Fort Wayne Parks... Are we OK to carry?

[Paco Bedejo]

97.62 HUNTING, FIREWORKS, AND FIREARMS PROHIBITED
"No person shall be allowed to carry firearms; to molest, hunt, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw objects at or to set snares for any wildlife, animals, birds, reptiles and fish within the limits of any park or within five hundred feet thereof except with written permission of the Department. Fireworks, firearms, "BB" guns, slingshots, pea shooters, blow guns and paint ball guns are prohibited in all park areas unless permission has been obtained from the Department. No person is permitted to practice archery or use a bow and arrow or crossbow or other similar device in any park."

-From Ordinance Language

It looks pretty clear that this prohibits firearms from Fort Wayne's parks. What is the penalty for an infraction of this ordinance? I'd like to go watch my church's softball game tonight at Kreager Park...but I'm holding fast to my boycott of places where I can get "in trouble" for exercising my inalienable rights...

Any insight would be appreciated!

PS: I tried to search via Google (fort wayne park site:ingunowners.com) & didn't find any insight.

 

[JoshuaW]

My interpretation of that statute would be that you can not carry a firearm in order to "to molest, hunt, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw objects at or to set snares for any wildlife, animals, birds, reptiles and fish within the limits of any park or within five hundred feet thereof".

Based on that, I think you are okay. However, I am not a lawyer, and I dont play one on TV. Furthermore, I am sure there is someone on here that is more familiar with Fort Wayne and their local ordinances.

 

[kboom524]

97.62 HUNTING, FIREWORKS, AND FIREARMS PROHIBITED
Fireworks, firearms, "BB" guns, slingshots, pea shooters, blow guns and paint ball guns are prohibited in all park areas unless permission has been obtained from the Department.

This is the line they will use. Doesn't matter if you are molesting wildlife or not. Thats why I don't go.

 

[remymartin]

I interpret "permission" to mean LTCH.

 

[finity]

My interpretation of that statute would be that you can not carry a firearm in order to "to molest, hunt, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw objects at or to set snares for any wildlife, animals, birds, reptiles and fish within the limits of any park or within five hundred feet thereof".

Based on that, I think you are okay. However, I am not a lawyer, and I dont play one on TV. Furthermore, I am sure there is someone on here that is more familiar with Fort Wayne and their local ordinances.

Your interpretation COULD be correct except for that pesky ";" after the word firearm.

Placing the semicolon there is the same as saying "No person shall be allowed to carry firearms OR to molest, hunt, harm,..." Since the words after the semicolon are seperated by commas, placing a comma or an "or" between "firearm" & "to" would be grammatically incorrect.

Besides the next section pretty much spells it out:

"Fireworks, firearms, "BB" guns, slingshots, pea shooters, blow guns and paint ball guns are prohibited in all park areas unless permission has been obtained from the Department."

Not to mention the title of the section...

At least that's my interpretation.

 

[T-rav]

Conceal Deep! Ive actually been into headwaters a few times with mine and never had a issue. What they dont know wont hurt them.

 

[JoshuaW]

I interpret "permission" to mean LTCH.

That permission comes from the ISP, not from the Fort Wayne Parks Department

Your interpretation COULD be correct except for that pesky ";" after the word firearm.

Placing the semicolon there is the same as saying "No person shall be allowed to carry firearms OR to molest, hunt, harm,..." Since the words after the semicolon are seperated by commas, placing a comma or an "or" between "firearm" & "to" would be grammatically incorrect.

Besides the next section pretty much spells it out:

"Fireworks, firearms, "BB" guns, slingshots, pea shooters, blow guns and paint ball guns are prohibited in all park areas unless permission has been obtained from the Department."

Not to mention the title of the section...

At least that's my interpretation.

That makes sense. I must have mentally ignored the rest of it. I read the entire post, but somehow that didnt register.

 

[Hawkeye]

Your interpretation COULD be correct except for that pesky ";" after the word firearm.

Placing the semicolon there is the same as saying "No person shall be allowed to carry firearms OR to molest, hunt, harm,..." Since the words after the semicolon are seperated by commas, placing a comma or an "or" between "firearm" & "to" would be grammatically incorrect.

Besides the next section pretty much spells it out:

"Fireworks, firearms, "BB" guns, slingshots, pea shooters, blow guns and paint ball guns are prohibited in all park areas unless permission has been obtained from the Department."

Not to mention the title of the section...

At least that's my interpretation.

I'd agree with finity. FW Parks are a criminal safety zone.

 

[XtremeVel]

"No person shall be allowed to carry firearms; to molest, hunt, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw objects at or to set snares for any wildlife, animals, birds, reptiles and fish within the limits of any park or within five hundred feet thereof except with written permission of the Department. Fireworks, firearms, "BB" guns, slingshots, pea shooters, blow guns and paint ball guns are prohibited in all park areas unless permission has been obtained from the Department. .

Maybe call and see what would it take to get permission... I would be sure to get it in writing though.

 

[Timjoebillybob]

It looks pretty clear that this prohibits firearms from Fort Wayne's parks. What is the penalty for an infraction of this ordinance? I'd like to go watch my church's softball game tonight at Kreager Park...but I'm holding fast to my boycott of places where I can get "in trouble" for exercising my inalienable rights...

Any insight would be appreciated!

PS: I tried to search via Google (fort wayne park site:ingunowners.com) & didn't find any insight.

From their website

A) Whoever violates any of the provisions of this chapter, for which no specific penalty is otherwise provided, shall, upon conviction thereof, pay a fine of not more than $2,500. Each day any violation of this code or of any ordinance shall continue shall constitute a separate offense. In all cases where the same offense may be made punishable, or may be created by different clauses or sections of the ordinances of the city, the City Attorney may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense.

​

so a fine of up to $2,500

 

[XtremeVel]

From their website



so a fine of up to $2,500

Yea... If it was only a $50.00 fine that would be one thing... But up to $2500 or possibly jeopardizing the LTCH, that's all together different...

Maybe I will look into changing my evening walks from Foster park to Fox Island... ( I don't see myself walking in and asking for permission to carry! ) I didn't know this about the city parks... Makes me wonder know about Fox island and the other county parks.

 

[sloughfoot]

I thought Indiana has firearms pre-emption law. In other words, does not State Law trump local Ordinances?

I was in law enforcement for 12 years in Ft Wayne and I never heard of this Ordinance being enforced. Anyone with a LTCH was good to go in Ft Wayne parks. I can only think of one Officer, a Sgt, that might even be aware of this Ordinance. (B shift, NW)

I would try to not call attention to yourself if you choose to carry, but unless you are arrested for something else in a park, I wouldn't worry too much about it.

 

[Timjoebillybob]

I thought Indiana has firearms pre-emption law. In other words, does not State Law trump local Ordinances?

I was in law enforcement for 12 years in Ft Wayne and I never heard of this Ordinance being enforced. Anyone with a LTCH was good to go in Ft Wayne parks. I can only think of one Officer, a Sgt, that might even be aware of this Ordinance. (B shift, NW)

I would try to not call attention to yourself if you choose to carry, but unless you are arrested for something else in a park, I wouldn't worry too much about it.

Indiana has partial preemption. Towns/cities/counties can restrict carry on property they own or manage such as parks, city/town hall, etc.

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.

 

[Paco Bedejo]

Maybe call and see what would it take to get permission... I would be sure to get it in writing though.

I called just before they closed this evening to ask for written permission from the Department. We'll see what comes of it. The woman I spoke with was quite certain I wasn't allowed to carry, but seemed wholly ignorant of the "except with written permission of the Department" portion of the ordinance. She took my name & phone number & will get back with me...so I'll call her back Friday to see if she's found anything.

I was quite certain to mention that the reason I wanted to go to the park was to watch my church's softball team. I think that plus "firearm" caused a <does not compute> error code.

 

[fwacfred]

I have never heard of that ordinance being enforced in almost twenty years of being a LEO in the area. It is not a crime just an infraction. I don't think any LEO would give you grieve over packing in the park as long as your not being a jerk about it. Just my opinion though.

Sloughfoot, I think I may know who you are taking about. JB perhaps?

 

[sloughfoot]

I have never heard of that ordinance being enforced in almost twenty years of being a LEO in the area. It is not a crime just an infraction. I don't think any LEO would give you grieve over packing in the park as long as your not being a jerk about it. Just my opinion though.

Sloughfoot, I think I may know who you are taking about. JB perhaps?

Shoot, why not blast out his name? Carl E. I think I know who the female is who he talked to also. And if anyone thinks they will get a signed permission slip to carry a firearm in a city park, well it ain't gonna happen.

Just don't be a jerk and don't even try to OC, and don't get all worked up about it.

Just be a free American citizen.

 

[JoshuaW]

I called just before they closed this evening to ask for written permission from the Department. We'll see what comes of it. The woman I spoke with was quite certain I wasn't allowed to carry, but seemed wholly ignorant of the "except with written permission of the Department" portion of the ordinance. She took my name & phone number & will get back with me...so I'll call her back Friday to see if she's found anything.

I was quite certain to mention that the reason I wanted to go to the park was to watch my church's softball team. I think that plus "firearm" caused a <does not compute> error code.

Be sure to tell us when they show up at your house tomorrow convinced you want to shoot up your church's softball team.

 

[Hawkeye]

Seems like this is one of the reasons why Open Carry may not be the best idea. If you have a LTCH and carry properly concealed, then there likely isn't going to be an issue if you were to inadvertanly stray into a park.

 

[youngda9]

^^ oh no, you better duck...they're coming for you.

 

[lawrra]

Seems like this is one of the reasons why Open Carry may not be the best idea. If you have a LTCH and carry properly concealed, then there likely isn't going to be an issue if you were to inadvertanly stray into a park.