Hammond is looking for trouble

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  • Bill B

    Grandmaster
    Rating - 100%
    8   0   0
    Sep 2, 2009
    5,214
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    RA 0 DEC 0
    Actually it should be:
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    IN_Sheepdog

    Expert
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    2   0   0
    Oct 21, 2010
    838
    18
    Northwest aka "da Region"
    Don't normally say this, but I have seen the latest in Judicial Arrogance. Forget interpreting the law, now we just MAKE the law fit.
    Wonder why we even have a legislature..?

    Summary judgment GRANTED to the City of Hammond?

    Why? After years of law school and practice... the only thing I can say is...
    Hell, if I know!!

    He hung the entire decision on the fact that Hammond has a disclaimer on the front page of their website that says, this information may not be accurate blah blah blah, call us...
    Guess you cant rely on what you see in the Municipal Code of Hammond on the Internet. We should all be thankful the State of Indiana doesn't have such an attitude with the IC Statutes... what a mess that would be...

    Ill leave any further comments to Guy, but leave it to say, he COULD NOT have done a better job of putting the case forward... This will not end here...
     

    eldirector

    Grandmaster
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    10   0   0
    Apr 29, 2009
    14,677
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    Brownsburg, IN
    Wait a minute.... Hammond is allowed to have illegal ordinances on the books because they claim their books aren't all that accurate?

    Please tell me there is more to this.
     

    jedi

    Da PinkFather
    Site Supporter
    Rating - 100%
    51   0   0
    Oct 27, 2008
    38,337
    113
    NWI, North of US-30
    :rofl: :rofl: :rofl:
    Good old Lake County, Indiana where corruption is so blatantly visible!
    I'm so proud of our county. This just goes to show that we take "Chicago style gangster politics" up one level and say f**** up State of Indiana and your laws.
    :faint:

    So now what?
    What exactly does a "summary judgement granted to City of Hammond" mean?
    Hammond wins and does not have to change anything (for now).
    Can this be appealed?

    -Jedi
     

    KG1

    Forgotten Man
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    66   0   0
    Jan 20, 2009
    26,159
    149
    Don't normally say this, but I have seen the latest in Judicial Arrogance. Forget interpreting the law, now we just MAKE the law fit.
    Wonder why we even have a legislature..?

    Summary judgment GRANTED to the City of Hammond?

    Why? After years of law school and practice... the only thing I can say is...
    Hell, if I know!!

    He hung the entire decision on the fact that Hammond has a disclaimer on the front page of their website that says, this information may not be accurate blah blah blah, call us...
    Guess you cant rely on what you see in the Municipal Code of Hammond on the Internet. We should all be thankful the State of Indiana doesn't have such an attitude with the IC Statutes... what a mess that would be...

    Ill leave any further comments to Guy, but leave it to say, he COULD NOT have done a better job of putting the case forward... This will not end here...
    Just wow. So if that disclaimer was what he based his judgement on then how much of what information they put out on their website are we supposed to believe is accurate or not? In other words I guess they can throw any old bogus information on their website as long as they have that disclaimer. :rolleyes::rolleyes::rolleyes:
     

    jedi

    Da PinkFather
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    51   0   0
    Oct 27, 2008
    38,337
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    NWI, North of US-30
    You know I wonder does this judge give to the mayor's campaign? Or does he not want to be in the path of the mayor and thus would rather rule as he did?

    -jedi
     

    IN_Sheepdog

    Expert
    Rating - 100%
    2   0   0
    Oct 21, 2010
    838
    18
    Northwest aka "da Region"
    The good ol' Daly stench just blows over from Chicago. Open carry event maybe?

    Well, I suppose if you want to be the test case... That might even make the papers.... no wait... the papers are in Lake County Also.


    § 132.073 DEADLY WEAPONS IN CIVIL CITY PUBLIC BUILDINGS.

    (A) No person other than a duly authorized law enforcement officer shall carry or otherwise possess a deadly weapon as defined in I.C. 35-41-1-8 in any public building owned or leased by the city, or at any board or commission meeting of the city, regardless of whether the person has a state permit to carry a firearm. This prohibition shall not apply to a security officer contracted by and through the city while said security officer is on duty pursuant to contract, nor to any elected city official. (of course we only want it to apply to "YOU People". It doesnt apply to US !!)
    (B) If an individual is found carrying or in possession of a deadly weapon as defined in I.C. 35-41-1-8 in a public building, the city’s Police Department is hereby authorized to confiscate the weapon and shall not return the weapon unless authorized by the Judge of the City Court.
    (C) Violations of this section shall result in a fine not to exceed $2,500 per offense. Each day a violation occurs shall constitute a separate offense.
    (Prior Code, § 132.58) (Ord. 7974, passed 4-29-1997; Am. Ord. 8400, passed 12-10-2001)


    NOTE: Supposedly NOT going to be enforced by DECREE and Executive Order of Da Mayor...ha yeah right!

    Maybe Jedi has a nice PINK gun to take to the meeting...Hammond = :toilet2:
     

    IndyBeerman

    Was a real life Beerman.....
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    5   0   0
    Jun 2, 2008
    7,700
    113
    Plainfield
    I see this being overturned because what is on Hammond's website is not official.

    Website disclaimers and what is on officially on the books are two totally different things.
     
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    finity

    Master
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    1   0   0
    Mar 29, 2008
    2,733
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    Auburn
    He hung the entire decision on the fact that Hammond has a disclaimer on the front page of their website that says, this information may not be accurate blah blah blah, call us...

    Any way to post the decision here for us to read?

    This prohibition shall not apply to a security officer contracted by and through the city while said security officer is on duty pursuant to contract, nor to any elected city official. (of course we only want it to apply to "YOU People". It doesnt apply to US !!)

    Interesting.

    I think I said something about this exact thing in a different very recent thread.
     

    actaeon277

    Grandmaster
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    4   0   0
    Nov 20, 2011
    95,238
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    Merrillville
    So that covers the internet. But they still PUBLISH the code in a book. What about that? Do the printed versions also have a disclaimer?
     

    Indy317

    Master
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    1   0   0
    Nov 27, 2008
    2,495
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    He hung the entire decision on the fact that Hammond has a disclaimer on the front page of their website that says, this information may not be accurate blah blah blah, call us...

    Well, in addition to an appeal, what other pro-active steps are being planned up there? How about ads in the local newspapers? They are begging for money, so ad space should be cheap. What about having weekly or monthly days where flyers advising people with licenses to carry handguns can carry in the parks? Pass them out on the public right-of-way just outside parks if possible.
     

    IndyBeerman

    Was a real life Beerman.....
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    5   0   0
    Jun 2, 2008
    7,700
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    Plainfield
    According to the judge, probably! He stated that since state law nullified all local statues that the one in place isn't enforceable and therefore the plaintiffs didn't really have "standing."

    But here's where the problem stands.

    You have an officer who is new on the force, wants to become a shining star and make plenty of good arrests.

    He looks at the books and sees Hammond's code on the books of not allowing firearms in parks and such, and in his zealous attempt to rise to the top of his profession he makes an firearms arrest because, it's on the books, it's still Hammond City law.

    So he has made an illegal arrest because the it's still on the books and therefor as citizens we fear this.

    It's just common sense, it's not rocket science, the law is still on the books, it is still an enforceable law, so until it is stricken down as such, you CAN still be arrested. The charges may be dropped after being brought in, but you as a person can still fear the repercussions of several things.
     
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