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City council discusses gun laws

IL Staff
October 12, 2011
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Indiana Lawyer Rehearing

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

“I’ve got my fingers crossed that they’ll make the right choice this time,” Poland told Indiana Lawyer. “I would’ve thought that the first time around, this would’ve been a slam-dunk.”

At the Aug. 22 Hammond City Council meeting, Poland introduced a motion to repeal Hammond ordinance Chapter 132, Section 132.073, which bars guns in civil city public buildings. She said city attorney Kristina Kantar – who answers to the mayor – asked her to introduce the motion so the city would be compliant with state law. But 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.”

Zionsville attorney Guy Relford filed a lawsuit against the city for failing to align with state laws. The class-action suit, Samuel G. Dykstra and Michelle L. Bahus, et al. v. City of Hammond, No. 45D11-1108-PL-00086, seeks relief for a grandmother, a college student, and all people “adversely affected” by Hammond’s local gun ordinances.

“I haven’t just run off and sued any municipality that appears to be lagging behind,” he said. But he said that McDermott’s “open defiance” of the state law is what motivated him to file suit.

Relford also filed a lawsuit in Evansville on behalf of a man whom police removed from a city zoo after he refused to conceal his handgun.

In Benjamin A. Magenheimer v. the City of Evansville, et al., No. 82C01-1109-PL-476, Benjamin Magenheimer claims that on Sept. 10, four city police officers forcibly removed him from Mesker Park Zoo & Botanical Garden when he refused to conceal his handgun.

Relford said that police later claimed Magenheimer caused a scene after being asked to conceal his weapon, but that it’s clear that police violated state law by telling him to conceal his gun. After finding an item in the city’s municipal code that prohibits people from carrying firearms in city parks, Relford amended the original complaint to include a direct challenge to Evansville Municipal Code Section 2.45.070(C)(18).

Relford said that he knows some communities have worked quickly to change their local laws, but he called the incident in Evansville “egregious,” which he said sets it apart from other innocent violations of state law that may naturally occur as a result of outdated local ordinances.•
 

Rehearing "2 cities face gun-compliance lawsuits" IL Sept. 28-Oct. 11, 2011

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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