Porter County Fair

[cak387]

As usual, my girlfriend's family and I are heading up to Indiana Dunes State Park from July 22 to July 29. We usually go in June, however, plans have changed and we moved it back a month. We plan on going to the Porter County Fair and I was curious with the new laws in effect, does anyone know if it is legal for me to carry?

I will be carrying my XDm 40 in an OWB holster and more than likely wearing a light t-shirt so concealing it completely might be out of the question. Also, I will not be riding any rides.

Also, does anyone know about the Howard County Fair firearms policy now? They have always had signs saying it is not allowed, but not at the entrance I go in.

Thanks for the help guys!

PS: Last year, I did not have any problems carrying at the Dunes State Park, however, when we left, my girlfriend's grandfather asked a DNR Officer who was roaming the campground about carrying and he said it is not allowed. Doesn't matter to me, as their website says I can, but I thought about calling up there and just picking their brain about why he was told that when their website says otherwise. Or I could just print off the webpage and carry that with me.

 

[Scutter01]

As usual, my girlfriend's family and I are heading up to Indiana Dunes State Park from July 22 to July 29. We usually go in June, however, plans have changed and we moved it back a month. We plan on going to the Porter County Fair and I was curious with the new laws in effect, does anyone know if it is legal for me to carry?

I will be carrying my XDm 40 in an OWB holster and more than likely wearing a light t-shirt so concealing it completely might be out of the question. Also, I will not be riding any rides.

Also, does anyone know about the Howard County Fair firearms policy now? They have always had signs saying it is not allowed, but not at the entrance I go in.

Thanks for the help guys!

PS: Last year, I did not have any problems carrying at the Dunes State Park, however, when we left, my girlfriend's grandfather asked a DNR Officer who was roaming the campground about carrying and he said it is not allowed. Doesn't matter to me, as their website says I can, but I thought about calling up there and just picking their brain about why he was told that when their website says otherwise. Or I could just print off the webpage and carry that with me.

As of July 1, it's legal. However, the local authorities may still try to enforce their now-preempted local laws. And that DNR officer didn't know what he was talking about (or he lied).

 

[Scutter01]

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.
As added by P.L.152-2011, SEC.4.
IC 35-47-11.1-3
Voidance of political subdivision ordinances, measures, enactments, rules, policies, and exercises of proprietary authority
Sec. 3. Any provision of an ordinance, measure, enactment, rule, or policy or exercise of proprietary authority of a political subdivision or of an employee or agent of a political subdivision acting in an official capacity:
(1) enacted or undertaken before, on, or after June 30, 2011; and
(2) that pertains to or affects the matters listed in section 2 of this chapter;
is void.
As added by P.L.152-2011, SEC.4.


Here's the best part:

IC 35-47-11.1-5
Civil actions concerning political subdivision violations
Sec. 5. A person adversely affected by an ordinance, a measure, an enactment, a rule, or a policy adopted or enforced by a political subdivision that violates this chapter may file an action in a court with competent jurisdiction against the political subdivision for:
(1) declarative and injunctive relief; and
(2) actual and consequential damages attributable to the violation.
As added by P.L.152-2011, SEC.4.

IC 35-47-11.1-7
Civil actions; recovery of damages, costs, and fees
Sec. 7. A prevailing plaintiff in an action under section 5 of this chapter is entitled to recover from the political subdivision the following:
(1) The greater of the following:
(A) Actual damages, including consequential damages.
(B) Liquidated damages of three (3) times the plaintiff's attorney's fees.
(2) Court costs (including fees).
(3) Reasonable attorney's fees.
As added by P.L.152-2011, SEC.4.

 

[cak387]

Thanks for the help and fast reply Scutter!

 

[Hoosierdood]

You need to find out if the fair is operated by the county or if the fairgrounds are leased by another organization who runs the fair. If the property is run by the county, then you can carry any way that you like as long as you have a LTCH. If the property is leased (4H board, etc.) then it becomes private property, and they are able to apply their own rules. If it is private property and they post "No Guns", that sign will get you expelled from the fair, but you cannot be arrested unless you do not comply with their request to leave.

 

[Scutter01]

You need to find out if the fair is operated by the county or if the fairgrounds are leased by another organization who runs the fair. If the property is run by the county, then you can carry any way that you like as long as you have a LTCH. If the property is leased (4H board, etc.) then it becomes private property, and they are able to apply their own rules. If it is private property and they post "No Guns", that sign will get you expelled from the fair, but you cannot be arrested unless you do not comply with their request to leave.

The OP's question was whether it was legal, not whether it was "allowed". But you're right, as a private entity, they may have the right to expel you from the premises, but they can't do anything about you carrying.

 

[Bill B]

Indiana Dunes State Park used to have a rule against carrying firearms. It was enacted some years ago after problems with chicago gangs occured. To my knowledge it was the only state park that has this rule.
http://www.in.gov/dnr/parklake/files/dunes_trail.pdf

ETA: fixed for new rules.