Brookville Indiana passes Gun Ban

Alright Hoosiers, if you’re one of my readers from Franklin County, and especially the Town of Brookville then pay attention.  The Town of Brookville recently passed an ordinance prohibiting ordnance (I crack myself up) on town property.  For those that don’t know, Brookville is a small community about 50 minutes west of Cincinnati, OH.  Here’s the key passage from the ordinance:

No person shall carry or otherwise possesses (sic) a deadly weapon, as defined in Indiana Code 35-41-1-18, as amended, on any public property owned or leased by the town, or at any board meeting, hearing, or executive session of the Town of Brookville, regardless of whether the person has a permit to carry a weapon (emphasis mine).  The Town Council, in its discretion, reserves the right to subject all in attendance at a meeting, hearing, and/or session in which a contention issue will be discussed, to a pat down search or a metal detector wand search to verify compliance with this resolution.  Said pat downs or metal detector wand shall be performed by a uniformed officer of the Town of Brookville Police Department or the Franklin County Sheriff’s Department.

As of right now, calls to the Brookville Town Clerk are being referred to the city attorney, Michael Wilhelm.  Mr. Wilhelm declared that the ordinance could be repealed or revoked if town residents contact the Council to request a meeting to discuss the issue.  Please contact your town council members immediately and let them know that you want a meeting to revisit and get rid of this ordinance!  Remember, this ordinance prohibits carry in any property owned or leased by the city, which means that if you want to go for a walk in the park, you have to leave your firearms at home, can’t even lock them in the car.

Here’s the contact info for the Town Council:

Town Council: 765-647-3322
Mike Biltz – President
Rene Stivers – VP
Darrel Flaspohler
Sam Schuck
Linda Dunn – Clerk/Tresurer
Town Attorney, Mike Wilhelm: 765-647-4161

If you’re a resident of Brookville, contact the Town Council ASAP to get this overturned.

I’ve also put the rest of the ordinance behind the jump so you can read the full text.

No person shall carry or otherwise possesses (sic) a deadly weapon, as defined in Indiana Code 35-41-1-18, as amended, on any public property owned or leased by the town, or at any board meeting, hearing, or executive session of the Town of Brookville, regardless of whether the person has a permit to carry a weapon (emphasis mine). The Town Council, in its discretion, reserves the right to subject all in attendance at a meeting, hearing, and/or session in which a contention issue will be discussed, to a pat down search or a metal detector wand search to verify compliance with this resolution. Said pat downs or metal detector wand shall be performed by a uniformed officer of the Town of Brookville Police Department or the Franklin County Sheriff’s Department.

All police officers, from any jurisdiction, shall be exempt from this prohibition, with the exception that this resolution shall apply to any police officer that is the subject of a meeting, executive session, or hearing.

If an individual is found carrying or otherwise in possession of a deadly weapon as defined in IC 35-41-1-1-8, as amended, on any public property owned or leased by the Town of Brookville, the Brookville Police Department is hereby authorized to confiscate the weapon and shall not return the weapon until the individual is no longer on town property.

6 Comments

  1. Does Indiana have a state level firearms preemption law?

    If not, that should be next on the agenda for the Indiana pro RKBA movement.

  2. We do, but it’s a very weak preemption law. I also have it on good authority that strengthening our preemption is a “to-do” item for some of our pro-gun legislators.

  3. “Is that legal under IN law?”

    Yes, it only applies to city property. It doesn’t apply to Pete’s Garage or Aunt Alma’s Diner & Cafe.

    “Does Indiana have a state level firearms preemption law?”

    Yes, but it was written so that the anti-gun laws in black cities such as Gary would be grandfathered in.

    “We do, but it’s a very weak preemption law. I also have it on good authority that strengthening our preemption is a “to-do” item for some of our pro-gun legislators.”

    Really? Has a bill been drafted? Who has it?

  4. All they have to do is tell the towns council that they are going to contact the towns insurance carrier, and notify them of their action, and as a result the town is responsible for anything that results from a shooting on town property. By issuing their new law, they become responsible for anything that happens on their property. The insurance company will increase their premium drastically or may even refuse to insure. This has happened to a number of store owners that chose to put a “no weapons allowed” sign in their windows. Many of these stores have removed their signs in order to maintain their insurance.

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