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Recreational discharge ban in Utah County--Sheriff's range open to general use

utbagpiper

Banned
Joined
Jul 5, 2006
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4,061
Location
Utah
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I realize this is a bit off topic, but wanted to help spread the word lest anyone get grief for doing what is normally a perfectly legal activity.

I certainly hate to see casual plinking restricted. But it was a great idea to open the Sheriff's range to general use until the ban on shooting elsewhere can be lifted. I encourage those who are able to avail themselves of this opportunity. Ideally, having police ranges open to the general public should be the rule rather than the exception.

I have never seen a gun shot start a fire, and would not have believed it likely until several range masters related their experiences to me. So I encourage all to heed the discharge ban and make use of approved ranges until the fire danger abates.

Of course, the ban applies ONLY to the recreational discharge of a firearm. Ownership and possession, including carrying a firearm for self-defense pursuant to the concealed weapons permit are all still perfectly legal. So too would be discharge in actual self-defense in the rare event that were necessary.

Charles

http://www.ksl.com/index.php?nid=148&sid=1465658


Fire Danger Prompts Gun Restrictions in Utah County
July 11th, 2007 @ 7:23am

(KSL News) For the next month [the recreational discharges of] guns are off limits in Utah County unless they're shot in a firing range.

Utah County commissioners placed a temporary ban on [the recreational discharges of] firearms in unincorporated areas because of increased fire risks. Several recent fires, including one near Lake Mountain, were ignited by gunshots.

Those people caught violating the ... ban [on the recreational discharges of guns]will be warned, then cited.

As an alternative, the sheriff's firing range in Thistle is open to the public for free.

Sheriff's Range
Free Shooting
12814 S. Highway 89
Spanish Fork Canyon

Saturdays
9 a.m. - 5 p.m.

After July 20
Fridays
also 5 p.m. - 9 p.m.

Beginning Saturday the range will be open from 9 a.m. to 5 p.m. After July 20 it will also be open Fridays from 5 p.m. to 9 p.m.
 

gmdfunk

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May 14, 2007
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Does anyone worry about this becoming the norm, rather than the exception? While it may be wise to be careful right now with such a danger of fire. How do we keep something like this from being enforced when the danger of fire subsides? :cry: People are always trying to take away gun rights.
 

pinetree89

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Mar 30, 2007
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This is my concern too... First it's this extreme fire danger. Next thing you know it's hobo spider mating season and all shooting gets put on "temporary restriction."
 

gmdfunk

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May 14, 2007
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since utah gun laws are reserved to the state, is this county ban even legal?

see part 5 of the following excerpt taken from the utah code.


63-98-102. Uniform firearm laws.

(1) The individual right to keep and bear arms being a constitutionally protected right under Article I, Section 6 of the Utah Constitution, the Legislature finds the need to provide uniform civil and criminal firearm laws throughout the state.
(2) Except as specifically provided by state law, a local authority or state entity may not:
(a) prohibit an individual from owning, possessing, purchasing, selling, transferring, transporting, or keeping a firearm at the individual's place of residence, property, business, or in any vehicle lawfully in the individual's possession or lawfully under the individual's control; or
(b) require an individual to have a permit or license to purchase, own, possess, transport, or keep a firearm.
(3) In conjunction with Title 76, Chapter 10, Part 5, Weapons, this section is uniformly applicable throughout this state and in all its political subdivisions and municipalities.
(4) All authority to regulate firearms is reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities.
(5) Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on either public or private property.
(6) As used in this section:
(a) "firearm" has the same meaning as defined in Subsection 76-10-501(9); and
(b) "local authority or state entity" includes public school districts, public schools, and state institutions of higher education.
(7) Nothing in this section restricts or expands private property rights.

Enacted by Chapter 264, 2004 General Session
 

Kevin Jensen

State Researcher
Joined
Feb 23, 2007
Messages
2,313
Location
Santaquin, Utah, USA
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gmdfunk wrote:
since utah gun laws are reserved to the state, is this county ban even legal?

see part 5 of the following excerpt taken from the utah code.


63-98-102. Uniform firearm laws.

(1) The individual right to keep and bear arms being a constitutionally protected right under Article I, Section 6 of the Utah Constitution, the Legislature finds the need to provide uniform civil and criminal firearm laws throughout the state.
(2) Except as specifically provided by state law, a local authority or state entity may not:
(a) prohibit an individual from owning, possessing, purchasing, selling, transferring, transporting, or keeping a firearm at the individual's place of residence, property, business, or in any vehicle lawfully in the individual's possession or lawfully under the individual's control; or
(b) require an individual to have a permit or license to purchase, own, possess, transport, or keep a firearm.
(3) In conjunction with Title 76, Chapter 10, Part 5, Weapons, this section is uniformly applicable throughout this state and in all its political subdivisions and municipalities.
(4) All authority to regulate firearms is reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities.
(5) Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on either public or private property.
(6) As used in this section:
(a) "firearm" has the same meaning as defined in Subsection 76-10-501(9); and
(b) "local authority or state entity" includes public school districts, public schools, and state institutions of higher education.
(7) Nothing in this section restricts or expands private property rights.

Enacted by Chapter 264, 2004 General Session
HMMMM... Maybe? Can anyone clarify?
 

JSK333

Regular Member
Joined
May 20, 2006
Messages
190
Location
Cincinnati, Ohio, USA
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What are your State's "state of emergency" laws? It may be that the State has delegated authority to local gov't to restrict certain things in times of natural danger. Otherwise, it would appear that preemption would overrule the county ban.
 
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