CITY COUNTY COUNCIL PROPOSAL NO. 174, 2007
CITY OF INDIANAPOLIS-MARION COUNTY, INDIANA

INTRODUCED: 03/26/2007
REFERRED TO: Rules and Public Policy Committee
SPONSOR: Councillors Mansfield, Gray, Nytes, Pryor, Bateman, Conley and Sanders
DIGEST: amends Chapter 451, Weapons, of the Code and adds new sections restricting the use and

discharge of weapons in the Consolidated City

SOURCE:
Initiated by: Councillor Mansfield
Drafted by: Aaron E. Haith, General Counsel
LEGAL REQUIREMENTS FOR ADOPTION: PROPOSED EFFECTIVE DATE:
Subject to approval or veto by Mayor Adoption and approvals
GENERAL COUNSEL APPROVAL: Date: March 23, 2007

CITY-COUNTY GENERAL ORDINANCE NO. , 2007

A PROPOSAL FOR A GENERAL ORDINANCE amending the “Revised Code of the Consolidated City
and County,” Chapter 451, Weapons and adding new sections restricting the use and discharge of weapons in the Consolidated City.

BE IT ORDAINED BY THE CITY-COUNTY COUNCIL OF THE
CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA:


SECTION 1. Chapter 451 of the “Revised Code of the Consolidated City and County,” is hereby amended by adding the words and figures that are underlined and by striking the language that is stricken through, as follows: and by adding new sections thereto, specifically, Sec. 451-7 and Sec. 451-8, as follows:

Sec. 451-2. Firearms generally.

(a) Except as provided in this section and in Sec. 7 of this Chapter, Within the police special service district Consolidated City and County, it shall be unlawful for any person to fire off, shoot at another person or otherwise use any dangerous weapon for any purpose other than in defense of his life or the life of another person, or the protection of his property or property entrusted to him by another person, that property being lawful to possess, or for practice at a range under the supervision and operation of a governmental entity, or without the prior written approval of the department of public safety Sheriff. I was under the impression that shooting at someone was already illegal?

(b) This section shall not apply to the United States Army, Navy or other Armed Forces, the
National Guard, or to any duly constituted and authorized law enforcement and peace officer of any governmental unit, or to manufacturers and to repair facilities for testing purposes within a private firing range.
Sec. 451-3. Discharge of weapons across public ways and in public places.

(a) It shall be unlawful to shoot across or upon any public street or place, or toward a public way from any private or public premises, any bullet, pellet, missile or object impelled from any gun, pistol, rifle or weapon operated by means of any explosive charge, or by springs, air pressure or other means, or impelled from a slingshot, or any other device having force directed by the user thereof.  I was under the impression that discharging a firearm on public property was illegal already. Our concern with this section is the broad statement " or toward a public way"  This would eliminate the discharge of  a firearm outside in the entire Marion County even if you owned 100 acres, because no matter which direction you shoot their will be a public way.. Broad? yes, however still an out for Government Control.

(b) It shall be unlawful to discharge into the air from any location, except at an authorized firing range while shooting at trap or skeet and then with shot not solid projectiles, any of the weapons described in this section.  "Into the Air" again a broad statement, what angle is in the air 5 - 10 -30 degrees ? " not solid projectiles" Again what is the definition of in the air, is straight at a target in the Air?

SECTION 2. Chapter 451 of the “Revised Code of the Consolidated City and County,” is hereby amended
by adding new sections thereto, specifically, Sec. 451-7 and Sec. 451-8, as follows:


Proposal No. 174, 2007
Page 2

Sec. 451-7. Shooting ranges.

(a) Not withstanding Sec. 2 of this Chapter and IC 14-22-31.5, it shall be unlawful to shoot any bullet, pellet, missile, or object propelled by an explosive charge within the consolidated city and county except at a shooting range as defined by this Chapter.

(b) A "shooting range" for purposes of this Chapter means an area designated and operated for the purpose of the use of rifles, shotguns, pistols, muskets or similar firearms that are fired at silhouettes, skeet, trap, paper, still board, or other similar targets, which shooting range: They do not mention - steel plate - bowling pin shoots etc.

(1) does not constitute a danger to persons passing by or residing near the shooting range or to
those using the shooting range facility;
(2) is structurally sound or designed so as to prevent stray missiles, bullets, arrows or other object impelled from a gun, pistol, or any type of weapon from escaping from the boundary or walls of the shooting range; and
(3) has passed a safety inspection. ???
(c) The sheriff shall develop "safety inspection" standards for and conduct such inspections to:
(1) determine if a shooting range is structurally sound and able to withstand the impact of any type of ammunition or other impelled object and to contain the same to the premises or within the walls of the shooting range; What "standards" are they going to use - are the standards open to change at the whim of the Sheriffs department or political climate and pressure. As the section "able to withstand the impact of any ammunition" Does this mean we have to build up our backstop to allow 20 mm recoilless rounds, even though we only allow up to 44mag??

(2) determine whether the conduct of shooting range activity on the site presents a danger to any person or property outside of the perimeter walls of the facility;  "Presents a danger" What? injury from stray round - Noise ?
(3) the standards developed and enforced by the sheriff shall not be unduly rigorous and must be approved by the Public Safety and Criminal Justice Committee of the Council; and  What are these peoples qualifications to determine what is correct and what is not - again can they be changed - altered to suit the whims of the government.
(4) the sheriff or his designee shall inspect each such shooting range (a) annually and (b) before it is opened to the public, if new, newly re-modeled or expanded.
(d) Any shooting range that does not pass inspection shall be deemed an environmental public
nuisance and shall be subject to abatement pursuant to the provisions of Sec. 575 of the Revised Code of the City and County. This will leave the city- county government the ability to eliminate all private commercial competition for their commercial Range operation at Eagle Creek park which is a requirement of their federal grant to have it open to the public.

(e) Private ranges which are, restricted to the property owner’s use or his or her immediate, family
and/or friends, for indoor use of air, spring, or otherwise activated implements, except anything activated by an explosive charge, does not constitute a shooting range under this ordinance. However, the use of private property for such purpose may violate other Chapters of the Revised Code of the City and County. Ok here they say it is ok to shoot  your bb gun - pellet gun- air soft - paint ball gun and archery, however it must be indoors. What about the fireworks - this will now ban most fireworks and displays. How many people hurt from stray bullets in Marion County  vs Fireworks accidents.
Sec. 451-8. Written Approval by the Sheriff for Private Shooting Purposes.

(a) A person may apply to the sheriff for written approval to shoot firearms on his/her property if
his/her property is at least 15 acres for a limited period of time not to exceed one year. The application
must contain the following:
(1) Name of the person who owns the property;
(2) Names of any other persons that the owner is permitting to shoot on his/her property;
(3) Address including boundaries of where the person proposes to shoot;
(4) Time period requested to shoot; and
(5) Purpose of the request to shoot.

You must own 15+acres - you must give in writing who will be allowed to shoot on your property - How do you adjust your list as you gain new friends. What the devil is time period to shoot , is it dates or time of day. You pay a $100.00 annual fee - The Sheriff can deny and revoke the permit anytime he chooses based on the governments whims or political pressures.

Proposal No. 174, 2007
Page 3

(b) The Sheriff in his sole discretion shall determine if the shooting activity on the property presents a danger to any person, animal or property outside the boundaries of the property.  

This statement says it all  - plain and simple "The sheriff in his SOLE DISCRETION"

(c) The Sheriff may revoke the written approval prior to the expiration of the time permitted for
shooting if the sheriff subsequently determines that the shooting activity presents a danger to any person,
animal or property outside the boundaries of the property or is in violation of any section of this code, or of
any applicable state or federal law.
(d) The sheriff may collect a fee of $100 from the applicant.
SECTION 3. This resolution shall be in full force and effect upon adoption and compliance with I.C. 36-34-14.

The foregoing was passed by the City-County Council this _____ day of __________, 2007, at _____

p.m.
ATTEST:

_____________________________________
Monroe Gray
President, City-County Council

Jean Ann Milharcic
Clerk, City-County Council

Presented by me to the Mayor this _____ day of ____________, 2007, at 10:00 a.m.

_____________________________________
Jean Ann Milharcic
Clerk, City-County Council

Approved and signed by me this _____ day of ____________, 2007.

____________________________________
Bart Peterson, Mayor


Call your Councilman - The Mayors office - All your shooting buddies - Hunters - Shooting Clubs - Anybody else concerned with government intervention.