Posted on 09/21/2012 12:55:52 PM PDT by marktwain
INDIANAPOLIS NOTE: In an earlier version of this story, it was incorrectly reported that state Sen. Jim Tomes, the law's author, encourages gun owners to openly display their firearms in public places. While legal gun owners have the right to do so, Tomes said the intent of his law was to provide a uniform policy for legal firearms carriers statewide. Tomes said he doesnt advise licensed owners to carry openly because it sets those legitimate citizens up as targets for those who intend to commit a crime and causes unnecessary fear among other citizens who are unaware of such firearms laws. Below is a corrected version. We regret the error.
Dont be surprised if you see somebody with a handgun at your local polling place this November.
A 2011 state law that barred local governments from enforcing their own gun restrictions also covers many public buildings where people go to vote.
Indiana Secretary of State Connie Lawson says the law is clear: Unless the polling place falls under the few exemptions in the law, legal gun owners have the right to openly bear their arms while they vote. That matter has been settled, Lawson said.
But its not quite been put to rest.
Last month, a Zionsville attorney whos built a law practice as the unofficial enforcer of the 2011 law, filed a lawsuit on behalf of a northern Indiana man who was turned away from his polling place in a fire station during the May primary election after he refused to take off his holstered handgun.
Guy Relford thinks his client was a victim of ignorance of the 2011 law and predicts similar incidents may occur with the November election. I routinely get calls from people who say their local officials and local law enforcement dont know or understand the law, Relford said. But ignorance is no defense.
The law in question, known as Indianas firearms pre-emption law, prevents local political subdivisions from having their own firearms ordinances. When it went into effect in July 2011, it also did away with local laws that prevented legal gun owners from carrying their weapons into public places like libraries, parks, city halls and fire stations. The law exempts courthouses and schools, where firearms may still be banned.
State Sen. Jim Tomes, a Republican from Wadesville who authored the law in his freshman year as a legislator, said it was intended for people like Relfords client: Clay Edinger, a retired Marine and Iraq War veteran who is working on his masters degree in theology and studying to become a military chaplain. When Edinger went to vote, with his holstered handgun in plain view, he had a copy of the law with him, but was still turned away.
(The law) was directed at people who have a license to carry a firearm, whove qualified for one, whove gone through the proper background checks with police, Tomes said. Some people imagined that we were going to have people shooting up libraries and parks and that just hasnt happened.
Tomes said Relfords lawsuit has prompted questions about whether he thinks the pre-emption law should be amended to include polling places. His answer: Absolutely not.
While some gun rights advocates may encourage legal gun owners to test the law this fall, Tomes is not doing so and he cautions gun owners to be aware of the public perception of guns. The media reports so many negative stories about guns and gun owners that people are living in fear, Tomes said. People are conditioned to react badly to the sight of guns.
Tomes said the preemption law protects the rights of legal gun owners, but he doesnt encourage licensed gun owners to openly show or display their legal firearms in public places. The intent of the 2011 firearm preemption law was to provide a uniform policy for legal firearms carriers statewide, allowing them to legally carry their firearms in places they couldnt before, he said.
Tomes said his reasoning for not advising open displays is two-fold. First, he said, is that Indianas concealed carry law already allows legally licensed owners to have their firearms on hand in public places in case of an emergency. Openly carrying a firearm in public venues works against the idea of having protection in the case of an emergency by most likely making any legal carrier a target of those who are illegally carrying firearms, Tomes said.
The second reason echoes his concern about how the public perceives the guns. (B)ecause people are not accustomed to seeing an openly carried firearm in public places, its common courtesy to keep them concealed as to not excite unnecessary fear, Tomes said. Most legal firearms carriers are responsible enough to extend this courtesy to fellow Hoosiers, carrying their firearms concealed as a demonstration of respect.
Matt Groeller, president of the Indiana Association of Cities and Towns, said while his organization opposed the firearms pre-emption law when it was debated in the Statehouse, he thinks most communities complying.
Relford is working to make sure they do. Hes filed three lawsuits targeting local governments that he says have violated the law. One involves the City of Hammond, whose officials have told law enforcement not to enforce their local gun bans but have refused to take the local bans off their books. That lawsuit is in the state Court of Appeals. Hes also sued the city-owned zoo in Evansville, after police ordered a gun-carrying zoo visitor to leave the premises after fellow zoo visitors said they were frightened. That suit is pending.
Maureen Hayden covers the Statehouse for the CNHI newspapers in Indiana. She can be reached at maureen.hayden@indianamediagroup.com
In order to make a comment like #16 comprehensible, you really should learn how to use HTML Tables...
Lots of good info there, but the lack of formatted organization made your effort a waste...
Yes, need to learn more html.
OPEN CARRY | CONCEALED CARRY | |||
ADVANTAGES | ||||
TACTICAL | Faster Draw, tactical deterrence | Greater surprise | ||
STRATEGIC | Armed Citizens a visible presence | Uncertainty about who might be carrying | ||
SOCIAL | Normalize Rights and Defense | Does not draw attention to yourself | ||
DIS- ADVANTAGES |
||||
TACTICAL | Less surprise | Slower Draw | ||
STRATEGIC | Carriers are identifiable | Armed citizens not identified | ||
SOCIAL | Can draw unwanted attention | Does less to normalize rights and defense |
I'll "pretty up" the HTML code and FReepmail it to you so you can see what it looks like in HTML.
Having so many categories and sub-categories ("Tactical", etc.) made it a bit of a challenge...
Hopefully some of them will go nuts, in liberlal voting precints.
OPEN CARRY | CONCEALED CARRY | |||
ADVANTAGES | ||||
TACTICAL | Faster Draw, tactical deterrence | Greater surprise | ||
STRATEGIC | Armed Citizens a visible presence | Uncertainty about who might be carrying | ||
SOCIAL | Normalize Rights and Defense | Does not draw attention to yourself | ||
DIS- ADVANTAGES |
||||
TACTICAL | Less surprise | Slower Draw | ||
STRATEGIC | Carriers are identifiable | Armed citizens not identified | ||
SOCIAL | Can draw unwanted attention | Does less to normalize rights and defense |
LOL! Got crossed up between FReepMailing and posting. :-( The code is on its way via FReepMail...
Thanks, I appreciate the work that you put in ;-)
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.