Hammond is looking for trouble

[Bill B]

Thanks for the link Mainjet, I missed it.

 

[LockStocksAndBarrel]

The law restricting ammo to 500 rounds is a new one on me. I didn't know Hammond had that one. Makes me wonder if South Bend's high capacity "clip" law is still around.

 

[Hoosierdood]

The law restricting ammo to 500 rounds is a new one on me. I didn't know Hammond had that one. Makes me wonder if South Bend's high capacity "clip" law is still around.

As far as I know, South Bend's ordinance is still on the books. It was already null and void when they enacted it, since statewide pre-emption had already been enacted. To my knowledge, nobody has ever been charged as being in violation of the law, so the council has treated it as a non-issue. Sounds like a good opportunity to teach them a thing or two.

 

[LockStocksAndBarrel]

As far as I know, South Bend's ordinance is still on the books. It was already null and void when they enacted it, since statewide pre-emption had already been enacted. To my knowledge, nobody has ever been charged as being in violation of the law, so the council has treated it as a non-issue. Sounds like a good opportunity to teach them a thing or two.

TFT, can you weigh in?

 

[jedi]

TFT, can you weigh in?

It's the same concept if you can be "adversely affected" then the can sue. Suspect if the case against Hammond goes for the class action based on the "adversely affected" then it will open the flood gates for all the old ordinance on the books in all places in IN that still has them.

To date that would be:

City of East Chicago AWB
City of Gary AWB
South Bend Hi-Cap magazine

That I know of in NWI as well as city of Hammond.

Note that City of Gary in 2010 was in the process of cleaning it's book the AWB in Gary was never grandfathered in during the last round of gun laws in IN (prior to 01 JUL 11) so it was never legal (but never challenged as well). They got done cleaning the books in JAN 2011 but have yet to post the new city laws online. Not even sure if the city council has voted on it.

The Office of the Gary City Clerk - Gary Municipal Code

East Chicago does not have it's ordinance online. You must go to city hall in person to ask to view the books.

More info on EC and Gary here:
https://www.indianagunowners.com/fo...cago_can_i_oc_on_my_property.html#post1822176

 

[22rssix]

I think post 219 says it all. Even know it is a invalid law or ordinance you are still "subject to" it even it it isn't enforced.

 

[sharkey]

Looks like Speedway still has their concealed carry ban (and "under 21" ban) published too:

Chapter 9.08 FIREARMS




Pinball machines are still banned, too.

 

[jsharmon7]

Looks like Speedway still has their concealed carry ban (and "under 21" ban) published too:

Chapter 9.08 FIREARMS




Pinball machines are still banned, too.

"A pinball wizard, he's got such a supple wrist."

 

[GhostofWinter]

Looks like Speedway still has their concealed carry ban (and "under 21" ban) published too:

Chapter 9.08 FIREARMS




Pinball machines are still banned, too.

It's my understanding that Speedway's ban is grandfathered in. They have chosen not to enforce it, but it's still legal I believe. I am sure someone with more knowledge than me will be along shortly.

 

[Hoosierdood]

It's my understanding that Speedway's ban is grandfathered in. They have chosen not to enforce it, but it's still legal I believe. I am sure someone with more knowledge than me will be along shortly.

With the new law that went into effect on July 1, all of the previously "grandfathered" infringements are no longer legal. That was one of the stipulations of the new law. Gary's assault weapon ban, Speedway's concealed carry ban, as well as a whole bunch of other silly laws. Basically, as of July 1 of this year, there is no such thing as "grandfathered in".

 

[mainjet]

Thanks for the link Mainjet, I missed it.

I read the paper everyday I never saw it either. I did a search on "Hammond" and to my surprise this story popped up.

What's even more curious to me is that two guys in east chicago where arrested for having a sawed off shotgun. But I am sure that it is illegal to have that modified weapo, yet they still had it. They must not have been aware of the law.

 

[jedi]

It's my understanding that Speedway's ban is grandfathered in. They have chosen not to enforce it, but it's still legal I believe. I am sure someone with more knowledge than me will be along shortly.

With the new law that went into effect on July 1, all of the previously "grandfathered" infringements are no longer legal. That was one of the stipulations of the new law. Gary's assault weapon ban, Speedway's concealed carry ban, as well as a whole bunch of other silly laws. Basically, as of July 1 of this year, there is no such thing as "grandfathered in".

^This!

BTW Gary's AWB was NEVER legal! They passed it **AFTER** Indiana passed it's firearm pre-emption law that allowed grandfathering in of the EC AWB and Speedway OC. To date that I know of, however, no one has ever been cited with Gary's AWB, nor has anyone challenged it in court and it is all a mute point since Gary "cleaned" their books in 2010 and most likely removed it. But as stated Since 01 JUL 2011 all grandfather ordinance (legal or not) have been nuked!

What's even more curious to me is that two guys in east chicago where arrested for having a sawed off shotgun. But I am sure that it is illegal to have that modified weapo, yet they still had it. They must not have been aware of the law.

Yes I know it's in purple but is that becuase you were making fun of the criminals not knowing the law or becuase you made the whole story up? The last gun report I read on EC was the shooting of 3 people on 3 different streets at 3 different times all in the same night. One of those 3 I think died already, the other 2 still in hospital.

 

[mainjet]

or becuase you made the whole story up? The

Thou doubtest me?!
Men with sawed-off shotgun are arrested in East Chicago

I don't "make things up. I lie, but I don't make things up...

I don't believe for a second that the criminals don't know that it is illegal. My point is that they are "criminals" so they do criminal things. They will not stop carrying handguns or rocket launchers because there is a law against it, contrary to what the Hammond mayor believes.

 

[Bill B]

I wonder if the E.C. cops will be referring the case to the feds. Possesion of a SBS w/o a stamp, transportation of a SBS across state lines w/o permission, etc.

 

[GuyRelford]

TFT, can you weigh in?

I would like to see the SB ordinance, if anyone has it handy.

 

[T.Lex]

Heya TFT,

All my friends are telling me about a new site on the internets... some number site... I think it is "billyoon" or "google" or something. Anyway, apparently you can just type in something and it will tell you what number of site has what you typed in.

I'd bet, if you typed in "south bend indiana code of ordinances" the 4th one down might help.

I'm sure you're probably too busy bankrupting decent municipalities to take the time, though.

 

[mainjet]

I'm sure you're probably too busy bankrupting decent municipalities to take the time, though.

Shots fired!

 

[jedi]

Thou doubtest me?!
Men with sawed-off shotgun are arrested in East Chicago

I don't "make things up. I lie, but I don't make things up...

I don't believe for a second that the criminals don't know that it is illegal. My point is that they are "criminals" so they do criminal things. They will not stop carrying handguns or rocket launchers because there is a law against it, contrary to what the Hammond mayor believes.

Thanks for the link!

Did you see that the article said that the SBS was stolen from.....
CHICAGO!!!

Are SBS legal in IL? Let alone Chicago!

--UPDATE---
According to the NRA info SBS are ILLEAGL in IL.
http://www.nraila.org/statelawpdfs/MOSL.pdf
and
http://www.statemaster.com/graph/gov_gun_law_pro_fir-government-gun-laws-prohibited-firearms

I wonder if the E.C. cops will be referring the case to the feds. Possesion of a SBS w/o a stamp, transportation of a SBS across state lines w/o permission, etc.

Depends if the kid is "connected" or not.

 

[LockStocksAndBarrel]

I would like to see the SB ordinance, if anyone has it handy.

I'll look it up as soon as I can and send you a PM. Thanks TFT!

Nevermind. See below.

Thanks Jediagh!

 

[jedi]

Sec. 13-97. - Restrictions on the possession and manufacturing of assault weapons.
(a)
No person may manufacture any assault weapon, as defined herein, within the City of South Bend.
(b)
No person may possess any loaded assault weapon, as defined herein, within the City of South Bend, except as specifically provided herein.
(c)
No person may manufacture or possess any magazine with a capacity of more than fifteen (15) rounds for assault weapons within the City of South Bend, except as specifically provided herein.


& the defintion of an "assault weapon" per South Ben is...
SEC 13-95 (b)
Assault Weapons shall mean and include:
(1)
Any center fire rifle with automatic action or semi-automatic action or revolving cylinder weapon, or carbine which accepts a detachable magazine with a capacity of over fifteen (15) rounds;
(2)
Any semiautomatic shotgun with a magazine capacity of more than nine (9) rounds;

Code can be found here:
Municode - Search

type in High capacity in the serach to get the code.

BTW the exception to the code is anyone on

IC 35-47-2-2
Excepted persons
Sec. 2. Section 1 of this chapter does not apply to:
(1) marshals;
(2) sheriffs;
(3) the commissioner of the department of correction or persons authorized by the commissioner in writing to carry firearms;
(4) judicial officers;
(5) law enforcement officers;
(6) members of the armed forces of the United States or of the national guard or organized reserves while they are on duty;
(7) regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States or from this state who are at or are going to or from their place of assembly or target practice;
(8) employees of the United States duly authorized to carry handguns;
(9) employees of express companies when engaged in company business; or
(10) any person engaged in the business of manufacturing,
repairing, or dealing in firearms or the agent or representative of any such person having in the person's possession, using, or carrying a handgun in the usual or ordinary course of that business.
As added by P.L.311-1983, SEC.32. Amended by P.L.164-2011, SEC.2.