8468-94 Amending Chapter 13 of the South Bend Municipal Code Selected Weapons & Instruments of Violence Prohibited

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• . • � - • Amended Substitute Bill No. 11-94 Ordinance No. 4 (o g-,(1 4 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 9 ENTITLED "SELECTED WEAPONS AND INSTRUMENTS OF VIOLENCE PROHIBITED" STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend acknowledges that Amendment II of the Amendments to the Constitution of the United States,provides that: "A well regulated Militia,being necessary to the security of a free State,the right of the people to keep and bear Arms,shall not be infringed." and that the Constitution of Indiana in Article I, § 32 of the Bill of Rights, provides that: "The people shall have a right to bear arms,for the defense of themselves and the State." The Common Council of the City of South Bend further acknowledges that the State of Indiana regulates "Handguns"with this law being set forth in Indiana Code § 35- 47-2-1 through Indiana Code § 35-47-2-24. It also notes that Indiana Code § 35-47-2-1, currently provides in part that: "...a person shall not carry a handgun in any vehicle or on or about his person,except in his dwelling,on his property or fixed place of business, without a license issued under this chapter being in his possession..." The Common Council further notes that Indiana Code § 35-47-1-6, currently defines a handgun as any firearm which: " (1)[is]designed or adapted so as to be aimed and fired from one(1) hand,regardless of barrel length;or (2) [is] any firearm with: (A)a barrel less than sixteen(16)inches in length;or (B)an overall length of less than twenty-six(26)inches." The Common Council believes that local anti-crime legislation can and should be passed, so long as such legislation is fully cognizant of the above-described laws and other laws such as the newly enacted Brady Handgun Violence Prevention Act set forth in Public Law 103-159,which President Clinton signed on November 30, 1993. Such local legislation would assist our local police department by providing additional mechanisms to help reduce violence which would enable our City to become a safer and better place to live and work. By properly balancing the guaranteed rights of the Federal and State Constitutions with the rights to live and work in a safe environment, the