High capacity mags illegal in South Bend????

Yamaha · 05-21-2008

I have been told they are illegal to carry and have noticed that the factory 17rd glock mags for the g17 are illegal to be purchased if you live in south bend. So my question is, can anyone up there tell me the ordinance or if it is in fact true, I would like a clarification on this. I wish to carry my g17 with me when I go visit friends in june.

So, anyone???

my magazines are not marked law enforcement only.

BloodEclipse · 05-21-2008

From what I have read on other forums it is an unenforceable law since it is more restrictive then State law. You might try going here and asking... if you do let us know what they say.
SBPD Ask A Cop

Yamaha · 05-22-2008

Quote:

Originally Posted by BloodEclipse

From what I have read on other forums it is an unenforceable law since it is more restrictive then State law. You might try going here and asking... if you do let us know what they say.
SBPD Ask A Cop

I will let you know, I actually love that ask a cop thing. pretty neat.

I suppose the answer will determine if I'll take the glock or colt with me(yay for pocket guns)

btw, thanks for the link

AFA1CY · 05-22-2008

A word of caution. Do not take anything the police or police blog tells you as fact. Police do make mistakes and sometimes will outright mislead you. A person asked Fort Wayne PD on their blog if you could open carry. They were told by the FWPD that it was ILLEGAL to OC. After some responses from those who know better the FWPD retracted the statement but still insisted that you should CC. If you have any questions about if something is legal contact a lawyer.

TomN · 05-22-2008

I've heard that there is some ordinance here prohibiting mags over 15 rounds, but I've never worried too much about it. I carry my G17 in South Bend all the time. Especially on the west side.

IUGradStudent · 05-22-2008

Local governments in Indiana can't regulate that sort of thing. You're good to go.

IC 35-47-11-2

Sec. 2. Notwithstanding IC 36-1-3, a unit may not regulate in any manner the ownership, possession, sale, transfer, or transportation of firearms (as defined in IC 35-47-1-5) or ammunition except as follows:
(1) This chapter does not apply to land, buildings, or other real property owned or administered by a unit, except highways (as defined in IC 8-23-1-23) or public highways (as defined in IC 8-2.1-17-14).
(2) Notwithstanding the limitation in this section, a unit may use the unit's planning and zoning powers under IC 36-7-4 to prohibit the sale of firearms within two hundred (200) feet of a school by a person having a business that did not sell firearms within two hundred (200) feet of a school before April 1, 1994.
(3) Notwithstanding the limitation in this section, a legislative body of a unit other than a township may adopt an emergency ordinance or a unit other than a township may take other action allowed under section 6 of this chapter to regulate the sale of firearms anywhere within the unit for a period of not more than seventy-two (72) hours after the regulatory action takes effect.
As added by P.L.140-1994, SEC.13.

Indiana Code 35-47-11

NateIU10 · 05-22-2008

State preemption makes the local ordinance unenforcable, you're good to go

AFA1CY · 05-22-2008

If you are going to quote the Indiana Code do the complete chapter.

IC 35-47-11-1
Applicability of chapter
Sec. 1. (a) Section 2 of this chapter applies to all units (as defined in IC 36-1-2-23). All other sections of this chapter apply to all units other than townships.
(b) This chapter applies only if a statute expressly grants a legislative body the authority to adopt an emergency ordinance under this chapter.
(c) This chapter does not affect the validity of an ordinance adopted before, and in effect on, January 1, 1994.
As added by P.L.140-1994, SEC.13.

IC 35-47-11-2
Regulation of firearms by units other than townships
Sec. 2. Notwithstanding IC 36-1-3, a unit may not regulate in any manner the ownership, possession, sale, transfer, or transportation of firearms (as defined in IC 35-47-1-5) or ammunition except as follows:
(1) This chapter does not apply to land, buildings, or other real property owned or administered by a unit, except highways (as defined in IC 8-23-1-23) or public highways (as defined in IC 8-2.1-17-14).
(2) Notwithstanding the limitation in this section, a unit may use the unit's planning and zoning powers under IC 36-7-4 to prohibit the sale of firearms within two hundred (200) feet of a school by a person having a business that did not sell firearms within two hundred (200) feet of a school before April 1, 1994.
(3) Notwithstanding the limitation in this section, a legislative body of a unit other than a township may adopt an emergency ordinance or a unit other than a township may take other action allowed under section 6 of this chapter to regulate the sale of firearms anywhere within the unit for a period of not more than seventy-two (72) hours after the regulatory action takes effect.
As added by P.L.140-1994, SEC.13.

If a city (e.g. South Bend) has enacted the ordinance prior to January 1, 1994 is is valid.

IUGradStudent · 05-23-2008

My bad, my bad. Pre-1994 laws stay on the books. South Bend's law was much later though, right?

Interesting question: How many pre-1994 local ordinances are there in Indiana? Is Speedway's no-concealed carry ordinance pre-1994? Other others?

Kirk Freeman · 05-23-2008

IUGrad, the preemption statute was written to ensure that the cities with heavy populations of African-Americans could keep their firearms restrictions (e.g. Gary, Indiana).

05-21-2008	#1 (permalink)
Yamaha Marksman Join Date: May 2008 Posts: 308	High capacity mags illegal in South Bend???? I have been told they are illegal to carry and have noticed that the factory 17rd glock mags for the g17 are illegal to be purchased if you live in south bend. So my question is, can anyone up there tell me the ordinance or if it is in fact true, I would like a clarification on this. I wish to carry my g17 with me when I go visit friends in june. So, anyone??? my magazines are not marked law enforcement only. __________________ G17, G33, 1903/8..........38caliber love

05-21-2008	#2 (permalink)
BloodEclipse Sheepdog Join Date: Apr 2008 Posts: 1,446	From what I have read on other forums it is an unenforceable law since it is more restrictive then State law. You might try going here and asking... if you do let us know what they say. SBPD Ask A Cop __________________ Smoke bacon not weed. Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same. Ronald Reagan

05-22-2008	#5 (permalink)
TomN 'Tis but a flesh wound! Join Date: Mar 2008 Location: Mishawaka Posts: 1,644	I've heard that there is some ordinance here prohibiting mags over 15 rounds, but I've never worried too much about it. I carry my G17 in South Bend all the time. Especially on the west side. __________________ If you carry a gun, people call you paranoid. That's ridiculous. If I have a gun, what in the hell do I have to be paranoid about? - Clint Smith

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05-22-2008	#4 (permalink)
AFA1CY Engineer and all around geek Join Date: Mar 2008 Posts: 609	A word of caution. Do not take anything the police or police blog tells you as fact. Police do make mistakes and sometimes will outright mislead you. A person asked Fort Wayne PD on their blog if you could open carry. They were told by the FWPD that it was ILLEGAL to OC. After some responses from those who know better the FWPD retracted the statement but still insisted that you should CC. If you have any questions about if something is legal contact a lawyer.

05-22-2008	#6 (permalink)
IUGradStudent Plinker Join Date: Apr 2008 Posts: 159	Local governments in Indiana can't regulate that sort of thing. You're good to go. IC 35-47-11-2 Sec. 2. Notwithstanding IC 36-1-3, a unit may not regulate in any manner the ownership, possession, sale, transfer, or transportation of firearms (as defined in IC 35-47-1-5) or ammunition except as follows: (1) This chapter does not apply to land, buildings, or other real property owned or administered by a unit, except highways (as defined in IC 8-23-1-23) or public highways (as defined in IC 8-2.1-17-14). (2) Notwithstanding the limitation in this section, a unit may use the unit's planning and zoning powers under IC 36-7-4 to prohibit the sale of firearms within two hundred (200) feet of a school by a person having a business that did not sell firearms within two hundred (200) feet of a school before April 1, 1994. (3) Notwithstanding the limitation in this section, a legislative body of a unit other than a township may adopt an emergency ordinance or a unit other than a township may take other action allowed under section 6 of this chapter to regulate the sale of firearms anywhere within the unit for a period of not more than seventy-two (72) hours after the regulatory action takes effect. As added by P.L.140-1994, SEC.13. Indiana Code 35-47-11

05-22-2008	#7 (permalink)
NateIU10 Glocker Join Date: Feb 2008 Location: Bloomington Posts: 1,085	State preemption makes the local ordinance unenforcable, you're good to go

05-22-2008	#8 (permalink)
AFA1CY Engineer and all around geek Join Date: Mar 2008 Posts: 609	If you are going to quote the Indiana Code do the complete chapter. IC 35-47-11-1 Applicability of chapter Sec. 1. (a) Section 2 of this chapter applies to all units (as defined in IC 36-1-2-23). All other sections of this chapter apply to all units other than townships. (b) This chapter applies only if a statute expressly grants a legislative body the authority to adopt an emergency ordinance under this chapter. (c) This chapter does not affect the validity of an ordinance adopted before, and in effect on, January 1, 1994. As added by P.L.140-1994, SEC.13. IC 35-47-11-2 Regulation of firearms by units other than townships Sec. 2. Notwithstanding IC 36-1-3, a unit may not regulate in any manner the ownership, possession, sale, transfer, or transportation of firearms (as defined in IC 35-47-1-5) or ammunition except as follows: (1) This chapter does not apply to land, buildings, or other real property owned or administered by a unit, except highways (as defined in IC 8-23-1-23) or public highways (as defined in IC 8-2.1-17-14). (2) Notwithstanding the limitation in this section, a unit may use the unit's planning and zoning powers under IC 36-7-4 to prohibit the sale of firearms within two hundred (200) feet of a school by a person having a business that did not sell firearms within two hundred (200) feet of a school before April 1, 1994. (3) Notwithstanding the limitation in this section, a legislative body of a unit other than a township may adopt an emergency ordinance or a unit other than a township may take other action allowed under section 6 of this chapter to regulate the sale of firearms anywhere within the unit for a period of not more than seventy-two (72) hours after the regulatory action takes effect. As added by P.L.140-1994, SEC.13. If a city (e.g. South Bend) has enacted the ordinance prior to January 1, 1994 is is valid.

05-23-2008	#9 (permalink)
IUGradStudent Plinker Join Date: Apr 2008 Posts: 159	My bad, my bad. Pre-1994 laws stay on the books. South Bend's law was much later though, right? Interesting question: How many pre-1994 local ordinances are there in Indiana? Is Speedway's no-concealed carry ordinance pre-1994? Other others?

05-23-2008	#10 (permalink)
Kirk Freeman Director At Large, ISRPA Join Date: Mar 2008 Location: downtown Lafayette, Indiana Posts: 278	IUGrad, the preemption statute was written to ensure that the cities with heavy populations of African-Americans could keep their firearms restrictions (e.g. Gary, Indiana).