Jeffersonville successfully bans weapons in city for 1 day.

[littletommy]

I bet local authorities enact these bans knowing full well they are illegal, but also knowing that a large portion of the population won't know that. They'll successfully disarm a significant amount of people who are ignorant to state law.

Yep! That is most likely the case. I have trouble believing these "officials" are really dumb enough to not know what their limits are, buuuuuuuuut....ya just never know these days, the line between arrogance and stupidity is really blurry anymore.

 

[joneser49]

I sent this to both Mayor Moore and his chief legal advisor, city attorney, Les Merkley.

Dear Mr. Merkley,

When reading the Thunder over Louisville rules, I came across City Ordinance 2009-OR-20 and 2010-OR-1. This ordinance, pertaining to weapons, violates Indiana's Preemption Laws, specifically IC 35-47-11.1. Although, I'm sure you are aware of this, here is a link Indiana Code 35-47-11.1. It seems to me that the City of Jeffersonville is a political subdivision in this case and has no legal right to prohibit my lawful carry of a firearm on any public grounds. I also understand SEA. 292 ( Indiana General Assembly, allowing any local government to make any law, print or post any sign they please. I look forward to hearing back from you on this matter. I am a resident of Clark County and this caught my attention more than anything else in the world happening.

Both replied within 5 minutes. The mayor said it was a question for the city attorney. Mr Merkley replied with this.

I agree. That ordinance was passed prior to the state law was enacted. As a result, the city may not enforce the ordinance nor may the city regulate the possession firearms since the state has pre-empted this area.

Les Merkley
I thanked them both

 

[Lammchop93]

Smells like an OC/CC group meeting brewing up here.

 

[j706]

I would guess that they know that they can't prohibit weapons but post it anyway in hopes most people won't know better. I would also bet that they do not enforce their silly ban. All just a guess of course.

 

[Destro]

I sent this to both Mayor Moore and his chief legal advisor Merkley.

Dear Mr. Merkley,

When reading the Thunder over Louisville rules, I came across City Ordinance 2009-OR-20 and 2010-OR-1. This ordinance, pertaining to weapons, violates Indiana's Preemption Laws, specifically IC 35-47-11.1. Although, I'm sure you are aware of this, here is a link Indiana Code 35-47-11.1. It seems to me that the City of Jeffersonville is a political subdivision in this case and has no legal right to prohibit my lawful carry of a firearm on any public grounds. I also understand SEA. 292 ( Indiana General Assembly, allowing any local government to make any law, print or post any sign they please. I look forward to hearing back from you on this matter. I am a resident of Clark County and this caught my attention more than anything else in the world happening.

Both replied within 5 minutes. The mayor said it was a question for the city attorney. Mr Merkley replied with this.

I agree. That ordinance was passed prior to the state law was enacted. As a result, the city may not enforce the ordinance nor may the city regulate the possession firearms since the state has pre-empted this area.

Les Merkley
I thanked them both

excellent factual based letter.

 

[Rookie]

City of Jeffersonville, IN

As in the past, the City of Jeffersonville prohibits certain items and activities on city property, including city streets, parking lots and the riverbank. These are regulated by City Ordinance 2009-OR-20 and 2010-OR-1, specifically relating to Thunder Over Louisville, as well as all applicable city, state and federal laws. Prohibited items include alcoholic beverages, weapons, pets, open flames, tents, portable buildings, tarps, skateboards, bicycles, motorized scooters, and golf carts, except those used by police, EMS, city officials, or Kentucky Derby Festival personnel.





Constitutional?

And they can enforce every item in their ordinance, except one.

 

[Harleyrider_50]

......THIS's the reason.......I don' let nobody know I got it, or advertise 'at I do....

Ain't been down'ere in....?......10 yrs anyways......

Don't think they can keep ya from carry'n
but can can prolly tell ya leave, or face criminal tresspass......like any other gun un-friendly place....


on 'nuther note.....Pegasus Parade ought'r be interest'n.....

Leaked FBI memo warns of possible gang presence at Pegasus Parad - wave3.com-Louisville News, Weather & Sports


WON't be attend'n da*n thing anyways.....

 

[littletommy]

I sent this to both Mayor Moore and his chief legal advisor Merkley.

Dear Mr. Merkley,

When reading the Thunder over Louisville rules, I came across City Ordinance 2009-OR-20 and 2010-OR-1. This ordinance, pertaining to weapons, violates Indiana's Preemption Laws, specifically IC 35-47-11.1. Although, I'm sure you are aware of this, here is a link Indiana Code 35-47-11.1. It seems to me that the City of Jeffersonville is a political subdivision in this case and has no legal right to prohibit my lawful carry of a firearm on any public grounds. I also understand SEA. 292 ( Indiana General Assembly, allowing any local government to make any law, print or post any sign they please. I look forward to hearing back from you on this matter. I am a resident of Clark County and this caught my attention more than anything else in the world happening.

Both replied within 5 minutes. The mayor said it was a question for the city attorney. Mr Merkley replied with this.

I agree. That ordinance was passed prior to the state law was enacted. As a result, the city may not enforce the ordinance nor may the city regulate the possession firearms since the state has pre-empted this area.

Les Merkley
I thanked them both

Hopefully Mr. Merkley passes this on to the PD, and this is publicly cleared up before someone is proned out on Saturday.

 

[Rookie]

Called Jeff. Police department. I was told that the ban is pretty much all of downtown and that if caught carrying (any carry) , according to the ordinance, I could be fined up to $2,500. I asked what the event area was. They gave me the exact cross streets, and it's pretty much all of downtown j-ville. This can't be a legal ordinance.

I have a new rule. Any posts made in this thread, without my permission, will be subject to a five million dollar fine.

My rule holds as much water as their ordinance concerning firearms.

 

[littletommy]

Leaked FBI memo warns of possible gang presence at Pegasus Parad - wave3.com-Louisville News, Weather & Sports

**** be gettin real up in here!

 

[Rookie]

Thread title is misleading. It should be. ..

Jeffersonville successfully misleads uniformed.

 

[Harleyrider_50]

**** be gettin real up in here!

.......Yup.......wait till they open 'at walk-bridge on Jeff's side.....

 

[cobber]

Called Jeff. Police department. I was told that the ban is pretty much all of downtown and that if caught carrying (any carry) , according to the ordinance, I could be fined up to $2,500. I asked what the event area was. They gave me the exact cross streets, and it's pretty much all of downtown j-ville. This can't be a legal ordinance.

this....

Jeffersonville is free to pass all the ordnances they wish related to the regulation of firearms. They are simply void, NOT illegal. That is a big distinction. They can post all the "no guns on city property" signs they want. I believe the courts have already stated as such. (to that point I am willing to stand corrected).

Preemption prohibits enforcement.

not illegal, void.

Check out section 5:

IC 35-47-11.1-5 Civil actions concerning political subdivision violations Sec. 5. A person adversely affected by an ordinance, a measure,an enactment, a rule, or a policy adopted or enforced by a political subdivision that violates this chapter may file an action in a court with competent jurisdiction against the political subdivision for: (1) declarative and injunctive relief; and(2) actual and consequential damages attributable to the violation.As added by P.L.152-2011, SEC.4

and

IC 35-47-11.1-7 Civil actions; recovery of damages, costs, and fees Sec. 7. A prevailing plaintiff in an action under section 5 of this chapter is entitled to recover from the political subdivision the following: (1) The greater of the following: (A) Actual damages, including consequential damages.(B) Liquidated damages of three (3) times the plaintiff's attorney's fees.(2) Court costs (including fees).(3) Reasonable attorney's fees.As added by P.L.152-2011, SEC.4.

So if you don't exercise your constitutional right under threat of prosecution, you would be entitled under the law to sue the jurisdiction. Jeff'ville needs to do some homework.

 

[Harleyrider_50]

Smells like an OC/CC group meeting brewing up here.

Always been at'a way......on'a 'list'.......but rest assured.....'IS dude, whutever times I trek'd down to it.....ain't been by my lonesome..........most'a times in past......been at least 21 of us (Para P10)

 

[aaron580]

Sounds like a good day to OC an AR...

 

[actaeon277]

Check out section 5:


and


Sounds illegal to me.

There was a lawsuit about Hammond having an ordnance that violated the pre-emption laws.
It went to court.
The court ruled that as long as Hammond did NOT ENFORCE the laws, they were ok. They stated that people should do better research, and KNOW that the laws are misstated.

The case then went to the court of appeals.
Hammond won again.

There's a long thread about it around here somewhere.

 

[cobber]

Called Jeff. Police department. I was told that the ban is pretty much all of downtown and that if caught carrying (any carry) , according to the ordinance, I could be fined up to $2,500. I asked what the event area was. They gave me the exact cross streets, and it's pretty much all of downtown j-ville. This can't be a legal ordinance.

this....

Jeffersonville is free to pass all the ordnances they wish related to the regulation of firearms. They are simply void, NOT illegal. That is a big distinction. They can post all the "no guns on city property" signs they want. I believe the courts have already stated as such. (to that point I am willing to stand corrected).

Preemption prohibits enforcement.

There was a lawsuit about Hammond having an ordnance that violated the pre-emption laws.
It went to court.
The court ruled that as long as Hammond did NOT ENFORCE the laws, they were ok. They stated that people should do better research, and KNOW that the laws are misstated.

The case then went to the court of appeals.
Hammond won again.

There's a long thread about it around here somewhere.

As long as they don't enforce their law, the COA said no damages. But J-ville was threatening to enforce. Hammond didn't, but left the law on the books to intimidate the clueless. Which should be an offense.

This is why the courts aren't necessarily competent to decide whether a governmental action, eg Obamacare, is constitutional.

 

[actaeon277]

https://www.indianagunowners.com/fo...efense/165392-hammond-looking-trouble-68.html

Actually, I can't remember if appeals heard the case and sided with Hammond, or just refused to hear the case, allowing the decision to stand.

 

[Lammchop93]

From the WDRB article
"The memo also states the current initiation for the gang, which originated at Frost Middle School, requires the recruit to assault someone."

Really? Middle School gangs? This is why spanking should be allowed back in schools. These kids need some authority in their lives, seeing that their parents won't be there to teach them right and wrong.

 

[Destro]

So if you don't exercise your constitutional right under threat of prosecution, you would be entitled under the law to sue the jurisdiction. Jeff'ville needs to do some homework.

where are these public threats of prosecution?