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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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