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Thread: State Gun Laws

  1. #1
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    I have been trying to find in what types of casesdoes Utah give municipalities the right to enact firearms laws. I noticed there is the provision to allow this but I was never able to find any instances where cities have the right to pass gun laws. Are there any and where are they written?

  2. #2
    Founder's Club Member - Moderator Gray Peterson's Avatar
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    daniel.call wrote:
    I have been trying to find in what types of casesdoes Utah give municipalities the right to enact firearms laws. I noticed there is the provision to allow this but I was never able to find any instances where cities have the right to pass gun laws. Are there any and where are they written?
    Simple answer is that they don't have any rights to do so.

  3. #3
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    daniel.call wrote:
    I have been trying to find in what types of casesdoes Utah give municipalities the right to enact firearms laws. I noticed there is the provision to allow this but I was never able to find any instances where cities have the right to pass gun laws. Are there any and where are they written?
    Utah is a Preemptive State and State Law over rides Local City Laws on, for example, Open Carry.

    It's called Uniform Law

    Utah Code Section 76-10-500




    76-10-500. Uniform law. (1) The individual right to keep and bear arms being a constitutionally protected right, the Legislature finds the need to provide ...
    le.utah.gov/~code/TITLE76/htm/76_0C029.htm - 3k - Cached - Similar pages


    76-10-500. Uniform law.
    (1) The individual right to keep and bear arms being a constitutionally protected right, the Legislature finds the need to provide uniform laws throughout the state. Except as specifically provided by state law, a citizen of the United States or a lawfully admitted alien shall not be:
    (a) prohibited from owning, possessing, purchasing, selling, transferring, transporting, or keeping any firearm at his place of residence, property, business, or in any vehicle lawfully in his possession or lawfully under his control; or
    (b) required to have a permit or license to purchase, own, possess, transport, or keep a firearm.
    (2) This part is uniformly applicable throughout this state and in all its political subdivisions and municipalities. 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.


    Enacted by Chapter 5, 1999 General Session
    Download Code Section Zipped WP 6/7/8 76_0C029.ZIP 2,221 Bytes





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  4. #4
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    UTOC-45-44 wrote:
    All authority to regulate firearms shall be reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities.
    So there are no instances where the Legislature has specifically delegated responsibiliy for firearms laws to a state entity or local authority?



  5. #5
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    daniel.call wrote:
    UTOC-45-44 wrote:
    All authority to regulate firearms shall be reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities.
    So there are no instances where the Legislature has specifically delegated responsibiliy for firearms laws to a state entity or local authority?

    Well as general YES.

    Now it's always suggested that you call the specific city you are living in or are giong to visit. A good suggestion to is to call Clark Aposhian, who is the chairman of the Board @ BCI. PH # 801-560-4836 if you feel that You need some further clarification. And he will help you out.

    This Gentleman is the very Person that Advises the Attorney General and the Governor on Gun Q's and issues.

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