Hammond is looking for trouble

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  • mainjet

    Master
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    Jul 22, 2009
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    Lowell


    When ordinances are no longer valid then they should be removed wether they are "moot" or not. This "moot" ordinance just makes it very difficult for everyone to know what is lawful. It's bad for the public, the city and the police that have to answer calls regarding it.

    Throwing in that the suit seeks "triple attornies fees" without context makes it look like they are just being silly. When in reality, as we all know, that little gem was added in there by the state as a deterant against this very thing. Yet the editorial makes it look like the attorney and his clients came up with that.
     

    jgreiner

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    Jul 13, 2011
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    Lafayette, IN
    When ordinances are no longer valid then they should be removed wether they are "moot" or not. This "moot" ordinance just makes it very difficult for everyone to know what is lawful. It's bad for the public, the city and the police that have to answer calls regarding it.

    Throwing in that the suit seeks "triple attornies fees" without context makes it look like they are just being silly. When in reality, as we all know, that little gem was added in there by the state as a deterant against this very thing. Yet the editorial makes it look like the attorney and his clients came up with that.

    I have a feeling that by the time this one is over...ALL of Hammond will be well educated on the new laws concerning handguns.
     

    jrock

    Plinker
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    0   0   0
    Jul 9, 2011
    28
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    hammond
    :dunno::dunno::dunno:
    What date was the comment made on?
    I see a post for WED @ 11:41AM that links to the NBC Chicago website for the article. The post by "his friends on FB" are a hoot!

    Im not sure. I wouldnt call them his friends but trusted brown nosers :poop:.:noway:
     

    GuyRelford

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    2   0   0
    Aug 30, 2009
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    Zionsville
    FYI - I'll be teaching my Comprehensive Indiana Gun Law course at Cabela's in Hammond on September 24. I'm sure this lawsuit will be a topic of conversation!

    Guy
     

    jedi

    Da PinkFather
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    51   0   0
    Oct 27, 2008
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    NWI, North of US-30
    shouldnt it be "hammond WILL revisit gun laws" ? they must change it after the lawsuit correct?

    No the word "may" is correct.
    The city council has the option to bring a new ordinance or remove the old ordinance from the books but only if they have the votes to do it.

    At the next council meeting they (the council) can choose NOT to revisit the ordinance if they so chose. Up to them.
     

    GuyRelford

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    Zionsville
    No the word "may" is correct.
    The city council has the option to bring a new ordinance or remove the old ordinance from the books but only if they have the votes to do it.

    At the next council meeting they (the council) can choose NOT to revisit the ordinance if they so chose. Up to them.

    Not entirely. Here's what the Hammond City Attorney, Kristina Kantar, said on that point at the August 22 Hammond City Council meeting:

    "The General Assembly . . . didn't just say that our laws were superseded. It made it the affirmative duty of all municipalities with an ordinance in conflict to repeal or amend."

    She was exactly right. Unfortunately, the City Council ignored her advice.

    But I understand your point - the City Council can continue to do the wrong thing if it chooses, for now. But that is what the lawsuit is about.

    Read more: Hammond may revisit gun laws
     

    jedi

    Da PinkFather
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    Not entirely. Here's what the Hammond City Attorney, Kristina Kantar, said on that point at the August 22 Hammond City Council meeting:

    "The General Assembly . . . didn't just say that our laws were superseded. It made it the affirmative duty of all municipalities with an ordinance in conflict to repeal or amend."

    She was exactly right. Unfortunately, the City Council ignored her advice.

    But I understand your point - the City Council can continue to do the wrong thing if it chooses, for now. But that is what the lawsuit is about.

    Read more: Hammond may revisit gun laws

    ^this

    Suspect that they will continue to do wrong until slapped with the court order. for giggles, say the lawsuit is valid you you win n the court orders the city to remove the ordinance AND they still do not. what then?

    I know if I sue someone and win and they owe me say $100 and they still do not pay you can take them to collections or put a lien on their property, etc.. eventually I think you can even have a new order where they go to jail.

    But in the case of a "city/polotical entity" what does happen if they refuse? at the end of the day the mayor is "immune" per say since it is NOT he who has to pass the ordiance by a majority vote even thought it is he that runs the show behind the scene. ;)
     

    aikidoka

    Sharpshooter
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    Apr 30, 2009
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    Hammond
    I'm in the process of closing on a house in Hammond, been living in Hammond for awhile now (apt.). A police officer lives on the same street as the house I'm getting and at times I open carry. Should be interesting times ahead. ha!

    So does this mean if I get arrested for carrying in a Hammond city park, which is the current ordinance I now have state sanction to sue?
     

    Bill B

    Grandmaster
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    Sep 2, 2009
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    I'm in the process of closing on a house in Hammond, been living in Hammond for awhile now (apt.). A police officer lives on the same street as the house I'm getting and at times I open carry. Should be interesting times ahead. ha!

    So does this mean if I get arrested for carrying in a Hammond city park, which is the current ordinance I now have state sanction to sue?
    Where you buying at in Hammond?
     

    GuyRelford

    Master
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    2   0   0
    Aug 30, 2009
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    Zionsville
    I'm in the process of closing on a house in Hammond, been living in Hammond for awhile now (apt.). A police officer lives on the same street as the house I'm getting and at times I open carry. Should be interesting times ahead. ha!

    So does this mean if I get arrested for carrying in a Hammond city park, which is the current ordinance I now have state sanction to sue?

    You don't have to get arrested. The statute says you have been "adversely affected" by the illegal ordinances if you are "subject to" them. And you are "subject to" them if you: 1) are a resident of the United States, 2) may lawfully possess a firearm under the laws of the State of Indiana, and, 3) have been physically present within the boundaries of the City of Hammond for any reason since July 1, 2011.

    That's why the lawsuit was filed as a class action - asking the judge to certify a class that includes everyone who falls within the definition above.
     
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