Armed activist testing gun ban
WAGCEVP
May 30, 2003, 05:36 PM
http://www.indystar.com/print/articles/9/046938-2359-009.html
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J Miller
May 30, 2003, 05:47 PM
"If they can do this, what's next? Banning guns on public streets and roads? Pretty soon the only place I will be allowed to have my gun is in my home," he said.
Already done that here in Illinois. You better get to work!!!
Standing Wolf
May 30, 2003, 08:32 PM
"If they can do this, what's next? Banning guns on public streets and roads? Pretty soon the only place I will be allowed to have my gun is in my home," he said.
That's the leftist extremists' plan, to be followed by not being allowed to have firearms at all.
The National Rifle Association isn't on board with Hutchens, either.
John Crone, Indiana field representative to the NRA, said the group "supports the legal, lawful, rightful ownership of firearms.
And if there a law that says you can't take them in there, you shouldn't take them in."Someone explain to me why I pay the NRA political wing again?
:confused:
- Gabe
Drizzt
May 30, 2003, 10:47 PM
The Associated Press State & Local Wire
May 30, 2003, Friday, BC cycle
7:08 PM Eastern Time
SECTION: State and Regional
LENGTH: 467 words
HEADLINE: Judge upholds ban on guns in public buildings
DATELINE: DANVILLE, Ind.
BODY:
A man who challenged an ordinance prohibiting him from carrying weapons in publicly owned buildings was found in violation of the law Friday and ordered to pay fines and court costs.
In what was believed to be the first such challenge in Indiana, Will Hutchens, 55, contended the ordinance violated state and federal laws that guarantee his right to bear arms.
But Judge Thomas Gray, a visiting judge who heard the case in Hendricks County west of Indianapolis, found Hutchens in violation of the ordinance after a 40-minute trial. He ordered Hutchens to pay a $1 fine plus $82 in court costs.
Greg Steuerwald, the attorney who prosecuted the case, said weapons bans in public buildings "are a very, very common situation" in Indiana and most other states.
More than half of Indiana's 92 counties have a county ordinance or judicial order - or both - limiting weapons in courtrooms and courthouses, according to Robert Champion, security adviser for the Indiana Judicial Center.
Hutchens is certified as a 4-H pistol and Indiana Department of Natural Resources hunting safety instructor and is licensed to carry a concealed weapon. He says such bans are part of a trend of increasing restrictions on gun owners.
The Hendricks County ordinance was adopted in 1992, but he decided to mount his challenge - by deliberately violating the ordinance - in February after Plainfield officials banned weapons in town parks.
Getting arrested, however, proved harder than expected.
On Feb. 1, he went to a Plainfield park and called police, telling them he had a gun and requesting that they issue him a citation. The officers who responded declined, he said, saying they had not yet been trained in enforcement of the new ban.
Three days later, he decided to try the county.
"I went to the courthouse in Danville and stopped a deputy and said, 'I've got a gun and you've got an ordinance,"' he said. "Then I asked him to write me a citation so I could get my challenge into court."
Experts and gun-rights activists had not expected Hutchens' challenge to go far.
"The record on being able to ban weapons in public places is pretty well-established in Indiana," said John Krull, executive director of the Indiana Civil Liberties Union.
The National Rifle Association did not offer support, either.
John Crone, Indiana field rep representative to the NRA, said the group "supports the legal, lawful, rightful ownership of firearms. And if there is a law that says you can't take them in there, you shouldn't take them in."
Hutchens said he was willing to appeal the case to the state Supreme Court.
"If they can do this, what's next? Banning guns on public streets and roads?" he said. "Pretty soon the only place I will be allowed to have my gun is in my home."
BOBE
May 30, 2003, 10:56 PM
Where in the constitution does it rights carry restrictions. That idea negates "Shall not be infringed".
cordex
June 5, 2003, 06:43 PM
Since the original protest was against a park ordinance in my nominal city of residence, I decided to find out more. I contacted the Plainfield police department regarding this new ordinance. Chief Larry Brinker responded with this email:
Ben,
The park ordinance that was passed in November, 2002, prohibits the carrying of any firearm in the Plainfield
Town Parks or along the trailway at any time by any person except for a law enforcement officer. Any
violation of this ordinance is punishable by a fine. I have attached a copy of the ordinance for you to review. If
you have any further questions, you may contact me or the director of the Parks, Chuck Prince. Thank you
for your interest.
Chief Larry Brinker
Plainfield Police Department
1075 W. Main Street
Plainfield, IN 46168
(317) 838-3564
larry.brinker@plainfieldpd.org
I'm going to try to attach the full text of the ordinance. The parts of interest are:
Section 17. Possession or Use of Weapons Prohibited
No person shall possess or use a weapon in any park or other recreational area in the Town of Plainfield. The term “weapon” means any device, firearm, equipment, or other material that in the manner that it is used or is ordinarily used, is readily capable of causing serious bodily injury. The term “firearm” means any weapon that is capable of, designed to or that may readily be converted to expel a projectile by means of an explosion. This prohibition excludes duly sworn Plainfield Police Officers or duly sworn police officer located in the State of Indiana.
And:
B. Any person who violates Sections 16, 17 and 18 of this Ordinance shall be fined One Hundred ($100.00) Dollars for the first offense and Two Hundred Dollars ($200.00) for each offense thereafter. A separate offense shall be deemed committed for each day during which or on which a violation occurs or continues to occur.
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