Calling all INGO lawyers, lawdogs, and armchair quarterbacks - is this legal?

[HeadlessRoland]

The ordinance prohibiting discharge would likely be found lawful. I am . . . distressed at the sanction which includes forfeiture, 6.50.040(2).

I believe it overbroad, a taking AND preempted by state statute.

Lawdogs 3, versus: Milltown ordinance, 0

 

[Fargo]

Lawdogs 2, versus: Milltown ordinance, 0

Make it 3 for at least 3 reasons. Indiana has specific statutes that must be followed for firearms forfeiture. I do not believe this would comport with them. There is some caselaw out there where the DNR tried something kind of similar and got smacked down. The COA was explicit that the firearms forfeiture statute was the only way it could be done. Also, as noted above, it is probably pre-empted. Additionally, there are statutory limitations upon penalties for ordinance violations and if memory serves, forfeiture is not an available remedy.

 

[Kirk Freeman]

Indiana has specific statutes that must be followed for firearms forfeiture. I do not believe this would comport with them. There is some caselaw out there where the DNR tried something kind of similar and got smacked down.

I think you are on target. That's why I think the sanctions are illegal.

If it had read, "$50 fine for the first act, $150 for the second act, etc." I would have no objections. Here, there are plenty of objections.

 

[Fred78]

This country needs to take a serious look at our judges and how they are kept in place some of their decisions are nuts. You can't even practice with your bow in Columbia city in your own yard.

 

[Kirk Freeman]

Judges? Archery?

Not tracking, Fred. Isn't this about the Milltown City Council?

 

[Fred78]

It sure is, but when you violate one these statutes or so called laws where do you wind up? In front a judge somewhere and what happens then can be anybodies guess

 

[Hogwylde]

A far as I can tell, "landed gentry" in contemporary terms means "land/property" owners. Which I would think means that as long as you are the owner of the property, you are allowed to discharge your weapons. Only non property owners are prohibited. So, If you own your home....you're good but if you rent you are SOL???