Local Prohibition of Firearms

[Redtbird]

The county parks in Monroe County prohibit firearms (to include pellet air-rifles) in any of their parks.

 

[Titanium_Frost]

Just an FYI but I think they can still ban air rifles and pellet guns. They are not covered under preemption.

 

[eldirector]

Just an FYI but I think they can still ban air rifles and pellet guns. They are not covered under preemption.

Yep. The "preemption" statute specifically mentions firearms. Air and pellet guns are not firearms. Local government can regulate the heck out of 'em still. Same with bows, knives, and even atlatl.

 

[Titanium_Frost]

Yep. The "preemption" statute specifically mentions firearms. Air and pellet guns are not firearms. Local government can regulate the heck out of 'em still. Same with bows, knives, and even atlatl.

Political Subdivisions can regulate knives? Any examples?

 

[eldirector]

Political Subdivisions can regulate knives? Any examples?

From Brownsburg's Ordinances:
American Legal Publishing - Online Library

§ 130.08 DANGEROUS KNIVES.

(A) Definition. DANGEROUS KNIFE means any knife having a blade more than three-and-one-half (3½) inches in length, any dagger, sword, bayonet, bolo knife, hatchet, straight-edge razor, or razor blade not in a package, dispenser, or shaving appliance.

(`92 Code, § 6-60)

(B) Possession and sale of dangerous knives. It is unlawful for anyone to knowingly carry concealed on his person or in any vehicle any dangerous knife, or to sell or give away to any person under eighteen (18) years of age to purchase or possess a dangerous knife.

(`92 Code, § 6-61)

(C) Exemptions. Division (B) of this section shall not apply to the following:

(1) Individually licensed hunters or fishermen while on hunting, camping or fishing trips.

(2) Any person over eighteen (18) years of age carrying a knife in a secure wrapper from or to the place of purchase, to or from a place of repair, or to his home or place of business.

(3) Any person while in his place of abode or fixed place of business.

(`92 Code, § 6-62) (Ord. 92-25, passed 8-27-92) Penalty, see § 130.99

 

[Titanium_Frost]

Wow. What a crock. I guess next on the "To Do" list is knife preemption...

 

[Mr. Habib]

The county parks in Monroe County prohibit firearms (to include pellet air-rifles) in any of their parks.

The Monroe county Solid Waste management District, aka the recycling centers, still bans firearms at their sites. makes me enjoy OCing there even more.

 

[eldirector]

Wow. What a crock. I guess next on the "To Do" list is knife preemption...

I mentioned it to Sen. Tomes when several of us met with him a year or so ago. He and his aid were surprised, and made a note of it. Probably time to bring it up again.

It would be nice for folks to realize that "arms" <> handguns. We have the right to keep and carry any tool we want for our defense (and that of the state).

The B-burg ordinance is just plain dumb. You can't carry a steak knife to the park. A box knife (razor blade not in a shaving appliance) is illegal. I don't know what they were smoking back in '92, but it must have been good stuff (and also against their ordinances).

And BTW: there are 22 Indiana towns/cities/counties on the American Legal Publishing site that have ordinances restricting knives. I am sure there are MANY more that don't publish with this service.

 

[remauto1187]

Yep. The "preemption" statute specifically mentions firearms. Air and pellet guns are not firearms. Local government can regulate the heck out of 'em still. Same with bows, knives, and even atlatl.

Unless you are in Illinois. A .22 caliber air rifle is considered a firearm. Better check Indiana's definition.
Here is the illinois reference:
Firearm Owner's Frequently Asked Questions

"Firearm" means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding however:
(1) any pneumatic gun, spring gun, paint ball gun or B-B gun which either expels a single globular projectile not exceeding .18 inch in diameter and which has a maximum muzzle velocity of less than 700 feet per second or breakable paint balls containing washable marking colors;
(2) any device used exclusively for signalling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;
(3) any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition; and
(4) an antique firearm (other than a machine-gun) which, although designed as a weapon, the Department of State Police finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.

 

[eldirector]

Unless you are in Illinois. A .22 caliber air rifle is considered a firearm. Better check Indiana's definition.

I did. Here is the reference:
Indiana Code 35-47-1

IC 35-47-1-5
"Firearm"

Sec. 5. "Firearm" means any weapon:
(1) that is:
(A) capable of expelling; or
(B) designed to expel; or
(2) that may readily be converted to expel;
a projectile by means of an explosion.
As added by P.L.311-1983, SEC.32. Amended by P.L.3-2008, SEC.254.

 

[GodFearinGunTotin]

 

[Hawkeye]

From Brownsburg's Ordinances:
American Legal Publishing - Online Library

"It is unlawful for anyone to knowingly carry concealed on his person or in any vehicle"

So, does this mean that I can open carry my Scottish Claymore 2-handed sword over my shoulder, or my 1860 Heavy Cavalry Saber at my side?

Neither woudl be concealed!

 

[eldirector]

"It is unlawful for anyone to knowingly carry concealed on his person or in any vehicle"

So, does this mean that I can open carry my Scottish Claymore 2-handed sword over my shoulder, or my 1860 Heavy Cavalry Saber at my side?

Neither woudl be concealed!

Yep!

And let me know when you do. I gotta see this!

 

[EvilBlackGun]

Is a knife "Arms"?

If so, then the II Amendment already covers it .... especially a bayonet. Shall we approach it on that grounds? It seems it would then be up to the powers-that-be to prove a bayonet is NOT an "ARM" under II Amendment definitions. Let's get the "To Do" list cooking. EBG

Wow. What a crock. I guess next on the "To Do" list is knife preemption...

 

[Titanium_Frost]

If so, then the II Amendment already covers it .... especially a bayonet. Shall we approach it on that grounds? It seems it would then be up to the powers-that-be to prove a bayonet is NOT an "ARM" under II Amendment definitions. Let's get the "To Do" list cooking. EBG

The 2A does not include carrying these "arms" in public yet as defined by the SCOTUS. We would need to go at it on the state level just like SB292 did for firearms.

 

[Hawkeye]

The 2A does not include carrying these "arms" in public yet as defined by the SCOTUS. We would need to go at it on the state level just like SB292 did for firearms.

What is your support for this statement - that the 2A would not cover knives? I'm not sure that I agree with that, as "arms" particularly in the 18th century usage woudl inlcude edged weapons, pole-arms, etc.

 

[Titanium_Frost]

The 2A does not include carrying these "arms" in public yet as defined by the SCOTUS. We would need to go at it on the state level just like SB292 did for firearms.

What is your support for this statement - that the 2A would not cover knives? I'm not sure that I agree with that, as "arms" particularly in the 18th century usage woudl inlcude edged weapons, pole-arms, etc.

You are misunderstanding my post. Knives ARE arms, any weapon is.

Try carrying a handgun in Indiana without the state's permission- you will be arrested and charged with a crime. The Second Amendment to the United States Constitution and more specifically the Indiana Constitution itself does not yet apply to carrying Arms/weapons/handguns/knives/grenades/et al. in public without state permission. They are regulated or "infringed" if you will at the state and federal levels for firearms and local, state and federal levels for everything else.

The phrase "The 2A says I can carry this [insert weapon of choice] anywhere I want" is not valid in the eyes of the courts, neither state nor federal.

 

[EvilBlackGun]

What surprised me ...

... was the fear-&-trembling factor this gumshoe cop tried to whupp out at me. Like, the*new sign was the same size and shape as the old sign, and it HAD been legal to carry / import a weapon as far as the guard-shack AND LOCK IT UP THERE IN A SAFE. Is there any stipulation anywhere as to the precise duty and obligation of a V.A. cop?

If the building is operated by the Veteran's Administration, it is a "federal facility" and it's always been illegal to carry there, just like the post office.

Guy

 

[EvilBlackGun]

Are you saying that I would be "locked up"...

... if I carried, sheathed, belt-mounted, laced to thigh, a bayonet, if I were NOT on my way to a hunting expedition? No, I do not advocate toting an AR-15 over my shoulder in Dunham's, but if on the jury for the trial of a man accused of such, I would vote"acquit." Can you cite case law for "The 2A does not include carrying ... &c. in public yet?" Yes, I know it is hard to prove the negative, but broad brush-strokes is good enough for my purpose, here, thanks. RBG

The 2A does not include carrying these "arms" in public yet as defined by the SCOTUS. We would need to go at it on the state level just like SB292 did for firearms.

 

[Bunnykid68]

... if I carried, sheathed, belt-mounted, laced to thigh, a bayonet, if I were NOT on my way to a hunting expedition? No, I do not advocate toting an AR-15 over my shoulder in Dunham's, but if on the jury for the trial of a man accused of such, I would vote"acquit." Can you cite case law for "The 2A does not include carrying ... &c. in public yet?" Yes, I know it is hard to prove the negative, but broad brush-strokes is good enough for my purpose, here, thanks. RBG

Some cities still have blade length laws do they not? And SB 292 did nothing to remedy that.