Proctor Park - New Whiteland, IN: no firearms sign

[hoosierdoc]

Town of New Whiteland

This is a memorial park for fallen EMS, fire, and police officers. It appears to be town property yet the sign says no firearms. Bottom of sign says will prosecute violators to fullest extent of law.

I don't want to appear insensitive to the mission of the park but it seems that the officers are sworn to uphold the laws of the state. This sign and park policy seems to be in violation of that.

What's the best way to proceed in trying to get it changed?

 

[Mr. Habib]

I would bring it to their attention either by mail or in person at a town board meeting. If it was not corrected in a reasonable time, then the next step would be to pursue litigation. I suspect that it will be resolved once they are made aware.

 

[PistolBob]

What are the IC's...I can go to the town hall on Monday and discuss it with them.

 

[cp009]

I would bring it to their attention either by mail or in person at a town board meeting. If it was not corrected in a reasonable time, then the next step would be to pursue litigation. I suspect that it will be resolved once they are made aware.

+1 the best thing to do is make them aware of their mistake.

If not corrected I don't see how you could pursue litigation though. Unless they remove you from the park which then would be violation of your rights, but just posting a sign is not necessarily a violation of your right.

 

[hoosierdoc]

 

[Mr Evilwrench]

Probably just an old sign that nobody has gotten them to correct. They used to be able to do that, and there are still some around. If they try, they'll find out the law doesn't have any extent to prosecute you anymore. I haven't been to New Whiteland for some time. My uncle used to be the Sheriff down there

 

[PistolBob]

Probably just an old sign that nobody has gotten them to correct. They used to be able to do that, and there are still some around. If they try, they'll find out the law doesn't have any extent to prosecute you anymore. I haven't been to New Whiteland for some time. My uncle used to be the Sheriff down there

New Whiteland has never had a sheriff. Was your uncle the Sheriff of Johnson County?

That sign is less than a year old.

 

[wolfman]

Paging Guy Relford at TFT:

https://www.indianagunowners.com/fo...170902-indy_star_article_on_city_gun_law.html

 

[rockhopper46038]

I suppose you could just go ahead and let them prosecute violators to the full extent of the law...since that would be, in fact, no extent.

 

[KG1]

If you are sure it's municipal property then go ahead and carry there. If they arrest you then give Guy a holler.

 

[hoosierdoc]

If you are sure it's municipal property then go ahead and carry there. If they arrest you then give Guy a holler.

Thay's just it, I'm not. I'll call Monday to inquire. I was CCing anyway just in case the bluegill were hesitant...

Btw, my son caught his first fish today there. 21 months old. First cast and only bite of the day. Heh

 

[Deadly Z Driver]

We go there ofter I always carry. I heard there are some big catfish in there.

 

[KG1]

Thay's just it, I'm not. I'll call Monday to inquire. I was CCing anyway just in case the bluegill were hesitant...

Btw, my son caught his first fish today there. 21 months old. First cast and only bite of the day. Heh

It looks like it might be municipal but I think it's a good idea to make sure and congrats on your sons first catch.

If that was the only bite of the day then I say it was still a good day fishing.

 

[Bondhead88]

Well if it private property then the sign carries no weight of law so there is no prosecutable crime. Just if they told you to leave from private property and you didn't then ypou would be in trouble.

Either way your initial visit should not cause any issues.

 

[Timjoebillybob]

According to their website, all New Whiteland parks are no carry.
Town of New Whiteland

And Proctor park is listed as a city park.

 

[mrortega]

Then I guess they are wrong since the rules are posted on an official website. The parks must be public. I wonder how old the listings are.

 

[Timjoebillybob]

Then I guess they are wrong since the rules are posted on an official website. The parks must be public. I wonder how old the listings are.

And according to the link from the police website, the ordinance is still in effect.

§ 94.11 FIREARMS.

It shall be unlawful for any person, unless so authorized by the Town Council, to discharge or have possession of any firearms or other explosive device within the limits of any park or on any other property owned, operated or controlled by the town.
(Ord. 88-11, passed 10-10-88) Penalty, see § 94.99
http://www.amlegal.com/nxt/gateway.dll/Indiana/whiteland/townofwhitelandindianacodeofordinances?f=templates$fn=default.htm$3.0$vid=amlegal:whiteland_in

http://townofwhiteland.com/departments/police-department

 

[Hammerhead]

I think I'm adversely affected by that ordinance.

 

[Deadly Z Driver]

It doesn't matter... The ordinance is void by IC. http://www.in.gov/apps/lsa/session/...ssion=1&request=getBill&doctype=SB&docno=0292

And according to the link from the police website, the ordinance is still in effect.

§ 94.11 FIREARMS.

It shall be unlawful for any person, unless so authorized by the Town Council, to discharge or have possession of any firearms or other explosive device within the limits of any park or on any other property owned, operated or controlled by the town.
(Ord. 88-11, passed 10-10-88) Penalty, see § 94.99
http://www.amlegal.com/nxt/gateway.dll/Indiana/whiteland/townofwhitelandindianacodeofordinances?f=templates$fn=default.htm$3.0$vid=amlegal:whiteland_in

Police Department | Town Of Whiteland

 

[Ted]

All parks are posted as no carry in New Whiteland. Proctor Park is a fairly new town park, and that is a fairly new sign.

The town attorney is Lee Robbins, and the council meets the first and third Thursdays of the month.