Monon Woes - Carrying Anyway

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  • Aszerigan

    Whitetail Trading Co.
    Industry Partner
    Rating - 100%
    390   0   0
    Aug 20, 2009
    6,043
    113
    Bean Blossom, IN
    Question for those better informed than me -

    I know Mitch Daniels was trying to pass legislation allowing permit holders to carry in state parks. I believe he was successful. Reading the news this morning, I see there was another attack on the Monon trail. I also know that the Monon is supposedly a "gun-free" zone.

    My question is this: Does that state granted authority to carry in state parks allow one to carry on the Monon? Is the Monon still considered a "gun free" zone after the legislation has passed? If what I've heard is correct, the Monon is considered a local "Greenway" and not a park.

    Indy Parks [Archive] - Glock Talk

    Just looking for an answer. Law code would be nice. Thanks !
     

    eldirector

    Grandmaster
    Rating - 100%
    10   0   0
    Apr 29, 2009
    14,677
    113
    Brownsburg, IN
    In Indianapolis and Marion County, the Monon is considered a city park, and falls under their "no firearms" rule. You can't carry, but the criminals will.

    Outside of IndyGov, other jurisdictions apply. There is a thread on here somewhere re: Carry in Parks (here: https://www.indianagunowners.com/fo...ks_that_are_no_carry_due_to_town_or_city.html). Looks like Carmel is the same, and I'm not sure what other towns the trail goes through.
     

    OEF5

    Expert
    Rating - 0%
    0   0   0
    May 15, 2010
    1,027
    36
    Mooresville
    I wonder if you carried while on the Monon and defended yourself or someone else if you would get charged? How would that look to the press if a legal LTCH person got charged for being at the right place at the time of an incident?

    Just my thoughts.
     

    IndySSD

    Master
    Rating - 100%
    8   0   0
    Jun 14, 2010
    2,817
    36
    Wherever I can CC le
    I also know that the Monon is supposedly a "gun-free" zone.

    There are no "Gun-Free" zones, there are only criminal "Free Fire" zones where criminals can rest assured that they are the only armed non LEO around.

    I think our fabulous mayor should post these signs at every entrance and road crossing of the monon trail, since it falls under "Indy Parks".

    GFzone.jpg
     

    Colt556

    Grandmaster
    Rating - 100%
    65   0   0
    Feb 12, 2009
    8,998
    113
    Avon
    There are some INGO members wanting to do a ride from Broad Ripple to Carmel for lunch soon. It would be nice to know the exact law and penalties. Most crimes on the Monon happen at night or when someone is just unaware of their location/surroundings. I think North of say 46th wouldn't be to bad, especially for a group on bikes.
     

    furbymac

    Expert
    Rating - 0%
    0   0   0
    Apr 7, 2009
    1,079
    36
    noblesville
    Question for those better informed than me -

    I know Mitch Daniels was trying to pass legislation allowing permit holders to carry in state parks. I believe he was successful. Reading the news this morning, I see there was another attack on the Moron trail. I also know that the Moron is supposedly a "gun-free" zone.

    My question is this: Does that state granted authority to carry in state parks allow one to carry on the Moron? Is the Moron still considered a "gun free" zone after the legislation has passed? If what I've heard is correct, the Moron is considered a local "Greenway" and not a park.

    Indy Parks [Archive] - Glock Talk

    Just looking for an answer. Law code would be nice. Thanks !
    fify:D
     

    eldirector

    Grandmaster
    Rating - 100%
    10   0   0
    Apr 29, 2009
    14,677
    113
    Brownsburg, IN
    There are some INGO members wanting to do a ride from Broad Ripple to Carmel for lunch soon. It would be nice to know the exact law and penalties. Most crimes on the Monon happen at night or when someone is just unaware of their location/surroundings. I think North of say 46th wouldn't be to bad, especially for a group on bikes.

    The ordinance in question:
    Sec. 631-108. Discharging firearms. It shall be unlawful for any person, unless authorized by resolution of the board of parks and recreation, to discharge any firearms or have possession of any firearms or other explosive devices, or to endanger others by the use of any weapon, article or device, within any park, playground or on any property controlled or leased by the department of parks and recreation, or on which a concession has been granted by it.

    (Code 1975, § 22-8)

    Cross references: Weapons, ch. 451.
    I do not see a violation provision, so I assume (?) that you would simply be told to leave, and if you do not comply, charged with trespass? I have heard that they can:
    confiscate your firearm and issue a summons to court. I believe the penatly is up to $1500 fine, judge may try to dispose of the firearm.
    But I can't confirm this.

    Here is the list of fines if you want to cross-check me:
    http://library4.municode.com/default-test/DocView/12016/1/6/9

    My source:
    Municode.com | Online Library
     

    Arm America

    Expert
    Rating - 0%
    0   0   0
    Jan 26, 2009
    1,381
    38
    West of Greenwood
    With the 4-reported cases of bodily harm on the bike/walking trail this year,
    it seems like this could be a perfect opportunity to bombard city officials with
    a request to have the law changed to allow personal protection at the City Parks.

    After all, the taxpayers are the ones that paid for them.

    I know that INGO has grown by leaps and bounds.

    While not all here reside and use the Indianapolis Parks,
    they are not limited to residents of Marion County.

    Maybe someone could post an address or e-mail that could be used
    to voice our desire to protect ourselves from the unfriendliest of vermin
    while using the parks.
     

    mrjarrell

    Shooter
    Rating - 0%
    0   0   0
    Jun 18, 2009
    19,986
    63
    Hamilton County
    With the 4-reported cases of bodily harm on the bike/walking trail this year,
    it seems like this could be a perfect opportunity to bombard city officials with
    a request to have the law changed to allow personal protection at the City Parks.

    After all, the taxpayers are the ones that paid for them.

    I know that INGO has grown by leaps and bounds.

    While not all here reside and use the Indianapolis Parks,
    they are not limited to residents of Marion County.

    Maybe someone could post an address or e-mail that could be used
    to voice our desire to protect ourselves from the unfriendliest of vermin
    while using the parks.
    Contact the mayor and your city council member. You could also contact Councilor Ed Coleman and lend him your support.
     

    Squib

    Sharpshooter
    Rating - 100%
    3   0   0
    Mar 28, 2010
    663
    18
    Indianapolis
    Just an FYI. A good friend was riding his bike on the Monon last fall when two thugs knocked him down and beat on him before stealing his wallet and watch. It was at the intersection of 56th Street.

    They were caught and one got 10 years. Of course, he'll probably be out next year!
     

    jbombelli

    ITG Certified
    Rating - 100%
    10   0   0
    May 17, 2008
    13,057
    113
    Brownsburg, IN
    It looks to me like a person can be fined up to $2,500 for a first violation, and up to $7,500 for 2nd / subsequent violations:
    *************************
    Sec. 103-3. General penalties for violations of Code.
    (a) Whenever in any chapter, article, division or section of this Code, or of any ordinances amendatory thereof or supplemental thereto:

    (1) The doing of any act, or the omission to do any act or to perform any duty, is declared to be a violation of this Code, or of any such amendatory or supplemental ordinance, or of any provision thereof, or is declared to be unlawful; and

    (2) If there shall be no fine or penalty otherwise specifically prescribed (which I didn't see any prescribed) or declared for any such violation, or for doing or for omitting to do any such act or to perform any such duty;

    any person found to have committed any such violation shall be fined, by way of a penalty therefor, an amount not exceeding any limitation under IC 36-1-3-8 for each such violation, act or omission.
    ************************

    IC 36-1-3-8
    Powers specifically withheld
    Sec. 8. (a) Subject to subsection (b), a unit does not have the following:
    ......
    (10) The power to prescribe a penalty of a fine as follows:
    (A) More than ten thousand dollars ($10,000) for the violation of an ordinance or a regulation concerning air emissions adopted by a county that has received approval to establish an air program under IC 13-17-12-6.
    (B) For a violation of any other ordinance:
    (i) more than two thousand five hundred dollars ($2,500) for a first violation of the ordinance; and
    (ii) except as provided in subsection (c), more than seven thousand five hundred dollars ($7,500) for a second or subsequent violation of the ordinance.
    ***************************

    SOMEBODY correct me if I'm wrong?
     
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