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Thread: Utah Town Ordinance Calls for Guns in Every Home and Every Classroom

  1. #1
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    Utah Town Ordinance Calls for Guns in Every Home and Every Classroom


  2. #2
    Campaign Veteran MAC702's Avatar
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    DUMB.

    Also, it is a violation of UT state law.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Quote Originally Posted by MAC702 View Post
    DUMB.

    Also, it is a violation of UT state law.
    Could you cite the law that it would be violating? How is requiring teachers to carry the tool necesary to protect our children illegal? We can require them to have certain degrees, certificates and training, but we can't require that they be prepared to protect the lives of our children?

    The Federal Government is mandating that we purchase a service and it has been deemed constitutional; and it is requiring that we purchase something, not possess something. I'm sure this is a violation of Utah law, but are they going to do anything about it?

    The city is paying for the training and would probably pay for the firearm by the way they are talking. So, how is this illegal? Is it illegal to require police officers to carry a firearm? No, it is a detail and requirement of the job. This can be made into a detail and requirement to become a teacher.

    As for residents, they are just going to recommend they keep firearms. They have obviously removed any notion that it will be required.
    "I never in my life seen a Kentuckian without a gun..."-Andrew Jackson

    "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined."-Patrick Henry; speaking of protecting the rights of an armed citizenry.

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    Cant say that i agree with it but it is very interesting and BOLD to say the least.

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    Quote Originally Posted by KYGlockster View Post
    Could you cite the law that it would be violating? How is requiring teachers to carry the tool necesary to protect our children illegal? We can require them to have certain degrees, certificates and training, but we can't require that they be prepared to protect the lives of our children?

    The Federal Government is mandating that we purchase a service and it has been deemed constitutional; and it is requiring that we purchase something, not possess something. I'm sure this is a violation of Utah law, but are they going to do anything about it?

    The city is paying for the training and would probably pay for the firearm by the way they are talking. So, how is this illegal? Is it illegal to require police officers to carry a firearm? No, it is a detail and requirement of the job. This can be made into a detail and requirement to become a teacher.

    As for residents, they are just going to recommend they keep firearms. They have obviously removed any notion that it will be required.
    It's a violation of state pre-emption. Pre-emption usually works both ways. If you can't make an ordinance pertaining to firearms, you can't make one banning, and you can't make them required:

    http://le.utah.gov/~code/TITLE76/htm/76_10_050000.htm

    “All authority to regulate firearms shall be reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities. Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact or enforce any ordinance, regulation, or rule pertaining to firearms.
    Last edited by boyscout399; 01-09-2013 at 04:53 PM.

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    Regular Member hermannr's Avatar
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    Quote Originally Posted by boyscout399 View Post
    It's a violation of state pre-emption. Pre-emption usually works both ways. If you can't make an ordinance pertaining to firearms, you can't make one banning, and you can't make them required:

    http://le.utah.gov/~code/TITLE76/htm/76_10_050000.htm

    “All authority to regulate firearms shall be reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities. Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact or enforce any ordinance, regulation, or rule pertaining to firearms.
    No, state preemption states you cannot make a law that is more RESTRICTIVE than state law. It says nothing more. nothing less. Riverside WA has had a similar law for many years now, and WA has one of the tightest state preemption laws in teh US...several states have copied it.

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by hermannr View Post
    No, state preemption states you cannot make a law that is more RESTRICTIVE than state law. It says nothing more. nothing less. ...
    He just cited and quoted the UT preemption law. It does not say what you just said it does.

    Forced possession is still a regulation regarding possession, and therefore violates the state preemption.

    I cannot comment on the WA preemption law, which is irrelevant to the state of UT anyway.
    Last edited by MAC702; 01-09-2013 at 09:31 PM.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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