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Friday, July 19, 2013

Ind. Decisions - Supreme Court Court lets Hammond keep voided gun limits

Updating this ILB entry from July 17th, here are some quotes from an AP story yesterday by Charles Wilson:

The mayor of a northwestern Indiana community says he's happy that the city's gun restrictions can remain on the books — even though they can't be enforced because of a 2011 state law that allows firearms on most public property.

"I just don't think it's right. Bringing a loaded gun to a park shouldn't be legal. We had an ordinance saying that, and the state law superseded it," Hammond Mayor Thomas McDermott Jr., told The Associated Press on Wednesday.

Two Hammond residents challenged the city ordinance in court in August 2011, contending that the local law barring guns from city buildings and meetings must be repealed due to the state law that largely prohibits local governments from regulating firearms except in courtrooms.

But the Indiana Court of Appeals ruled in March that state law rendered Hammond's restrictions moot, so they could remain on the books as long as officials didn't try to enforce them. The state Supreme Court refused Tuesday to take the case, leaving the appellate decision intact.

"I'm not putting my name on something that says you can take a gun in the Hammond Civic Center. That's crazy," McDermott told The Times. "Somebody's going to get killed one day with a gun in the Hammond Civic Center, and I'm going to blame all these idiots that voted for this law."

Posted by Marcia Oddi on July 19, 2013 08:24 AM
Posted to Ind. App.Ct. Decisions | Ind. Sup.Ct. Decisions | Indiana Transfer Lists