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  • HollidaySlim

    Marksman
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    4   0   0
    Jan 26, 2009
    283
    16
    Central Indiana
    Maybe I missed it but I don't see the city's reply in your email chain?
    If the law was not on the books by 01/01/94 then it's not good. It won't hold up in court since it's not excempt.


    The cities reply was the first thing i posted.

    Reply from SBPD said:
    This is still a valid City Ordinance. So that is correct.

    This was written 16 years ago and was more designed at the time to conform to Federal firearms laws in that time. How this law would stand up to 2nd Amendment scrutiny in 2010 is anyone's guess.
     
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    21   0   0
    Dec 24, 2008
    1,198
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    Way up North
    I saw that, it sounded pretty unprofessional which dosn't surpise me.
    This is how they act in person as well, when I went to get my juvenile record fixed up it was the most unorganized run around I have ever gotten.
     

    jedi

    Da PinkFather
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    Oct 27, 2008
    37,832
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    NWI, North of US-30
    Ah.. Thanks HoidaySlim.
    So in essence they (the city) knows it probably won't stand up but have not bothered to remove the law and probably won't "charge" anyone with it either.

    Would be good to get a group to have the city ATTY look at it more clearly and have the city council remove it to clean up the books.
     
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    21   0   0
    Dec 24, 2008
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    Way up North
    Ah.. Thanks HoidaySlim.
    So in essence they (the city) knows it probably won't stand up but have not bothered to remove the law and probably won't "charge" anyone with it either.

    Would be good to get a group to have the city ATTY look at it more clearly and have the city council remove it to clean up the books.
    :rolleyes: well...... obviously you have never delt with the SBPD:D
     

    jedi

    Da PinkFather
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    Oct 27, 2008
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    NWI, North of US-30
    :rolleyes: well...... obviously you have never delt with the SBPD:D

    Off course not SB is "outside" what I consider Indiana. IN = Lake County, IN and the small strip of land called I-65 which connects the corruption in LAKE COUNTY with the CORRUPTION in Indianapolis. Outside of that area the rest of Indiana just grows corn, lives like rednecks and the amish and is null & void of technology!

    Besides SB is just as backwards as Indy since they are NOT on LAKE COUNTY TIME (ie. Central Time) and if you are not on our time then you are backwards! :rockwoot:

    Now in terms of the SDPB no need to bother with them. Start with the city board and ATTY to see that the law is invalid and have it changed there. If that does not work, the NRA could get involved to get it tossed but suspect it would be low on priority right now since the City of Chicago supreme court hearing it probably #1 on the list right now.
     

    jdhaines

    Master
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    4   0   0
    Feb 24, 2009
    1,550
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    Toledo, OH
    I live in SB right now and am learning the hard way what a piece of work this place is. I wonder if this would be a good project for the local 2nd amendment patriots group that has been meeting once a month in SB? Might be a good thing to do. I saw an argument on this awhile back and we all ended up agreeing with the above posts that it just missed the premption deadline making it null/void.
     

    Kirk Freeman

    Grandmaster
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    9   0   0
    Mar 9, 2008
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    Lafayette, Indiana
    I wonder if this would be a good project for the local 2nd amendment patriots group that has been meeting once a month in SB?

    To do what?

    This is still a valid City Ordinance. So that is correct.

    That is incorrect. It is void and has been for many years.

    Dealers are not going to research Indiana's law and a lot of bad info gets passed around on the net. Thus, one dealers sees that another will not ship to South Bend and decides to emulate that dealer.

    Put yourself in their shoes, better to be safe than sorry.
     

    jdhaines

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    Feb 24, 2009
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    Toledo, OH
    I realize I'm bringing this back up, but it's still relevant to those in South Bend. If I were to get charged with a crime under these laws, would I have to go to court and fight it, or would it get thrown out before court?

    I was working on a letter to the city attorney to see if he could get this straightened out and wondered this question. I'm not against being a guinea pig, but I wouldn't want to get slammed with a bunch of legal fees. I don't mean I plan on trying to get in trouble. Just sort of a "what if."

    Also, this thread could stand to be merged in.
    https://www.indianagunowners.com/fo...3-re_south_bend_high_capacity_ordinances.html
     

    NDguido

    Sharpshooter
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    0   0   0
    Feb 13, 2010
    309
    18
    Nappnee, Indiana
    I got this from the "Ask a Cop" section of the South Bend Police Department's website:
    Q: I have heard that there is a ban on high capacity pistol magazines in the city of South Bend. As a concealed carry permit holder, I feel it is necessary to know for sure. Is it unlawful to carry a pistol with a high capacity (greater than ten rounds) magazine within SB city limits?

    A: The former "Brady Bill" banned high capacity magazines but that law has since expired and high capacity magazines are no longer banned federally or at the city level

    South Bend Police Blog
     
    Last edited:

    Expat

    Pdub
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    23   0   0
    Feb 27, 2010
    109,888
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    Michiana
    I realize I'm bringing this back up, but it's still relevant to those in South Bend. If I were to get charged with a crime under these laws, would I have to go to court and fight it, or would it get thrown out before court?

    I was working on a letter to the city attorney to see if he could get this straightened out and wondered this question. I'm not against being a guinea pig, but I wouldn't want to get slammed with a bunch of legal fees. I don't mean I plan on trying to get in trouble. Just sort of a "what if."
    /quote]
    Whether they charge you would be up to the Prosecutors office I believe.
     

    eatsnopaste

    Expert
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    1   0   0
    Dec 23, 2008
    1,469
    38
    South Bend
    I realize I'm bringing this back up, but it's still relevant to those in South Bend. If I were to get charged with a crime under these laws, would I have to go to court and fight it, or would it get thrown out before court?

    I was working on a letter to the city attorney to see if he could get this straightened out and wondered this question. I'm not against being a guinea pig, but I wouldn't want to get slammed with a bunch of legal fees. I don't mean I plan on trying to get in trouble. Just sort of a "what if."
    /quote]
    Whether they charge you would be up to the Prosecutors office I believe.
    once you filed that you had an attorney and were going to fight them...they would fold..might cost you a few hundred dollars, but then again, pursue it and get a settlement
     

    E5RANGER375

    Shooter
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    15   0   0
    Feb 22, 2010
    11,507
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    BOATS n' HO's, Indy East
    I got this from the "Ask a Cop" section of the South Bend Police Department's website:
    Q: I have heard that there is a ban on high capacity pistol magazines in the city of South Bend. As a concealed carry permit holder, I feel it is necessary to know for sure. Is it unlawful to carry a pistol with a high capacity (greater than ten rounds) magazine within SB city limits?

    A: The former "Brady Bill" banned high capacity magazines but that law has since expired and high capacity magazines are no longer banned federally or at the city level

    South Bend Police Blog


    hmmmm, i wonder why he didnt answer the gun carry question?? sure maybe they wont arrest you with a 15 round mag in your pocket but will they if its in a gun in your holster?
     

    gunrights

    Plinker
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    0   0   0
    Jul 4, 2008
    92
    8
    South Bend
    I've been sending this to anyone who will not sell me "standard capacity" magazines and they have all looked into it and have decided that they have taken South Bend off there do not sell list.

    From South Bend Police Blog

    South Bend Police Blog

    Weapons Capacity?
    Q: I have heard that there is a ban on high capacity pistol magazines in the city of South Bend. As a concealed carry permit holder, I feel it is necessary to know for sure. Is it unlawful to carry a pistol with a high capacity (greater than ten rounds) magazine within SB city limits?

    A: The former "Brady Bill" banned high capacity magazines but that law has since expired and high capacity magazines are no longer banned federally or at the city level.
     

    Scutter01

    Grandmaster
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    2   0   0
    Mar 21, 2008
    23,750
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    From South Bend Police Blog

    South Bend Police Blog

    Weapons Capacity?
    Q: I have heard that there is a ban on high capacity pistol magazines in the city of South Bend. As a concealed carry permit holder, I feel it is necessary to know for sure. Is it unlawful to carry a pistol with a high capacity (greater than ten rounds) magazine within SB city limits?

    A: The former "Brady Bill" banned high capacity magazines but that law has since expired and high capacity magazines are no longer banned federally or at the city level.

    South Bend thinks they're "concealed carry permits", eh? :rolleyes:
     

    jclark

    Grandmaster
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    0   0   0
    Feb 24, 2009
    8,378
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    This thread makes me like Southern In even more.
    We have a fraction of the crime you have.
    I feel for you folks.
     
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