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Thread: Caldwells city code

  1. #1
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    here is what caldwells city code says.



    (3) Discharge Of Firearms Prohibited: It shall be unlawful for any person to discharge firearms of any kind or description within the limits of the municipality; provided, however, that this shall not apply to police officers in the discharge of their duties.






    5) Police To Confiscate: Concealed weapons, when
    found, or firearms unlawfully discharged within the city limits shall
    be confiscated by the police department. (1962 Code, Sections 9-5-1 -
    9-5-5)



    both these laws either go against preemption and/or the constitution

  2. #2
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    Hiredgun30 wrote:
    (3) Discharge Of Firearms Prohibited: It shall be unlawful for any person to discharge firearms of any kind or description within the limits of the municipality; provided, however, that this shall not apply to police officers in the discharge of their duties.
    This one's too broad; no exception for discharge of weapons by a civilian in self-defense. You'd have to assert a justification defense in court. However, most municipalities have firearms discharge ordinances; they just make more exceptions.

    5) Police To Confiscate: Concealed weapons, when
    found, or firearms unlawfully discharged within the city limits shall
    be confiscated by the police department. (1962 Code, Sections 9-5-1 -
    9-5-5)


    This one's just plain wrong, though if you discharge a firearm even for justifiable reasons it will generally be seized as evidence, and you get it back once the trial's over if you're still eligible to own it. However, if you are authorized to legally carry a concealed weapon and are lawfully doing so, they have no right to confiscate your handgun. THAT is illegal under the preemption statute.

  3. #3
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  4. #4
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    anybody interested in going to the next city council meeting and testifying on these codes??

    I am drafting a letter to the city attorney and city representatives.
    it will be sent "certified", because i am contacting NRA_ILA to help with
    possible litigation.

  5. #5
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    heres what the idaho constitution says about firearms confiscation..

    Code:
    SECTION 11.  RIGHT TO KEEP AND BEAR ARMS. The people have the right to
    keep and bear arms, which right shall not be abridged; but this provision
    shall not prevent the passage of laws to govern the carrying of weapons
    concealed on the person nor prevent passage of legislation providing minimum
    sentences for crimes committed while in possession of a firearm, nor prevent
    the passage of legislation providing penalties for the possession of firearms
    by a convicted felon, nor prevent the passage of any legislation punishing the
    use of a firearm. No law shall impose licensure, registration or special
    taxation on the ownership or possession of firearms or ammunition. Nor shall
    any law permit the confiscation of firearms, except those actually used in the
    commission of a felony.
    

  6. #6
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    heres what idaho preemption law says about discharging a weapon.

    18-3302J. PREEMPTION OF FIREARMS REGULATION. (1) The legislature finds
    that uniform laws regulating firearms are necessary to protect the individual
    citizen's right to bear arms guaranteed by amendment 2 of the United States
    Constitution and section 11, article I of the constitution of the state of
    Idaho. It is the legislature's intent to wholly occupy the field of firearms
    regulation within this state.
    (2) Except as expressly authorized by state statute, no county, city,
    agency, board or any other political subdivision of this state may adopt or
    enforce any law, rule, regulation, or ordinance which regulates in any manner
    the sale, acquisition, transfer, ownership, possession, transportation,
    carrying or storage of firearms or any element relating to firearms and
    components thereof, including ammunition.

    (3) A county may adopt ordinances to regulate, restrict or prohibit the
    discharge of firearms within its boundaries. Ordinances adopted under this
    subsection may not apply to or affect:

    (a) A person discharging a firearm in the lawful defense of person or
    persons or property;

    (b) A person discharging a firearm in the course of lawful hunting;
    (c) A landowner and guests of the landowner discharging a firearm, when
    the discharge will not endanger persons or property;
    (d) A person lawfully discharging a firearm on a sport shooting range as
    defined in section 55-2604, Idaho Code; or
    (e) A person discharging a firearm in the course of target shooting on
    public land if the discharge will not endanger persons or property.
    (4) A city may adopt ordinances to regulate, restrict or prohibit the
    discharge of firearms within its boundaries. Ordinances adopted under this
    subsection may not apply to or affect:

    (a) A person discharging a firearm in the lawful defense of person or
    persons or property; or

    (b) A person lawfully discharging a firearm on a sport shooting range as
    defined in section 55-2604, Idaho Code.
    (5) This section shall not be construed to affect:
    (a) The authority of the department of fish and game to make rules or
    regulations concerning the management of any wildlife of this state, as
    set forth in section 36-104, Idaho Code;
    (b) The authority of counties and cities to regulate the location and
    construction of sport shooting ranges, subject to the limitations
    contained in chapter 26, title 55, Idaho Code; and
    (c) The authority of the board of regents of the university of Idaho,
    the boards of trustees of the state colleges and universities, the board
    of professional-technical education and the boards of trustees of each of
    the community colleges established under chapter 21, title 33, Idaho Code,
    to regulate in matters relating to firearms.
    (6) The provisions of this section are hereby declared to be severable.
    And if any provision is declared invalid for any reason, such declaration
    shall not affect the validity of the remaining portions of this section.

  7. #7
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    Go for it Hired Gun.

    Let me know when the next city council meeting is over there and I can probably make it over to OC.

  8. #8
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    UPDATE :::::
    I was contacted by the caldwell city clerk. 07-03-08
    I will setting up a time to meet with her on monday.

  9. #9
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    Hiredgun30, Just my 2 cents worth. Washington state has the preemption over firearms. Spokane had a clause in their municipal code that basicly stated that they could prohibit the sale, transfer, carrying of ammo and guns. Yes, they had the confiscation of firearms clause. I brought this item to my district rep on the city council. She then informed the city attorney. Through a couple of e-mails, and bring very polite, they have since revised the codes to follow state laws. Taking out all reference to firearms. The revised codes will be read to the Spokane city council July 14th. It took about 2 months for this change.

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