Council seeks clarity on guns and streets(WY)

casperjournal.com ^ | 14 November, 2011 | Greg Fladager

[marktwain]

The Casper City Council agreed to postpone until its Dec. 6 meeting any further action on a proposed gun ban at local government meetings.

The controversial Second Amendment right issue continued to occupy the council’s agenda, however, as they attempted to deal with what they perceived as misinformation about the proposal.

“There’s obviously a great deal of misinformation being promoted and repeated and exaggerated,” said council member Charlie Powell. “Are there any steps we can take to try to correct some of this misinformation so people know in fact what we’re really voting on?”

“I agree with Charlie, there’s to me the meat of the problem, here’s the misinformation that’s out there,” said council member Paul Meyer. “You know this gun ban headlines, and that gets my dander, my blood pressure, up, so I’m sure it does the gun lobby element in the state. What I’m reading is all misinformation, there’s not one single fact almost ...”

“I’m still getting them [e-mails] and they’re still hostile towards me, and I voted no, so I don’t know to what degree they’re not reading the newspaper, the Casper Star-Tribune or the Journal,” said Mayor Paul Bertoglio, adding later, “I’ve responded back and simply said, ‘We’re simply saying we would like to see the concealed weapons restrictions narrowly applied to open carry for public meetings.’ And most of them have said, ‘Oh, well that makes sense.’”

The council agreed to post a statement on the city’s website, and sent that statement to local media. (see statement above).

[marktwain]

The places that ban the carrying of weapons should be limited, defined, and rare.

[MrEdd]

And liable for all violent injury to someone not able to defend themself.

[DJ MacWoW]

Click The Pic

Laws that forbid the carrying of arms... disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man. Thomas Jefferson

[backwoods-engineer]

Did Casper City get taken over by commie libs from CA and OR?

[marktwain]

Local political office tends to involve a lot of work, little reward, and lots of criticism no matter what you do. I find that nanny-state types are disproportionately attracted to these offices, because the “want to make a difference” using government power to do so.

[marktwain]

“because the” should be “because they”

[archy]

Wyoming may have to take a page out of the Indiana lefgal code:

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.

***********

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 35-47-11.1-6

Civil actions; adversely affected persons

Sec. 6. A person is "adversely affected" for purposes of section 5 of this chapter if either of the following applies:

(1) The person is an individual who meets all of the following requirements:

(A) The individual lawfully resides within the United States.
(B) The individual may legally possess a firearm under the laws of Indiana.
(C) The individual is or was subject to the ordinance, measure, enactment, rule, or policy of the political subdivision that is the subject of an action filed under section 5 of this chapter. An individual is or was subject to the ordinance, measure, enactment, rule, or policy of the political subdivision if the individual is or was physically present within the boundaries of the political subdivision for any reason.

(2) The person is a membership organization that:
(A) includes two (2) or more individuals described in subdivision (1); and
(B) is dedicated in whole or in part to protecting the rights of persons who possess, own, or use firearms for competitive, sporting, defensive, or other lawful purposes.
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.