I am so glad you can not carry in IndyParks!

[AFA1CY]

So what the state is saying, through their parks service, is that it is ok for criminals to be armed on the Monon but not honest persons.

Time for some letter writing!

It is not the state it is the city. The Indiana Code gives cities the right to restrict the possession and carrying of firearms on city owned property. Indianapolis has an ordinance that specifically bans firearms from any property owned or operated by the IndyParks system. This includes not only parks but city owned golf courses and recreational facilities. If you search the ordinances of most cities in Indiana they have ordinances against carrying in parks. Also a city does not need an ordinance to restrict firearms on their property, they can do so as a matter of policy.

 

[rambone]

Somebody needs to contact the 62-year-old man and get him on our side. Start making these victims known and start lobbying for better laws.

 

[Rudy]

Can't carry in Fort Wayne parks as well.

 

[Oldcoyotedream]

I'm glad the crimenals don't carry in parks either, NOT!!!

 

[finity]

Go back to the legal requirements for a self defense shooting.

If you had a reasonable fear that the assailants were going to kill or seriously injure you, you would be justified in using deadly force. Otherwise you would have some 'splaining to do, and IMO not worth the legal hassle of pulling a gun except when gravely threatened anyhow.

I don't think there's much practical distinction between "clearing leather" and shooting. You are talking about deploying deadly force. If the situation justifes deadly force, then draw and shoot if you have to. If the situation does not justify deadly force, then keep the gun in your fanny pack.

I wouldn't personally ever draw a gun with the plan of holding assailants for arrest. If I ever draw a gun, it will be because I think I am in immediate danger of someone trying to kill me or seriously injure me. Trying to detain or arrest someone is a job for the pros. Waving a gun at a criminal to try and make them obey me is not a scenario I want any part of.

I don't think the law agrees with you. It is completely legal to point a loaded gun at another person as long as you are justified in using reasonable force against them per the "Stand Your Ground" law. You just can't shoot them unless you are also in fear of SBI or death. Unlawful force does not have to include threat of SBI or death.

Here are the relevant portions:

IC 35-47-4-3
Pointing firearm at another person
Sec. 3. (a) This section does not apply to a law enforcement officer who is acting within the scope of the law enforcement officer's official duties or to a person who is justified in using reasonable force against another person under:
(1) IC 35-41-3-2; or
(2) IC 35-41-3-3.
(b) A person who knowingly or intentionally points a firearm at another person commits a Class D felony. However, the offense is a Class A misdemeanor if the firearm was not loaded.

IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
(b) A person:
(1) is justified in using reasonable force, including deadly force, against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.
(c) With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against another person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
only if that force is justified under subsection (a).

Obviously this is my opinion from my interpretation of the laws above. YMMV.

 

[agentl074]

Does anybody know if carrying a weapon in a park is a misdemeanor or simply a civil infraction? I have rolled around the Marion County Ordinance website, and it appears that if you got caught, you would only be subject to a fine. There is no provision that I can find where you could be incarcerated, your firearm taken away, etc. It looks like it's a speeding ticket, basically. Any thoughts?

City ordinances are not enumerated as criminal offenses in the Indiana Code. Ordinances are city and county laws which are enforced by a fine. Now they could theoretically use a blanket I.C. code to charge you with—such as disordily conduct.

 

[mrjarrell]

Just come up to Noblesville and use our parks. Not a "No Firearms" sign in sight and they're nice parks, large and small. Not like Carmel with their "No Firearms signs". Republican bastion indeed.