rich weyand
Plinker
Hi:
I searched the forums for this and didn't find anything, so please excuse me if this has been covered.
I visited the T.C. Steele Historic Site twice this week (we had a couple of sets of visitors this week), and I noticed a sign on the office wall (where you sign up for tours) saying "Absolutely No Weapons Allowed" or something like that, with the state seal and "State of Indiana" below it.
The sign by the road where you enter the property says "Department of Natural Resources", so I figured 312 IAC 8-2-3(a)(4) (carry handgun on DNR properties with LTCH or other state CCW) would apply. I asked about the sign, and the fellow said he would ask his boss about it.
When we went back a couple days later, the same fellow told me his boss said that the historic sites aren't under DNR any more, they are now under something called the "Indiana State Museum and Historic Sites Corporation", and that they could ban weapons at the historic sites.
I looked up the ISMHS, and found the enabling legislation, and found this:
IC 4-37-2-8
Transfer of rules; references
Sec. 8. (a) After June 30, 2011, rules that concern the division of
state museums and historic sites that were adopted by the natural
resources commission shall be treated as rules applying to the
corporation.
(b) After June 30, 2011, a reference to the department of natural
resources in a statute or rule concerning the division of state
museums and historic sites shall be treated as a reference to the
corporation.
I found no references to firearms in the ISMHS legislation that would provide authorization for a carry ban. So it looks to me like the DNR rules transfer to the ISMHS, and 312 IAC 8-2-3(a)(4) should still apply, and this ban is ultra vires.
I wrote an email to DNR asking abuot it. I also wrote an email to Mitch Daniels asking about it. I also asked State Rep. Matt Ubelhor to look into it. No answers yet from anybody, but all this just happened in the last couple days.
Anyone have any insight into this?
Rich
I searched the forums for this and didn't find anything, so please excuse me if this has been covered.
I visited the T.C. Steele Historic Site twice this week (we had a couple of sets of visitors this week), and I noticed a sign on the office wall (where you sign up for tours) saying "Absolutely No Weapons Allowed" or something like that, with the state seal and "State of Indiana" below it.
The sign by the road where you enter the property says "Department of Natural Resources", so I figured 312 IAC 8-2-3(a)(4) (carry handgun on DNR properties with LTCH or other state CCW) would apply. I asked about the sign, and the fellow said he would ask his boss about it.
When we went back a couple days later, the same fellow told me his boss said that the historic sites aren't under DNR any more, they are now under something called the "Indiana State Museum and Historic Sites Corporation", and that they could ban weapons at the historic sites.
I looked up the ISMHS, and found the enabling legislation, and found this:
IC 4-37-2-8
Transfer of rules; references
Sec. 8. (a) After June 30, 2011, rules that concern the division of
state museums and historic sites that were adopted by the natural
resources commission shall be treated as rules applying to the
corporation.
(b) After June 30, 2011, a reference to the department of natural
resources in a statute or rule concerning the division of state
museums and historic sites shall be treated as a reference to the
corporation.
I found no references to firearms in the ISMHS legislation that would provide authorization for a carry ban. So it looks to me like the DNR rules transfer to the ISMHS, and 312 IAC 8-2-3(a)(4) should still apply, and this ban is ultra vires.
I wrote an email to DNR asking abuot it. I also wrote an email to Mitch Daniels asking about it. I also asked State Rep. Matt Ubelhor to look into it. No answers yet from anybody, but all this just happened in the last couple days.
Anyone have any insight into this?
Rich