ILNews

City council discusses gun laws

IL Staff
October 12, 2011
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  2. Hi I am Mr Damian Parker the creditor of Private loans, and I'm here to make your dreams come true to get a loan. Do you need a loan urgently? Do you need a loan to pay off your debts? Do you need a loan for expansion of your business or start your own business, we are here for you with a low interest rate of 3% and you can get a credit of 1,000 to 100,000,000.00 the maximum loan amount and up to 20 years loan duration. Contact us today for more information at dparkerservices@hotmail.com

  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

ADVERTISEMENT