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Thread: Salt Lake County Ordinances

  1. #1
    State Researcher Kevin Jensen's Avatar
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    OK, I know I am wrong for this, but I was bored and found myself surfing ar15.com :shock:

    They were having a discussion about The Lee Kay Center, and how they have a bunch of (unenforceable) stupid ass rules, in particular, a ban on supressors. Somebody else mentioned that Salt Lake County also has a (unenforceable) ban on silencers.

    10.64.030 Acts constituting unlawful use of weapons––Penalty.

    A.A person commits the offense of unlawful use of weapons when he knowingly:

    1.Sells, manufactures, purchases, possesses or carries any bludgeon, blackjack, slingshot, sand-club, shotgun with a barrel less than eighteen inches in length, metal knuckles, or any knife that has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife; or

    2.Draws or exhibits in a rude, angry or threatening manner, or uses in a fight or quarrel, a dagger, dirk, bill, knife, razor, stiletto, or any dangerous or deadly weapon or instrument of like character; or

    3.Carries on or about his person or in any vehicle a tear-gas gun, projector or bomb or any object containing noxious liquid gas or substance; or

    4.Carries concealed in any vehicle or concealed on or about his person, except when on his land or in his own abode or fixed place of business, any pistol, revolver or other firearm; or

    5.Sets a spring gun; or

    6.Possesses any device or attachment of a kind designed, used or intended for use in silencing the report of any firearm.

    B.A person convicted of a violation of subsection A of this section shall be punished as a Class B misdemeanor. (Ord. 1473 (part), 2001: Prior code § 16-4-1)


    Somebody from ar15.com sent letters out to Salt LakeCounty, and recieved this response...

    I have been asked to respond to your question about a Salt Lake County Ordinance that governs the possession of certain weapons. While I cannot provide you with legal advice, I am happy to provide you with information. Specifically, there are some ordinances and statutes that you should be aware of.

    As to your question about SLCO 10.64.030 A4 prohibiting the carrying of concealed firearms in a vehicle, please refer to 10.64.040 A2, which states that the prohibition does not apply to “[p]ersons authorized under state law to carry a concealed weapon.”

    You have also asked about ownership of short-barreled shotguns and silencers under the National Firearms Act of 1934. Please refer to 27CFR479.52, which states that “[p]ayment of tax under federal law confers no privilege to act contrary to State law. One to whom a special tax stamp has been issued may still be punishable under State law prohibiting or controlling the manufacture, possession or transfer of firearms.”

    In addition, please refer to 27CFR479.63, which states that an application to make a firearm must include a certificate stating “that the certifying official has no information indicating that possession of the firearm by the maker would be in violation of State or local law . . . .”

    Finally, please refer to 27CFR 479.85, which states that an application to transfer a firearm must include a certificate “that the certifying official has no information indicating that the receipt or possession of the firearm would place the transferee in violation of State or local law . . . .”

    Blake R. Hills

    Deputy District Attorney
    111 East 300 South #400
    Salt Lake City, UT 84111
    (801) 366-7849


    Now, if I have read this correctly, then Blake Hills is telling people that their BATFE tax stamp is no good in Salt Lake County, and their sill ordinance is still applicable! This was dated 01/28/2009.




    "An armed society is a polite society. Manners are good when one may have to back up his acts with his life." Robert A. Heinlein

  2. #2
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    So nobody can own or use a silencer ANYWHERE in Salt Lake County?? Am I reading this correctly?

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    BATFE stamps would not authorize a suppressor if it were illegal by ordinance or state law.

    In VA, there are a couple shotguns that are VA-illegal, but legal federally.

    I would look more towards whether state pre-emption undermines the ordinance, if you have state pre-emption in Utah.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

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    There is no doubt that State preemption covers Class III firearms.

    There is some doubt as to whether State preemption includes silencers. I'd sure like it to. But I'm not sure the current definition

    Note that State preemption in 76-10-500, http://le.utah.gov/~code/TITLE76/htm/76_10_050000.htm, applies to "firearms".

    However, the definition of "firearm" given in 76-10-501, http://le.utah.gov/~code/TITLE76/htm/76_10_050100.htm, is:

    (9) (a) "Firearm" means a pistol, revolver, shotgun, sawed-off shotgun, rifle or sawed-off rifle, or any device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive.

    I do not see where silencers are considered "firearms" for purposes of State preemption. Though we ought to fix that. Got a friendly legislator willing to run a simple bill?

    Charles
    All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thank heaven we do not permit a few to impose anarchy.

    "With Anarchy as an aim and as a means, Communism becomes possible."
    --Marxist.org

    "Communism and Anarchy [are], a necessary complement to one another. "
    --PETER KROPOTKIN, "Anarchism: its philosophy and ideal." 1898.

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    27CFR479.52, which states that “[p]ayment of tax under federal law confers no privilege to act contrary to State law. One to whom a special tax stamp has been issued may still be punishable under State law prohibiting or controlling the manufacture, possession or transfer of firearms.”


    He mentions "State law" but the ordinance in question isat the county level, right?Is that his way of surreptitiously conceding the point?

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    SecondAmendmentStudents wrote:
    27CFR479.52, which states that “[p]ayment of tax under federal law confers no privilege to act contrary to State law. One to whom a special tax stamp has been issued may still be punishable under State law prohibiting or controlling the manufacture, possession or transfer of firearms.”


    He mentions "State law" but the ordinance in question isat the county level, right?Is that his way of surreptitiously conceding the point?
    Localities are essentially state agencies.

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