Brookville Issue

[Farmritch]

Forwarded lnformation

I had a conversation with the Brookville, IN city attorney, Mike Wilheim. I'm not sure about the spelling on that last name.

He told me that if the citizens in Brookville want to repeal that ordinance(his words) they can call the city clerk's office 765-647-3322 and get their name on the agenda and have the council revisit that issue. The council meetings are on the second and fourth Tuesday of each month and they start at 7 PM

He indicated that any resident who gets their name on the agenda can ask for anyone or group outside the town to also speak. I've talked to some folks who live somewhat close to that town if they would be willing to assist and they said they would.

It would be nice if this e-mail could get circulated among those in the town of Brookville and perhaps those citizens can flex their Constitutional muscle and convince those council members to recognize that their ordinance reaches beyond the scope of reason.

I have also had a conversation with the NRA lobbyist about this matter and will be happy to report any action that may come of that phone call.

Meanwhile, lets see if the good folks of the town of Brookville will establish their position and bring the council back to a point of conforming to the Constitution they swore an oath to. I'm told that two of those members are up for re-election.

Jim and Margie
2nd Amendment Patriots
STAY UNITED
www.2ndamendmentpatriots.org

[Scutter01]

Originally Posted by Farmritch

He told me that if the citizens in Brookville want to repeal that ordinance(his words)

What ordinance?

[nox]

Yeah what is the ordinance in question? My wife's family all live in Brookville.

[Timjoebillybob]

Originally Posted by Scutter01

What ordinance?

Shame on you, Scutter. Being a Mod you should know every thread by heart.
I just a simple poster has an idea of what he is talking about.(I think)

http://ingunowners.com/forums/carry_...ordinance.html

Jeez its only a month old, you'd think your allowed to have a life outside INGO. But forget that thread it was brought up in the past WEEK there is no excuse for you slacking on this.

http://ingunowners.com/forums/carry_...tml#post660751

I expect better from our unpaid, overworked and not beaten enough mods.

[Ahab]

I had a similar experience to Jim - calls to the clerk are being referred to Michael Wilhelm, the city attorney who said exactly that. If you want the ordinance prohibiting carry on town property repealed, then if you're a Brookville resident you'll need to contact the Town Council and request a meeting.

More on the Brookvile, IN gun ban here.

[rmcrob]

Here's the Gun Rights Media post on it:

Brookville Indiana passes Gun Ban: Gun Nuts Media

I was thinking the Indiana law did not allow localities to ban guns. Only localities that had existing bans were allowed to keep them. Did I misrememberate that?

[INGunGuy]

AS I have stated in previous posts, they did the same thing in Jeffersonville with the City-County building. I would love to figure out how to start the process of getting this ordinance repealed.

INGunGuy

[INGunGuy]

Originally Posted by rmcrob

Here's the Gun Rights Media post on it:

Brookville Indiana passes Gun Ban: Gun Nuts Media

I was thinking the Indiana law did not allow localities to ban guns. Only localities that had existing bans were allowed to keep them. Did I misrememberate that?

You are correct and incorrect at the same time, IC states:

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.

INGunGuy

[Ahab]

Yeah, the person from whom I got the initial heads up on the story had the ordinance vetted by an attorney - it seems that Towns are able to get away with shenanigans like this specifically because Indiana's preemption law is rather weak and not well written.

[CarmelHP]

Thank Evan Bayh. He threatened to veto preemption as governor if that little gem was not added.