Chapter 9.20
WEAPONS
Sections:
9.20.050 Applicability of chapter.
9.20.060 Interpretation of chapter.
9.20.010 Definitions.
“Deadly weapons” means the following:
1. A loaded or unloaded firearm,
2. A weapon, device, taser (as defined by IC 35-47-8-3) or electronic stun gun weapon (as defined by IC 35-47-8-1), equipment, chemical substance or other material that in the manner it is used, or could be ordinarily used, or is intended to be used, is readily capable of causing serious bodily injury.
3. An animal (as defined by IC 35-46-3-3) that is readily capable of causing serious bodily injury and is used in the commission of a crime.
“Firearm” means any weapon which is capable of, designed to or that may be readily converted to expel a projectile by means of an explosion.
“Serious bodily injury” shall have the same meaning as defined by IC 35-41-1-25. [Ord. 2004-26 § 1]
9.20.020 Prohibitions.
Except as defined by WMC 9.20.030, a person shall not possess on or about his/her person within the Whitestown Town Hall or any building owned, occupied or operated by the town of Whitestown any deadly weapon. Any person in violation of this section shall be subject to a fine of up to $1,500.00 per violation and the Whitestown prosecuting attorney is hereby authorized to enforce this chapter through the Whitestown town court. [Ord. 2004-26 § 2]
9.20.030 Exceptions.
Persons excepted from WMC 9.20.020 are as follows: Law enforcement officers while on duty and while acting in their official law enforcement capacity or while in court to testify in their official capacity or any law enforcement officer on special assignment. The foregoing persons are not exempt if they, or any member of their family, are a party to an action or proceeding before the Whitestown town court or the Whitestown town council. [Ord. 2004-26 § 3]
9.20.040 Enforcement.
Any person whom a court security officer, or law enforcement officer on duty in an official capacity, has probable cause to believe may have on or about his or her person a deadly [weapon] within the Town Hall or any building owned, occupied or operated by the town in violation of WMC 9.20.010 through 9.20.030 may be patted down for such deadly weapons and his/her possessions search for said weapons and if any such deadly weapon is located on or about said person it shall be seized and held for disposition according to law, and such person may be subject to prosecution for any offenses committed beyond the violation of WMC 9.20.010 through 9.20.030. [Ord. 2004-26 § 4]
9.20.050 Applicability of chapter.
With respect to firearms, ammunition, and firearms accessories and/or the ownership, possession, carrying, transportation, registration, transfer, and storage thereof as set forth in Senate Enrolled Act No. 292 of the 2011 Session of the 117th Indiana General Assembly (“the Act”), WMC 9.20.010 through 9.20.040 shall only apply to prohibit or restrict the possession of a firearm in any Whitestown building that contains the courtroom of a circuit, superior, city, town, or small claims court. However, if a portion of such building is occupied by a residential tenant or private business, any provision restricting or prohibiting the possession of a firearm does not apply to the portion of the building that is occupied by the residential tenant or private business, or to common areas of the building used by a residential tenant or private business. Moreover, except as set forth in WMC 9.20.030, a person may not intentionally display a firearm at any public meeting. [Ord. 2011-13 § 1]
9.20.060 Interpretation of chapter.
It is the intent of the town that this chapter shall be interpreted and enforced consistent with the Act. All terms, provisions, etc., of this chapter are separable. Any portion of this chapter that violates the Act is hereby declared to be void and deleted. Portions of this chapter that do not violate the Act or other applicable Indiana law shall remain in full force and effect. [Ord. 2011-13 § 2]