Now Clarksville Banning guns

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  • Mark 1911

    Grandmaster
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    Jun 6, 2012
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    Schererville, IN
    Clarksville has no authority to ban guns per Indiana firearms preemption law. They can post signs that say they ban guns, they just have no authority to enforce a gun ban.
     

    KG1

    Forgotten Man
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    Jan 20, 2009
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    Despite the law, Clarksville police officials said the town will keep its firearms ban for Thunder
    Makes alot of sense to keep a firearm ban that you cannot enforce. I would like to hear them state their specific reason for doing so. Of course i'm sure that most of us know the reason and that is to dissuade the less informed into thinking the ban has legal standing.

    "We may not have legal standing to enforce but we'll leave the ban in effect to show that we really wanna discourage anyone from carrying".
     

    nakinate

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    May 1, 2013
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    Noblesville
    Clarksville Mayor: "Oh wow! J-ville just banned guns, I didn't know we could do that. I'll be a political hero if I do it too!"
    Clarksville City Attorney: :facepalm:
     

    littletommy

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    Aug 29, 2009
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    A holler in Kentucky
    Hmmmm.....this is odd, on several different levels. I know the Chief of police, actually saw him at the NRA banquet last weekend, he's a sensible, down to earth guy. Clarksville doesn't normally follow along with other political crap in the area. There are a few bad seeds on the town council, who have been compared to a "gang" due to their actions, maybe that's where this comes from, and it wouldn't be the first completely ignorant decision the council has made (duh).

    Anyway, my brother is on the council, I'll ask him about it.
     

    cobber

    Parrot Daddy
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    Sep 14, 2011
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    Somewhere over the rainbow
    Clarksville has no authority to ban guns per Indiana firearms preemption law. They can post signs that say they ban guns, they just have no authority to enforce a gun ban.

    Semantics. If they post a sign, they are practicing prior restraint of a constitutional right. Which they are barred from doing.

    They can't pass a law, talk about an old law, post signs, or even hint that citizens cannot carry. If they do this, they are violating the Indiana Code.

    If they really want to act this way, there's a warm state way out west that would embrace them.
     

    Mark 1911

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    Jun 6, 2012
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    Schererville, IN
    Semantics. If they post a sign, they are practicing prior restraint of a constitutional right. Which they are barred from doing.

    They can't pass a law, talk about an old law, post signs, or even hint that citizens cannot carry. If they do this, they are violating the Indiana Code.

    If they really want to act this way, there's a warm state way out west that would embrace them.

    There was actually a court of appeals case on a similar matter in Hammond. If you remember, a while back Guy Relford was asking INGOers to bring to his attention any signs that prohibited firearms in conflict with state preemption laws. I took a picture of this sign, several identical to it are posted in Highland along the bike paths:



    DSC05848_zps5f819c6f.jpg

    I sent a picture of the sign to Guy Relford, also to Kirk Freeman. I don't know if the court of appeals case in Hammond was about the signs in Highland or similar signs in another locality. Guy Relford was one of the attorneys in the Court of Appeals case. What Guy told me when I asked him about the sign is that the ruling from the Court of Appeals in the Hammond case held that the signs were not illegal as long as they don't enforce it against anyone. It's crazy, but that's what the court said.

    Kirk Freeman referred to it as a "Heckler's Veto". A lot of folks, being uninformed, will read the sign and automatically obey it. I guess the localities that post this crap take advantage of people's trusting nature, and unfortunately, ignorance.
     
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    Hoosierman

    Sharpshooter
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    Jul 1, 2013
    461
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    If it wasn't a 2 1/2 hour drive, I'd absolutely be up for an OC day. Also, django, please don't OC without a permit in Indiana, especially if you intend tk make a spetacle of it. It won't end well.
     

    Djangotarantino

    Plinker
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    Apr 9, 2014
    27
    3
    Jeffersonville
    Just a clarification. I have no intention on open carrying a long gun. But I do plan to CC a handgun. However, if someone wants to open carry a long gun in support of gun rights, I say more power to them.
     

    wlr2

    Plinker
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    Jul 5, 2012
    135
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    Indianapolis
    If you don't have your ltch then I wouldn't advise you carry any hand gun, either open or concealed. You are just asking for trouble.
     
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