ILNews

Debate over local gun laws continues

Jenny Montgomery
November 9, 2011
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Indiana Lawyer Rehearing

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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  1. Diocese of Fort Wayne-South Bend in December, but U.S. District Judge Robert Miller later reduced that to about $540,000 to put the damages for suffering under the statutory cap of $300,000.

  2. I was trying to remember, how did marriage get gay in Kentucky, did the people vote for it? Ah no, of course not. It was imposed by judicial fiat. The voted-for official actually represents the will of the majority in the face of an unelected federal judiciary. But democracy only is just a slogan for the powerful, they trot it out when they want and call it bigotry etc when they don't.

  3. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  4. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  5. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

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