ILNews

Debate over local gun laws continues

Jenny Montgomery
November 9, 2011
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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

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. 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

ADVERTISEMENT