Online poll about carry at town board meetings (Clarksville)

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  • littletommy

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    A holler in Kentucky
    newsandtribune.com | Community Focused. Community Minded.
    You'll have to scroll down almost to the bottom of the page to find the poll. Long story short, our town judge decided awhile back to ban guns from town hall because his court room might be in session. His ban didn't just cover the time court was in session, though, and included the entire town hall at all times. There's been some back and forth between the judge and town council, and, last I heard, the council has voted to allow guns back in during their meetings.

    the local liberal rag, of course, is in a tizzy. If you could find the time to hit this poll, it would be appreciated. So far, it's around 70% in favor of carrying in town hall.
     

    littletommy

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    Thanks all! I can't seem to locate the article from last year when the judges order was handed down, it goes into more detail about the decision, and pretty much only presented the judges reasoning behind it. This has been a hot button issue since then, and while I realize the judge has the authority to issue the ban, the fact that it was all encompassing, is what has a lot of folks upset. Clarksville town court is not in session every day, in fact, it was until recently only in session two days a week, although I'm thinking they may have added a third day at the beginning of the year.
     

    Bfish

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    Voted...

    Look on the right side of the page, it took me forever to find it for some reason!
     

    TheSpark

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    Do they, or the judge, really have any legal standing to ban guns at the meetings? Even if they do, I believe it would not be legally enforceable. It would just be another case of you have to leave if discovered or faced trespassing charges.
     

    eldirector

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    Do they, or the judge, really have any legal standing to ban guns at the meetings? Even if they do, I believe it would not be legally enforceable. It would just be another case of you have to leave if discovered or faced trespassing charges.
    .
    Indiana's firearm preemption law covers this. Political Subdivisions may not have ordinances regarding carry (and several other things). Two of the several exceptions are:
    (3) A court or administrative law judge from hearing and resolving any case or controversy or issuing any opinion or order on a matter within the jurisdiction of the court or judge.
    and
    (5) Subject to IC 35-47-16-1, the enactment or enforcement of a provision prohibiting or restricting the possession of a firearm in any building that contains the courtroom of a circuit,superior, city, town, or small claims court. However, if a portion of the building is occupied by a residential tenant or private business, any provision restricting or prohibiting the possession of a firearm does not apply to the portion of the building that is occupied by the residential tenant or private business, or to common areas of the building used by a residential tenant or private business.
    In the first, violation would be contempt of court. In the second, it would be an ordinance violation.

    Sounds like the town council take exception to the overly broad court order, that ends up impacting much more than just the court. Easy fix, if the judge wanted to play nice. Don't know how the council will fix it, as they are NOT allowed to have any say in the matter.
     
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