Chapter 8.23
FIREARMS AND CERTAIN DANGEROUS ITEMS INSIDE PUBLIC BUILDINGS CONTAINING A COURTROOM
Sections:
8.23.040 Violations and Penalties.
Prior legislation: Ord. 11-23-013.
8.23.010 Definitions.
The following words and phrases, wherever used in this Chapter, shall be construed as defined herein:
“Building” shall have the meaning defined in Indiana Code I.C. 35-47-11.1-4 (5).
“Dangerous Item” shall mean a replica firearm, projectile weapon, air gun, knife of any length, sharp object with a cutting surface greater than four (4) inches, fist-load weapon, electronic stun device, firework, improvised explosive or incendiary device (whether functional or not), baton, club-like object, hammer, crowbar, chemical irritant spray, or a disabling or flammable chemical.
“Firearm” shall have the meaning defined in Indiana Code I.C. 35-47-1-5.
“Tenant Area” shall mean a portion of the Building occupied by a residential tenant or private business or to the common areas of the Building used by a residential tenant or private business.
(Ord. 12-23-028, added, 1/9/2024)
8.23.020 General Provisions.
1. Except as permitted within Section 4 and Section 5 below, no person may possess a Firearm as defined in Indiana Code § 35-47-1-5, or Dangerous Item, such as a replica firearm, projectile weapon, air gun, knife of any length, sharp object with a cutting surface greater than four (4) inches, fist-load weapon, electronic stun device, firework, improvised explosive or incendiary device (whether functional or inert), baton, club-like object, hammer, crowbar, chemical irritant spray, or a disabling or flammable chemical (“Dangerous Item”) within any Building that contains the courtroom of a circuit, superior, city, town, or small claims court.
a. However, if a portion of the Building is occupied by a residential tenant or private business, the prohibition does not apply to a Firearm that is possessed in the portion of the Building that is occupied by the residential tenant or private business, or to the common areas of the Building used by a residential tenant or private business (“Tenant Area”), provided the possession of weapon is disclosed to security personnel prior to the screening process.
2. Any person who is in possession of a Firearm within a Building that contains the courtroom of a circuit, superior, city, town, or small claims court shall be subject to a $500.00 fine for a first offense, $1,000.00 fine for the second offense, $2,500.00 fine for the third offense, and $7,500.00 fine for the fourth or subsequent offense.
3. Any person who is in possession of a Dangerous Item within a Building that contains the courtroom of a circuit, superior, city, town, or small claims court shall be subject to a $250.00 fine for a first offense, $500.00 fine for the second offense, and a $1,000.00 fine for the third or subsequent offense. Any person who is in possession of an improvised explosive or incendiary device within a building that contains the courtroom of a circuit, superior, city, town, or small claims court shall be subject to a $2,500.00 fine for a first offense, and a $7,500.00 fine for the second or subsequent offense.
4. This Ordinance shall not apply to a judicial officer authorized to carry a Firearm pursuant to Indiana Code § 35-47-16-1 or to a law enforcement officer engaged in the execution of the law enforcement officer’s official duties and who is authorized to carry Firearms or Dangerous Items pursuant to Indiana Code § 5-2-1.
5. This prohibition applies at the exterior doors of the Building and it is a violation to bring a prohibited item to a screening station within the Building even if the Firearm or Dangerous Item is not carried into a courtroom. A person who enters the Building with the intention to visit a Tenant Area, and being in possession of a Firearm, must immediately disclose to screening station personnel that they are in possession of a Firearm. If that person does not disclose that they are in possession of a Firearm, they shall be subject to the fines described within section 2.
(Ord. 12-23-028, added, 1/9/2024)
8.23.030 Exemptions.
A. This ordinance shall not apply to a judicial officer authorized to carry a Firearm pursuant to Indiana Code I.C. 35-47-16-1 or to a law enforcement officer engaged in the execution of the law enforcement officer’s official duties and who is authorized to carry Firearms or Dangerous Items pursuant to Indiana Code I.C. 5-2-1.
B. A person who enters the Building with the intention to visit a Tenant Area, and being in possession of a Firearm, must immediately disclose to screening station personnel that they are in possession of a Firearm. If that person does not disclose that they are in possession of a Firearm, they shall be to the fines described within 8.23.040 (A).
(Ord. 12-23-028, added, 1/9/2024)
8.23.040 Violations and Penalties.
A. Any person who is in possession of a Firearm within a Building that contains the courtroom of a circuit, superior, city, town, or small claims court shall be subject to a (1) $500.00 fine for the first offense, (2) $1,000.00 fine for the second offense, (3) $2,500.00 fine for the third offense, (4) $7,500.00 fine for the fourth or subsequent offense.
B. Any person who is in possession of a Dangerous Item within a Building that contains the courtroom of a circuit, superior, city, town, or small claims court shall be subject to a (1) $250.00 fine for the first offense, (2) $500.00 fine for the second offense, and a (3) $1,000.00 fine for the third and subsequent offense.
C. Any person who is in possession of an improvised explosive or incendiary device within a Building that contains the courtroom of a circuit, superior, city, town, or small claims court shall be subject to a (1) $2,500.00 fine for the first offense, and a (2) $7,500.00 fine for the second or subsequent offense.
(Ord. 12-23-028, added, 1/9/2024)