Commissioners tell sheriff to get bent
3 Responses to “Commissioners tell sheriff to get bent”
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February 24th, 2013 at 6:09 pm
Cuyahoga County (Cleveland, Ohio area) tried that a few years ago. Not only were they shot down in Court, they had to PAY the Show’s Promoter a nice chunk of change for Breach of Contract, Lost Revenue, etc.
February 25th, 2013 at 9:21 am
Be advised Indiana now has complete preemption effective July 1, 2011. What the Sheriff is calling for is illegal.
The Indiana Court of Appeals is expected to rule on the appeal against the City of Hammond (also in Lake County) regarding its refusal to repeal city’s ordinances on guns.
February 25th, 2013 at 12:03 pm
I found comments regarding deputies disarming show visitors curious. Indiana Code requires that officers submit an affidavit to the circuit court if they, without a warrant, disarm a citizen. I wonder where all the paperwork is for these “door-checks”.
IC 35-47-14-3
Warrantless seizure of firearm from individual believed to be dangerous
Sec. 3. (a) If a law enforcement officer seizes a firearm from an individual whom the law enforcement officer believes to be dangerous without obtaining a warrant, the law enforcement officer shall submit to the circuit or superior court having jurisdiction over the individual believed to be dangerous a written statement under oath or affirmation describing the basis for the law enforcement officer’s belief that the individual is dangerous.
(b) The court shall review the written statement submitted under subsection (a). If the court finds that probable cause exists to believe that the individual is dangerous, the court shall order the law enforcement agency having custody of the firearm to retain the firearm. If the court finds that there is no probable cause to believe that the individual is dangerous, the court shall order the law enforcement agency having custody of the firearm to return the firearm to the individual.
(c) This section does not authorize a law enforcement officer to perform a warrantless search or seizure if a warrant would otherwise be required.