretty sure Gary still has an ordinance of no assault style rifles in the city in vehicles. I would prefer if you didn't fight that one though, in general.

 

[EvilBlackGun]

Can you cite ...

... how they define "assault style rifle" ??

I am pretty sure Gary still has an ordinance of no assault style rifles in the city in vehicles. I would prefer if you didn't fight that one though, in general.

 

[EvilBlackGun]

What ....

... is the legal definition of "dusk"? Is there any I.C. for this?

Perhaps there is something on the back that says it only applies to Englishmen who don't yet have their citizenship

 

[moischmoe]

The dept of workforce development on W. 10th st. has a sign up saying that you're subject to arrest for carrying.

Unfortunately, State entities are not effected by the preemption statute. Yet.

Why is it illegal to carry at the Dept of Workforce Development? Is this in the IC somewhere? I was unaware of any laws that would make carrying there illegal. If there is one, please cite it.

 

[GuyRelford]

I am pretty sure Gary still has an ordinance of no assault style rifles in the city in vehicles. I would prefer if you didn't fight that one though, in general.

I thought this actually prohibited all semi-automatic rifles. I'd love to know if that ordinance is still in place.

Guy

 

[fullmetaljesus]

Im sorry for being dense, but i tried reading the law that went effective in july of last year and did not quite understand it. can some one give me the real quick "explain it like im 5" version of it?

 

[Timjoebillybob]

I thought this actually prohibited all semi-automatic rifles. I'd love to know if that ordinance is still in place.

Guy

It's still listed in the municipal code on their website.
The Office of the Gary City Clerk - Gary Municipal Code

Sec. 28-108. - Assault weapons sale or possession prohibited.
(a)
Subject to subsection (c) of this section, the term "assault weapon" as used in this section, shall include:
(1)
Any automatic-action, center-fire rifle or carbine which accepts a detachable magazine with a capacity of 20 rounds or more, including but not limited to the following firearms or their copies: AR15 semiautomatic assault rifles, USI semiautomatic assault rifles or carbines, Ingram MAC-10 semiautomatic assault carbines, Ingram MAC-11 semiautomatic assault carbines, Heckler and Koch 93 semiautomatic assault rifles, Heckler and Koch 91 semiautomatic assault rifles, AK-47 semiautomatic assault rifles, AKM-47 semiautomatic assault rifles, all Automat Kalashnikov weapons, M1-A semiautomatic assault rifles, M-14 semiautomatic assault rifles, Thompson semiautomatic carbines and any other semiautomatic carbines;
(2)
Any weapon which may be readily restored to an operable assault weapon, as described in subsection (a)(1) of this section; and
(3)
Any part, or combination of parts, designed or intended to convert a weapon into an assault weapon, as defined in subsection (a)(1) of this section, or any combination of parts from which an assault weapon may be readily assembled, if those parts are in the possession or under the control of the same person.
(b)
As used in this section, the term "semiautomatic" means a weapon which fires a single projectile for each single pull of the trigger and which employs a magazine.
(c)
The term "assault weapon" does not include any of the following:
(1)
Any of the above generally and specifically described weapons which is a machine gun, any pistol, revolver or other firearm which is capable of being concealed upon one's person.
(2)
Any of the following: weapons, which do not use fixed ammunition, weapons which were manufactured prior to 1898, manually operated bolt-action weapons, lever action weapons, slide-action weapons, single-shot weapons, semiautomatic weapons which use exclusively Manalicher-style clips, semiautomatic weapons manufactured prior to 1954, or rim-fire weapons that employ a tubular magazine.
(3)
Any assault weapon which is an antique or relic firearm.
(4)
Any short-barreled rifle or shotgun.
(5)
Any assault weapon which has been modified either to render it permanently inoperable or to permanently make it a device no longer defined as an assault weapon.
(d)
Except as specified in subsections (e) and (f),of this section, no person, including wholesale and retail gun dealers, shall sell, offer, display for sale, give, lend or transfer ownership of, or possesses any assault weapon.
(e)
Nothing in this section shall prohibit the acquisition, possession, or disposition by police department, sheriff's offices, marshal's offices, state police, other local, state and federal law enforcement agencies, or the military and naval forces of this state or of the United States for use in the discharge of their official duties; nor shall anything in this section prohibit the possession of assault weapons or magazines therefor by regular, salaried, fulltime officers, employees or agents thereof when in duty and the use of assault weapons is within the scope of their duties.
(f)
Notwithstanding the provision of subsection (d) of this section:
(1)
Any person who obtains title to an assault weapon by bequest or an interstate succession may retain possession for a period of time not to exceed six months, and shall within that time transfer title of the weapon to a dealer.
(2)
Any assault weapon may be possessed by any federal, state or local historical society, museum or institutional collection which is open to the public, provided any such weapon is properly housed, secured from unauthorized handling and is unloaded.
(g)
In addition to all penalties, weapons that are in violation of this section shall be confiscated and destroyed.

(Ord. No. 6339B, §§ I—II, 6-20-1989)​

State law reference— Local regulation of firearms, IC 35-47-11-1.​

There is also this.

Sec. 28-4. - Parental neglect.
(a)
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Criminal act means those acts which violate the state law or the ordinances of the city and shall not include traffic violations.​

Minor means any juvenile under the age of 17 years residing with the parent.​

Parents means mother, father, legal guardian, and any other person having the care or custody of a minor, or any other adult with whom a minor may be found residing.​

(b)
It shall be unlawful for the parent of any minor to fail to exercise parental control which results in the minor committing any criminal act, which allows or encourages any criminal act, or which results in the minor becoming delinquent in accordance with the juvenile code as it pertains to juveniles. Failure to exercise parental control shall include, but not be limited to, the following:


(7)
Knowingly permitting the minor to carry or possess firearms except and unless he is a licensed hunter in the company of an adult in direct route to a hunting site.

(Code 1989, § 132.04; Ord. No. 4645, 5-23-1972) (​

I'm pretty sure state law allows for possession in more than just this one instance.

 

[eldirector]

Why is it illegal to carry at the Dept of Workforce Development? Is this in the IC somewhere? I was unaware of any laws that would make carrying there illegal. If there is one, please cite it.

It isn't illegal. They have a policy against it. Because they are a State, rather than local, government entity, they are allowed to have a policy.

 

[Timjoebillybob]

Im sorry for being dense, but i tried reading the law that went effective in july of last year and did not quite understand it. can some one give me the real quick "explain it like im 5" version of it?

Basically only the state can regulate possession/carry/sale etc. of firearms, ammo and ammo components and accessories. With a very few exceptions. Such as city/county ordinances against discharging a firearm, or carry in a courthouse, and open carry at a "public meeting" I believe but am not a lawyer that this applies to things such as city/county council meetings and such. And they can prohibit firearms in any publicly owned building that has metal detectors and sworn LEO operating them, but this does not apply to LTCH holders. So if they have metal detectors that check everyone and check bags/purses/etc of everyone, they can prohibit you ,from walking in with a cap and ball pistol or a long gun if you don't have an LTCH. And a very few Co owned hospitals, the only one that I know of that meets the requirements is Wishard. ETA Wishard is under another exception, I think any city/county owned hospital can prohibit carry, but there are only a couple in the state.

Localities can I believe have local ordinances that mimic state law on firearms, but can not exceed state code.

 

[moischmoe]

It isn't illegal. They have a policy against it. Because they are a State, rather than local, government entity, they are allowed to have a policy.

Ah, that makes sense. Well then, their sign stating that you can be arrested for carrying is a little misleading.

 

[rw496]

I thought this actually prohibited all semi-automatic rifles. I'd love to know if that ordinance is still in place.

Guy

I was told verbally and unofficially it was no "altered semi-automatic rifles." I was told "altered" meant no after-market parts such as extended mag, stock, flash suppressor, etc. I will try to find out officially and get a hard copy as sooon as I can.

 

[GuyRelford]

I was told verbally and unofficially it was no "altered semi-automatic rifles." I was told "altered" meant no after-market parts such as extended mag, stock, flash suppressor, etc. I will try to find out officially and get a hard copy as sooon as I can.

Thanks!

 

[Bill of Rights]

Unfortunately, State entities are not effected by the preemption statute. Yet.

And won't be this year. Unfortunately, SB 181 died in committee. There's always next year, in the long session.

Blessings,
Bill

 

[Chesh97]

ItThank you.

Guy A. Relford
Attorney at Law"

"

I like that part. Gets **** done!

 

[Timjoebillybob]

I like that part. Gets **** done!

Doesn't require that. I've just talked to my mayor about something in our local ordinances that violates the IC. He said he will check into it and talk to the city council and attorney to change it, if it does. Now if it violates IC and I'm pretty sure it does, I'll contact an attorney to file suit, if they don't change it .But I highly doubt that will be necessary. I'm pretty sure after being informed of the law, that my city will take care of it.

Now in some instances a lawyer will be needed, see Evansville or Hammond for instance.

 

[finity]

Here's some good news...

I just looked at the Auburn city code of ordinances & they have removed all references to weapons being prohibited in city parks. Not just firearms but all weapons. It looks like it was changed on 9/30/2011.

 

[SirRealism]

Here's some good news...

I just looked at the Auburn city code of ordinances & they have removed all references to weapons being prohibited in city parks. Not just firearms but all weapons. It looks like it was changed on 9/30/2011.

Good for Auburn residents (both of you).

 

[Titanium_Frost]

Good for Auburn residents (both of you).

There are those random zings I was talking about on Saturday!

 

[finity]

Good for Auburn residents (both of you).

Hey we're not THAT small.

We're almost the biggest small town in northeast IN between Fort Wayne & Angola.

So there...