Jeffersonville successfully bans weapons in city for 1 day.

[Djangotarantino]

City of Jeffersonville, IN

As in the past, the City of Jeffersonville prohibits certain items and activities on city property, including city streets, parking lots and the riverbank. These are regulated by City Ordinance 2009-OR-20 and 2010-OR-1, specifically relating to Thunder Over Louisville, as well as all applicable city, state and federal laws. Prohibited items include alcoholic beverages, weapons, pets, open flames, tents, portable buildings, tarps, skateboards, bicycles, motorized scooters, and golf carts, except those used by police, EMS, city officials, or Kentucky Derby Festival personnel.





Constitutional?

 

[Mr. Habib]

IANAL, but I don't see any reason why thy can't ban any of those things, except, of course, for firearms which are covered by the state preemption laws.

 

[rockhopper46038]

Only firearms have State preemption - I believe. Here's the enrolled act: http://cdpclaw.ciyoudixonpc.netdna-cdn.com/wp-content/uploads/2011/05/292.pdf

I was lazy, I grabbed it from a site other than the State IC so check it yourself, but only fiirearms are called out by statute.

 

[HoughMade]

From the city website.

"As in the past, the City of Jeffersonville prohibits certain items and activities on city property, including city streets, parking lots and the riverbank. These are regulated by City Ordinance 2009-OR-20 and 2010-OR-1, specifically relating to Thunder Over Louisville, as well as all applicable city, state and federal laws. Prohibited items include alcoholic beverages, weapons, pets, open flames, tents, portable buildings, tarps, skateboards, bicycles, motorized scooters, and golf carts, except those used by police, EMS, city officials, or Kentucky Derby Festival personnel."

City of Jeffersonville, IN

Is this ordinance constitutional?

Before you get to Constitutional, if that's what it says, it's illegal under Indiana law as regards firearms.

 

[themadmedic]

Wondering if someone copied from KY rules without doing their homework...

 

[littletommy]

Wondering if someone copied from KY rules without doing their homework...

It's Jeffersonville, they always think they are better than every other community in the state. Look at the Big 4 bridge to see just how bright the morons in control of that city are. There's a reason downtown Jeff rolls up the sidewalks at 6:00 PM (everybody goes to Clarksville for whatever it is they want)

I wish them luck, though, I hope they bust somebody for legally carrying there, that would be just what Jeff needs.

 

[Destro]

nothing in state law prohibits the enactment of local regulations, so they can do whatever they want as far as passing ordnances. They are free to post all the signs they want. Read SEA. 292

 

[Destro]

Can they legally do this? I don't think I'm going but if I do go I'm carrying. Don't want to get there and be turned away.

they can legally say weapons are prohibited.

 

[woowoo2]

I re posted this issue on a local forum that I know members of the council read, we shall see if one of them chimes in on the issue.

 

[cobber]

nothing in state law prohibits the enactment of local regulations, so they can do whatever they want as far as passing ordnances. They are free to post all the signs they want. Read SEA. 292

they can legally say weapons are prohibited.

Check IC 35-47-11.1

 

[rockhopper46038]

Pretty sure he is making the ironic point that the city is free to enact or post anything they want; and you are free to ignore them.

 

[Roadie]

nothing in state law prohibits the enactment of local regulations, so they can do whatever they want as far as passing ordnances. They are free to post all the signs they want. Read SEA. 292

they can legally say weapons are prohibited.

SEA 292 was from 2011. Pre-emption trumps that. Hence the various lawsuits against local laws..

 

[Roadie]

Check IC 35-47-11.1

Exactly..

IC 35-47-11.1-2
Political subdivision regulation of firearms, ammunition, and firearm accessories prohibited
Sec. 2. Except as provided in section 4 of this chapter, a political subdivision may not regulate:
(1) firearms, ammunition, and firearm accessories;
(2) the ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories; and
(3) commerce in and taxation of firearms, firearm ammunition, and firearm accessories.

 

[dsol]

Pretty sure he is making the ironic point that the city is free to enact or post anything they want; and you are free to ignore them.

It is called concealed carry for a reason... if the little thugs get out of control, the last thing I am going to worry about is violating some idiot's law of the day. Got a friend with a place down there on the river with a great view of everything. My wife and kids are going to be there. I will be dammed if I am going to be unable to protect them should some feral youth get out of control again.

 

[Bunnykid68]

It is called concealed carry for a reason... if the little thugs get out of control, the last thing I am going to worry about is violating some idiot's law of the day. Got a friend with a place down there on the river with a great view of everything. My wife and kids are going to be there. I will be dammed if I am going to be unable to protect them should some feral youth get out of control again.

To some people it is called Open Carry for a reason

 

[jedi]

They can't enforce it per the in law that past several years ago right

 

[Djangotarantino]

Called Jeff. Police department. I was told that the ban is pretty much all of downtown and that if caught carrying (any carry) , according to the ordinance, I could be fined up to $2,500. I asked what the event area was. They gave me the exact cross streets, and it's pretty much all of downtown j-ville. This can't be a legal ordinance.

 

[nakinate]

I bet local authorities enact these bans knowing full well they are illegal, but also knowing that a large portion of the population won't know that. They'll successfully disarm a significant amount of people who are ignorant to state law.

 

[Destro]

Pretty sure he is making the ironic point that the city is free to enact or post anything they want; and you are free to ignore them.

this....

Jeffersonville is free to pass all the ordnances they wish related to the regulation of firearms. They are simply void, NOT illegal. That is a big distinction. They can post all the "no guns on city property" signs they want. I believe the courts have already stated as such. (to that point I am willing to stand corrected).

Preemption prohibits enforcement.

 

[Destro]

I bet local authorities enact these bans knowing full well they are illegal, but also knowing that a large portion of the population won't know that. They'll successfully disarm a significant amount of people who are ignorant to state law.

not illegal, void.