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. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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