State statute forces Huntingburg to examine firearms restrictions

The Huntingburg Common Council directed the city attorney to draft repeals of two ordinances regulating firearms in the city and on city property.

City Attorney Phil Schneider informed the council that the city is in violation of a state statute passed in 2011 that expressly forbid the regulation of firearms on public property. The ordinance, 93.29, forbids the possession of firearms on the Huntingburg Lake property.

Schneider explained that a recent citation issue concerning firearms brought his attention to the city ordinance regulating their possession on the lake property. So, he brought it to the council’s attention for the approval to have it removed.

“That is the only provision in our code that I can find that prohibits carrying or possessing a firearm,” Schneider said. “We are not allowed to do that, and it is my recommendation that we repeal chapter 93.29.”

A hiccup in the process was acknowledged by Schneider in that the 2011 State Statute language included regulating the use or discharge of a firearm. That language was dropped and the statute simplified to simply forbid the regulation of firearms.

That hiccup may impact a code regulating firearms in the city limits.

“We have a code, chapter 130.01, that prohibits the discharge of any firearm, airgun, toy gun or mechanical device that projects lead or other metal or metal-tipped missiles or shot in the territory municipal limits of the city,” Schneider said. “The purpose behind the ordinance was to protect citizens against reckless behavior.”

According to Schneider, there are two schools of thought on the state statute. One being that no ordinance can be passed to regulate firearms and forbidding the use and discharge of firearms is regulation. The other being that since the statute does not forbid regulating the use or discharge of firearms, then ordinances can be created to do so.

Councilman Steve McPherron stated that he didn’t want the city to become the test case for a legal challenge on whether the code regulating the use or discharge of firearms fell under the state’s prohibition statute.

“Indiana law has general statutes that prohibit disorderly conduct or criminal recklessness which would in fact be any activity that would pose a serious threat to the safety of persons or property,” Schneider said. “Discharging a firearm in a crowded area or in the city limits would more than likely be disorderly conduct or criminal recklessness.”

Schneider said he had contacted the Dubois County Prosecuting Attorney’s office and they had indicated they would prosecute anyone who discharges a firearm inside the city limits which posed a threat to personal safety or property.

“We could repeal that code that attempts to regulate the discharge of firearms or any other weapons within the city limits,” he said. “Or we could amend it to provide sufficient exceptions in the ordinance to make it not as broad as it is. Right now, there are no exceptions.”

Schneider said the current ordinance does not allow for use of a firearm outside of law enforcement to protect one’s self or property.

Our ordinance, as it is currently written, is overly broad. It is too restrictive,” Schneider said. “I even question if we need it at all because state law prohibits this type of conduct.”

Councilman Jeff Bounds said he didn’t think the removal of the ordinance would cause someone to do something stupid. “I am kinda leaning that we remove this and let the state law govern somebody recklessly discharging a firearm in a dangerous way,” he said. “I don’t really see how us having an ordinance affects that.”

Schneider acknowledged the city is duplicating the state law regarding reckless conduct.

Councilman McPherron recommended the council repeal the ordinance regulating possessing firearms on the Huntingburg Lake property and the council approved Scheider drafting that repeal.

Schneider also informed the council if they chose to regulate the discharge of firearms, he has drafted an ordinance with several exceptions that do not exist in the current ordinance. Those include the use of firearms by law enforcement or members of the military while discharging their official duties; the use of firearms to prevent a serious felony against an individual or their home; and a shooting club or business operation with a place of business in the city that is properly zoned, like a shooting range.

Scheider told the council that even with the exceptions in the draft, the city could still face a legal challenge that the ordinance regulates firearms. By state statute, if a challenge is successful, damages can be sought for at least three times the attorney’s fees for the legal challenge.

In regards to the city code regulating the discharge of firearms in the city limits, the council directed Schneider to draft an ordinance to repeal that ordinance as well.

Both repeals could be considered in the regular meeting on Tuesday, April 26 in the council chambers at 7 p.m.

Editor’s note: We have been approached by individuals in the past regarding the carrying of firearms onto public property during an event and being denied that right. If a private entity rents or leases public space from the city for an event, fair, or gathering, that private entity can regulate whether firearms are allowed on the property during that event. For example, if an entity rents Market Street Park for an event like the upcoming Garden Gate Jazz Fest, they can prohibit firearms from being brought onto the property during the event.