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

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
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.
 

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
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.
 
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hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,327
Location
Okanogan Highland
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.
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
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.
 
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