Evansville Sued for Violating Gun Owner's Rights

[GuyRelford]

Keep in mind that the preemption statute doesn't say that "intentional display of a firearm at a public meeting" is illegal, it just says that a political subdivision may have such a regulation and it is not preempted and therefore illegal and void. If a particular political subdivision only has a much broader prohibition, that regulation is still preempted, void and illegal.

Guy

 

[Indy317]

Not sure if it has been posted yet, but the Indiana Daily Student (a/k/a IDS), IU Bloomington's student newspaper had a really good article about this incident. They really posted a lot of information, especially some comments/rumors about the plaintiff:

"Since the incident, Jones said he has received a number of phone calls from Evansville citizens who addressed concerns about Magenheimer. According to one man’s account, Jones said, Magenheimer was recently removed from a hospital after bringing a gun into the facility and acting unruly. He said he does not have specific details about the removal at the hospital."

"Several of Magenheimer’s neighbors, Jones said, have also called with complaints about Magenheimer’s behavior."

The one thing I didn't understand is the blatant admission from the city attorney Jones: "Jones said he has not yet interviewed the officers involved in the incident and therefore could not specify Magenheimer’s “unruly” behavior." I don't get it. I guess there is no police report, because if there was, surely the city attorney would have read it. Also, the city is being sued, so shouldn't a city attorney at least have some idea of what happened, especially due to the high publicity of this case? So the city attorney basically doesn't know any specifics about what happened at the zoo, nor does he have any specifics about what happened at the hospital, but has no problem slamming the plaintiff in this case.

Gun law leads to lawsuits in Evansville, Hammond | City & State | Indiana Daily Student

 

[Hoosierdood]

]I don't get it. I guess there is no police report, because if there was, surely the city attorney would have read it. Also, the city is being sued, so shouldn't a city attorney at least have some idea of what happened, especially due to the high publicity of this case? So the city attorney basically doesn't know any specifics about what happened at the zoo, nor does he have any specifics about what happened at the hospital, but has no problem slamming the plaintiff in this case.

Gun law leads to lawsuits in Evansville, Hammond | City & State | Indiana Daily Student

And this surprises you?

 

[critter592]

Wouldn't this be libel? Insinuating something with no facts?

 

[Concerned Citizen]

"Jones said he has not yet interviewed the officers involved in the incident and therefore could not specify Magenheimer’s “unruly” behavior." I don't get it. I guess there is no police report, because if there was, surely the city attorney would have read it. Also, the city is being sued, so shouldn't a city attorney at least have some idea of what happened, especially due to the high publicity of this case? So the city attorney basically doesn't know any specifics about what happened at the zoo, nor does he have any specifics about what happened at the hospital, but has no problem slamming the plaintiff in this case.

I don't believe that for a second. My professional opinion (as a professional home builder & designer ) is that he darn sure has read the police reports, and knows that he doesn't have a leg to stand on, so he is saying that he hasn't interviewed the officers so he doesn't have to admit to anything!

 

[Effingham]

This sort of thing annoys the bejeebers out of me. If it's legal, it's legal. That should be an end to it. The idiocy and namecalling and ludicrous speculation in the commentary to the published articles are blowing my mind.

What is WRONG with people?


Tony

 

[mrortega]

This sort of thing annoys the bejeebers out of me. If it's legal, it's legal. That should be an end to it. The idiocy and namecalling and ludicrous speculation in the commentary to the published articles are blowing my mind.

What is WRONG with people?


Tony

The legality supposedly isn't the issue (the city insists.) But their contention that Mr. Magenheimer was tossed out for being unruly seems like an after thought to cover their butts. Remember, the good guys are going after the city for ignoring SB292 then trying to spin it.

I haven't heard whether Ben even got his money back (or at least a sucker.)

 

[Effingham]

I agree about the butt-coverage in the "charge" of unruly behavior. Such things typically seem to be the afterthought of a "we screwed up" realization, and there seems at times to be a bit of an extortionary "we won't make a point of pressing OUR issue if you just shut up."

I'm reminded most particularly of the fellow in Canton threatened with execution by Officer Harless for "not disclosing that he had a handgun" -- despite the fact that Harless' own actions in interrupting him several times precluded his being able to make that very announcement. It was after the fellow went public that charges were brought against him.

Thing is, I love the police. I'm a big supporter of them and the work they do. I just hate it when someone somewhere makes a dumb mistake, and rather than saying simply, "oh, sorry, my bad," someone decides to dig in the heels and calls for a circling of wagons. That's something I learned not to do as a child on the playground. It wounds me when I see adults -- especially police -- doing it.


Tony

 

[Stschil]

After reading that IDS article, it really sounds like the city is trying to taint the jury pool. Jones makes Ben look like some whacko who walks around town daring anyone to say something to him, then flys off the handle when they do.
My question is, where are the blotter reports of these "incidents"?
If he's such a menace to Evansville, why hasn't he been arrested?

I think that Jones and EPD have a serious case of (*) over being put in the spotlight with no defense for thier actions, so they are slinging mud, hoping it will stick. Perhaps an addition of Defimation of Character to the suit would be in order.....

 

[SideArmed]

Wouldn't this be libel? Insinuating something with no facts?

It's the IDS, they can't be bothered with pesky facts, and truths.
I am surprised the article is even comprehensable.

 

[24Carat]

Ho Hum . . . . . And the Beat Goes On ........:

LETTER: He was an opportunist » Evansville Courier & Press

 

[Kirk Freeman]

I like how "common sense" trumps constitutional rights.

 

[Kitty]

Maybe people wouldn't be as "frightened" if they saw more people carrying once in a while. Especially if it a well behaved firearm that knows to stay in it's holster.

 

[DarkRose]

Here's another one from the Indiana Daily Student... sheesh. Move IU to the left coast please...

Give cities gun control | Editorial | Indiana Daily Student

It came up on my cell phone yesterday (set a custom news topic for NRA and Gun Control, heh)

At least the reader comments are standing up against the editorial, some quite strongly.

 

[SirRealism]

I like how "common sense" trumps constitutional rights.

I've come to ignore most comments and arguments containing the phrase "common sense", regardless of the topic. If you gotta say it.....

 

[24Carat]

Here's another one from the Indiana Daily Student... sheesh. Move IU to the left coast please...

Give cities gun control | Editorial | Indiana Daily Student

It came up on my cell phone yesterday (set a custom news topic for NRA and Gun Control, heh)

At least the reader comments are standing up against the editorial, some quite strongly.

Victor's comment on this Editorial should be printed and framed or at least copied and saved for future reference. Quite a nice composition.

 

[Effingham]

Here's another one from the Indiana Daily Student... sheesh. Move IU to the left coast please...

Give cities gun control | Editorial | Indiana Daily Student

It came up on my cell phone yesterday (set a custom news topic for NRA and Gun Control, heh)

At least the reader comments are standing up against the editorial, some quite strongly.

That last is a very, very pleasant surprise. I wouldn't have expected that from the IUB campus (whence I have a recent MA).


Tony

 

[ATM]

Ho Hum . . . . . And the Beat Goes On ........:

LETTER: He was an opportunist » Evansville Courier & Press

I may have responded with a little tirade under a top secret code name.

 

[24Carat]

I may have responded with a little tirade under a top secret code name.

I like it !!! Stealth is a highly under appreciated tactic. SO IS MISINFORMATION.

I'll just leave it at that . . . . . . (wink wink)

 

[Stschil]

I may have responded with a little tirade under a top secret code name.

If that's your idea of top secret, I'm definitely never trusting you with my locker combination.

BTW: Your comment was spot on and big thumbs up to you!