7/19/2016 11:28:28 Closed by Anonymous
Response sent.
closed: Resolved #153993
Other: Question
Mayor Email: Dear Mayor's office, I have two issues I would like to bring to your attention and ask about: First, are you aware of BPD's decision to fly black flags from police patrol cars, and did you approve this? I join members of BPD and the wider community in mourning the loss of life in Dallas this past week, but I also believe that allowing the BPD to choose this type of public display on vehicles that are tax-payer funded, is improper. Can I request that these publicly owned vehicles fly black flags when coal miners are killed on the job, or when police take the life of unarmed citizens? Second, my partner and I were enjoying a swim at Bryan Park pool on Sunday, when we noticed an individual openly carrying a hand gun poolside, and standing very prominently while pacing the area. We immediately left the pool and did not directly confront the individual because of uncertainty over the law. Why is this allowed? My reading of Indiana open carry law is that municipalities are allowed to ban open carry on property they control or administer. Is this not the case? I wish to make clear that we enjoy the pool system and are grateful to the city for providing, and appreciate the work of our police force, as well. We look forward to hearing from you. Keep up the great work. Thanks, Joseph Varga 817 S High St Bloomington 347-415-1574
History
7/19/2016 11:28:18 Anonymous contacted Anonymous
Mr. Varga, Thank you for your message. The decision to fly flags on police patrol cars was made by Chief Diekhoff in solidarity with the Dallas Police Department. I would like to thank you for your perspective and I will pass this concern along to the Chief. Regarding open carry on public property, it’s important to note that the State Legislature enacted a 2011 state law regarding the public carry of firearms. Prior to 2011, the City of Bloomington restricted the public display of weapons in our parks and public spaces. The 2011 state law (IC-35-47-11.1) change eliminated those provisions. Listed below is a summary of the impacts of the 2011 state law as compiled by the City’s Legal Department. With limited exceptions, Indiana state law prohibits municipalities from regulating firearms, ammunition, or firearm accessories. It would be illegal for the City of Bloomington to prohibit a person from carrying firearms in public areas or at public events. State law does not make any distinction between open-carry and concealed-carry of firearms. The City cannot regulate individuals who are openly carrying nor can it regulate individuals who are carrying concealed firearms. Cities that impermissibly regulate firearms and are successfully sued are subject to an unusually expensive penalty provision. State law allows a citizen found to have been adversely affected by an improper local firearm regulation to collect three times his/her attorney’s fees and damages. There are very limited exceptions to the state law. For example, a city may prohibit or restrict firearms in buildings with courtrooms. Additionally, private property owners may regulate the possession of firearms on their private property, and entities leasing public property may, at their own discretion, impose restrictions on carrying firearms. That having been said, any person who observes an unsecured weapon in any location should immediately contact law enforcement. I’m sure this does not completely address your concerns. As a local municipality, our options are, in this instance, severely limited by state law. However, I hope this message provides some useful information. Sincerely, John Hamilton