City-County Council approves proposals targeting gun violence

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The City-County Council passed an ordinance Monday night that is aimed at reducing gun violence in Indianapolis, but the measure will only be enforceable under changes in state law.

Proposal 156 would ban the possession and use of “semiautomatic assault weapons,” raise the minimum age to purchase guns from 18 to 21, and end permitless carry and concealed carry of handguns in Marion County.

The ordinance, proposed by the administration of Mayor Joe Hogsett, acknowledges that the gun-control regulations aren’t enforceable under state law.

A 2011 state law prohibits the city from regulating guns. The city ordinance would only take effect if the Republican supermajority at the Indiana Statehouse walks back the preemption law. The same legislative body loosened gun laws just last year by removing the requirement that individuals with handguns have a permit in order to carry them in public.

The local measure passed 18-5 following an emotional discussion, with all Republicans voting “no” and Democratic councilors Crista Carlino and David Ray absent. (Carlino was present for most of the meeting, but was not in the room during the roll call.)

In October 2015, City-County Council member La Keisha Jackson was in a Target at Washington Square Mall when a man began firing and killed two people. Jackson recounted the experience at the Monday meeting, explaining her “yes” vote on a proposal to regulate firearms in Marion County. 

Republican Minority Leader Brian Mowery told the council that he sought the opinion of Indiana Attorney General Todd Rokita. Citing Rokita, he noted the ordinance would conflict with Indiana law.

“I’m voting against this because I disagree with the toothless language and the policy itself, but also because it violates state statute and the state constitution,” Mowery said.

The gun ordinance—if it was ever allowed to go into effect—would impose fines and not criminal charges. That’s because only the Indiana General Assembly can change the criminal code.

Another measure, Proposal 149, would provide funds to hire three city attorneys who will work full-time with the U.S. Attorney for the Southern District of Indiana on gun crimes. The council passed that proposal unanimously, 24-0, with Ray absent.

The attorneys will report to Indianapolis Corporation Counsel Matt Giffin and receive typical city benefits, but work with U.S. Attorney for the Southern District of Indiana Zach Myers. The proposal passed unanimously at the June 13 committee meeting.

Giffin said then that the three Marion County-focused special assistant U.S. prosecutors would be able to seek harsher sentences and provide more efficient results and more rigorous pre-trial detention. State law requires that defendants are given a right to bail, while federal law allows defendants to be denied bail based on danger and flight-risk factors.

The $225,000 allocation would pay the attorneys for the remainder of the year, Giffin said. More funding will be necessary when the 2024 city budget is drafted this fall.

Hogsett, a former federal prosecutor, told the media when two police officers were injured by gunfire in April that he had been discussing potential remedies to Indianapolis’ gun problem with Myers. His proposal was borne out of those conversations.

The mayor applauded the passage of the two proposals in a statement.

“Tonight we are sending a clear message of where we stand about the causes of gun violence and the proliferation of illegal weapons on our streets,” Hogsett said.

When the Democratic mayor presented the the gun regulations to the Public Safety and Criminal Justice Committee in June, he said he had received “personal” and “direct” threats after announcing his intention to regulate firearms.

Democratic councilors presented a special resolution earlier in the meeting honoring Moms Demand Action and Students Demand Action, groups that promote gun regulation.

Hogsett announced his intentions in May to work toward creating designated gun-free zones when requested by private event holders on public property and create a targeted strategy aimed at “problem properties” that are magnets for violent crime.

At the time, mayoral candidate Jefferson Shreve, a Republican who is running against Hogsett, a Democrat, called the mayor’s new plan “toothless.”

“Over the past eight years, Indianapolis has reached record-breaking levels of violence and homicides,” Shreve said in a May email, calling the plan “an election year stunt and a slap in the faces of veteran police officers. After nearly eight years, the results are in, and Mayor Hogsett has failed. It’s time for new leadership that will work in a bipartisan manner to solve our city’s public safety crisis.”

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18 thoughts on “City-County Council approves proposals targeting gun violence

    1. Re-read the article. It specifically says the addition of federal jurisdictional prosecutors will enable some charges to be elevated to the federal level–a much more serious level of charges. It is another tool in the toolbox for prosecutors to consider.

      In this case our federal overlay of gun regulation–weak as it is–can help provide longer sentences and better prosecution. Think about that for a moment.

      Instead of using this forum to slam the prosecutor, why not re-educate yourself on the potential of federal crimes being prosecuted (in addition to/instead of state gun crimes)?

    2. Educate yourself also.

      Mears flat out said his focus was racial equity and social justice.
      He also said he would NOT be prosecuting certain crimes anymore.
      Low level crimes are off the table.

      Weird isn’t it. A prosecutor that is more concerned about social justice
      than criminal justice.

    3. Why is it that Hamilton, Hendricks, and Johnson Counties can prosecute these
      criminals from Indianapolis, but Marion County isn’t?

      Johnson County Prosecutor- “ Don’t cross the line or you’ll do the time “.
      Hamilton County Prosecutor Greg Garrison, remember him??? Lol….
      He won’t put up with the nonsense either.

      Over 40% of all the inmates in Hamilton and Johnson Counties are from Indianapolis.
      60% of the inmates in Hendricks County are from Indianapolis.

      Right now we have more criminals on home ankle monitors than any other city
      in the country. The recidivism rate is over 70%.

      The low bail to no bail have higher rates of recidivism rates. Much higher than
      normal bail.

      One of the most frustrating things for IMPD is that as as soon as they arrest someone, they are right back out on the streets.

      How’s that social justice over criminal justice working out???

  1. The real problem is that the majority of violent crimes are committed by people who are part of key Democratic constituencies, and thus a Democratic-led city will refuse to go full bore on policing and incarceration of criminals for fear of electoral backlash. Instead we have useless ‘violence interruptors’, massive grants to make work non-profits, and soft prosecutors – all in a futile effort to avoid confronting the reality of who commits most crime and who their political sponsors are.

    1. You conveniently ignored the fact that Indiana and the US is flooded with a record number of guns and that US is the only country in the first world that has this problem with record levels of gun violence.

      Were Democrats all shopping at Greenwood Mall last year? The flood of violence caused by excessive guns doesn’t care who you vote for no matter what anybody wants you to believe.

    2. Brent, I hope you tell that to all the city folk moving out to rural America to escape the crime-ridden hellholes they currently live in. How shocked they would be, to find out that bullets are whizzing by in every which direction out there in the sticks. The rural folk would be pretty surprised by this as well, considering these stats don’t comport with reality. Does this mean country folk should be moving to the cities where things are much safer?

      Blue counties in red states have the highest per capita gun deaths. Followed by blue counties in blue states.

    3. Lauren B.
      +1

      Many Dems forget that some of the most violent blue cities are located in
      Red States.

  2. The prohibition of carrying guns into the State Capitol is a clear “infringement” on the right to bear arms. Yet the Republicans that control state government – and that building – don’t seem to have a problem infringing on 2nd Amendment rights to protect themselves from gun violence. It is not only ironic, it is also hypocritical that they do not allow a city government, duly elected by voters, to take reasonable and appropriate steps to protect its citizens.

  3. More meaningless “actions” by the do-nothing City Council and “MIA-when- it-counts” Mayor. They specialize in doing nothing substantive and merely create soundbites for the campaign trail that the low information voters slurp up.

  4. One thing is for sure, more laws and ordinances are only acknowledged by law biding citizens. Criminals don’t care or pay attention to any new laws that the state has on the subject. More laws isn’t the answer but education. why not have people to have a course on when you can and can’t use a firearm in the state of Indiana? Gun safety and how to properly use a firearm. Once you past a test on these subjects, then you’re issued a certificate stating you’re qualified to carry in the Indiana. No different than obtaining a drivers license.

  5. Permitless guns are outrgeous…next, permitless driving…no lessons, no training. Just take this thousands of pounds of steel and go for it. Shame on Eric Holcomb for promoting permitless guns…

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