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Debate over local gun laws continues

November 9, 2011

On Oct. 24, the Hammond City Council again declined to repeal ordinances introduced by Councilwoman Kim Poland that would modify local gun laws in order to align with new state laws.

Zionsville attorney Guy Relford, who attended that meeting, advised Indiana Lawyer on Oct. 27 that he has now moved for summary judgment in Samuel G. Dykstra and Michelle L. Bahus, et al. v. City of Hammond, No. 45D11-1108-PL-00086. Relford originally filed the suit on behalf of a grandmother, college student and all people “adversely affected” by Hammond’s local gun ordinances.

In his most recent motion, Relford wrote, “Most importantly, the actual definition of the term ‘adversely affected’ contained in Ind. Code Section 35-47-11.1-6 does not contain any reference whatsoever to enforcement – only that a person be ‘subject to’ an illegal regulation, and a person is ‘subject to’ an illegal regulation if he or she merely ‘is or was present within the boundaries of the political subdivision for any reason.’ (Ind. Code §35-47-11.1-6.) That standard is easily met by Plaintiffs here.”

At the Aug. 22 Hammond City Council meeting, Mayor Thomas McDermott expressed his opposition to repealing local laws.

McDermott, facing the council, said: “I can tell you I have every intention (of) not signing this ordinance if we pass it. I don’t think it’s a good policy to set, and if it’s state law, then let’s let our legislators explain it, why they think it’s safe for us to carry weapons in city buildings.”

Rehearing "City council discusses gun laws" IL Oct. 12-25, 2011

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