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Thread: Seeking Advice with Midvale Police

  1. #1
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    All information related to this issue is being removed on advice of a 3rd party helping with the matter


    if you would like me to keep you up to date on everything that is taking place or will be taking place you are welcome to send me a privet message and i will give you a number i can be reached at but untill then it has been advised that all matters for this issue is to be keep word of mouth and not be released on the forums further

    i do thank everyone for there reply and the support that has been given and i do hope you continue to support my self and James in this matter





    if you have quoted anything i have said i would like to ask that the post be edited and that item be removed from it

    i am sorry for the hassle but i do thank you

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    Most people would suggest that you remove details and the scanned images from the web until you seek the advice of a lawyer.

    I am really surprised by this incident, as it is a much more blatant disrespect for the law than most encounters. The fact that they gave you (the CFP holder) a ticket is completely ridiculous, there is no way that your misdemeanor charge will stand.

    Was your friend's firearm loaded as well? Does he have a permit?

    I would definitely lawyer up on this one! I would be surprised if you couldn't find a lawyer to take this case on a contingency basis, as it seems open and shut with the details you have provided. Be sure to always carry a voice recorder!!!

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    Wow, that sucks. i WAS gong to post the statute that they ticketed you for showing that persons with valid CFPs were exempt, but it seems as though it has been removed. Did anyone else know about this?


    76-10-505. Carrying loaded firearm in vehicle or on street.
    (1) Unless otherwise authorized by law, a person may not carry a loaded firearm:
    (a) in or on a vehicle, unless:
    (i) the vehicle is in the person's lawful possession; or
    (ii) the person is carrying the loaded firearm in a vehicle with the consent of the person lawfully in possession of the vehicle;
    (b) on a public street; or
    (c) in a posted prohibited area.
    (2) Subsection (1)(a) does not apply to a minor under 18 years of age, since a minor under 18 years of age may not carry a loaded firearm in or on a vehicle.
    (3) Notwithstanding Subsection (1)(a)(i) and (ii), a person may not possess a loaded rifle, shotgun, or muzzle-loading rifle in a vehicle.
    (4) A violation of this section is a class B misdemeanor.

    76-10-523. Persons exempt from weapons laws.
    (1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to any of the following:
    (a) a United States marshal;
    (b) a federal official required to carry a firearm;
    (c) a peace officer of this or any other jurisdiction;
    (d) a law enforcement official as defined and qualified under Section 53-5-711;
    (e) a judge as defined and qualified under Section 53-5-711;
    (f) a common carrier while engaged in the regular and ordinary transport of firearms as merchandise; or
    (g) a nonresident traveling in or through the state, provided that any firearm is:
    (i) unloaded; and
    (ii) securely encased as defined in Section 76-10-501.
    (2) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not apply to any person to whom a permit to carry a concealed firearm has been issued:
    (a) pursuant to Section 53-5-704; or
    (b) by another state or county.


    I KNEW we were legal to OC with a CFP.....
    ya, fight this one bro. I mean, do you even NEED a lawyer? Cite that law to the prosecutor and what do they have on you? Ummm, nothing IMO.

    Edit: Found the 76-10-523 exemptionl ist.


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    Here is the law regarding loaded firearms:
    76-10-502. When weapon deemed loaded.
    (1) For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position.
    (2) Pistols and revolvers shall also be deemed to be loaded when an unexpended cartridge, shell, or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired.
    (3) A muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.



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    Protectedby9mm, you are just looking in the wrong place. Look under persons exempt from weapons laws. CCW holders are exempt from 76-10-505, that you posted, highlighted in red below.
    76-10-523. Persons exempt from weapons laws.
    (1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to any of the following:
    (a) a United States marshal;
    (b) a federal official required to carry a firearm;
    (c) a peace officer of this or any other jurisdiction;
    (d) a law enforcement official as defined and qualified under Section 53-5-711;
    (e) a judge as defined and qualified under Section 53-5-711;
    (f) a common carrier while engaged in the regular and ordinary transport of firearms as merchandise; or
    (g) a nonresident traveling in or through the state, provided that any firearm is:
    (i) unloaded; and
    (ii) securely encased as defined in Section 76-10-501.
    (2) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not apply to any person to whom a permit to carry a concealed firearm has been issued:
    (a) pursuant to Section 53-5-704; or
    (b) by another state or county.



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    mqondo wrote:
    Protectedby9mm, you are just looking in the wrong place....
    Whats new... lol: Thanks for the info, i edited my post. :celebrate
    I guess we all need to memorize, yet another, new statute. lets see, 76-10-500, 505, 502, 504 and NOW 523.
    yay...

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    ProtectedBy9mm wrote:
    mqondo wrote:
    Protectedby9mm, you are just looking in the wrong place....
    Whats new... lol: Thanks for the info, i edited my post. :celebrate
    I guess we all need to memorize, yet another, new statute. lets see, 76-10-500, 505, 502, 504 and NOW 523.
    yay...
    Here is a link to pamphlets that I made, and one from ScottyT that I made easier to carry around. The one called "Gun laws" has a lot of the necessary laws. I carry one in my wallet, and have a bunch in the car. I made them to be printed 4 pages on 1 piece of paper. Hopefully these will help.
    http://www.utahconcealedcarry.com/vi...f=4&t=6491

  10. #10
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    mqondo wrote:
    Since your friend does not have a CCW, he CANNOT carry a revolver with a round under the hammer.
    Not so fast... The OP stated the following...

    at i would say 2300 we were walking from out the midvale recreation center were we had taken the shepherd into the field to run free the night before
    Now, 76-10-505 criminalizes loaded carry in vehicles, on public streets, and in posted prohibited areas.

    I hope that Stuart can clarify this, but it sounds like they were in a field during this incident.

    Stuart, you and your friend need to do a Freedom of Information Act request and gather all communications and police reports pertinent to this detainment.

    Your charge is going to be simple to fight, but you need to show that your friend was not on a public street.

    What really pisses me off is that the officer ticketed you for "Loaded firearm in Public", something that is not a crime!

    Carrying a loaded firearm in public is not a crime!!!
    "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

  11. #11
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    I would definitely consider getting some local media in on this as well, Fox 13 is probably your best bet.

    Being ticketed for an imaginary crime is definitely newsworthy, IMO.

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  13. #13
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    Get a lawyer! Call Mitch Vilos, (don't email he doesn't respond) and have him represent you both. You need to fight not only the citations, but also the reason for the stop. Your buddy might need the lawyer more than you since you have a permit.

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    The Sgt you spoke with I know who he is personally he has a distaste for openly carried firearms.

    I would recommend calling his command and speaking to his captain. I had a run in with the same Sgt and was resolved very quickly.

    Thanks
    Zachary
    Zach
    8014487574
    "A fear of weapons is a sign of retarded sexual and emotional maturity"

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    Sorry double post

    If you need further Info
    801-448-7574 this is my number
    Zach
    8014487574
    "A fear of weapons is a sign of retarded sexual and emotional maturity"

  18. #18
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    wow that sucks bad. I would fight it! (But what if you can't afford a lawyer... what would one do at that point)?

    So now I'm nervous about carrying... anyone else feel the same? (i'll still carry but maybe just concealed from this point on) I mean whats to say this won't happen to me or anyone else, getting detained, cuffed, ticketed for having valid permit (carrying the proper way) having firearm confiscated... is there no protection from this type of harassment... having a class B misdemeanor slapped on your record...

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    Make sure you take the laws with you when you go talk to them. The pamphlet I made a little while ago has parts in bold so that they are easier to find. Look at page 3, either under the PDF or the Word document. This is the key to most of the pamphlet. The other pages talk about loaded firearms, and the penalties for carrying them, and also carrying on school property. However, page 3 has code 76-10-523, which gives those exempt from weapons laws. CFP holders are one of them, and clearly states that CFP holders are exempt from penalties from carrying loaded (code 76-10-505) and carrying a concealed weapon (code 76-10-504) and carrying on school property (code 76-10-505.5, under page 4, it has the exemption on that page). Please read it carefully and make sure you know the law. I will post a thread on here that has a link to these pamphlets as well, since I'm sure it would be helpful to those who don't access UCC a lot.

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    StuartG wrote:
    by NO means am i agenst the police department of any city
    Well, if you won't be then I will. Until this BS is fixed, eff Midvale PD! :P
    "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

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    StuartG wrote:
    SGT Jensen wrote:
    StuartG wrote:
    by NO means am i agenst the police department of any city
    Well, if you won't be then I will. Until this BS is fixed, eff Midvale PD! :P
    gotta love you SGT

    just a update to the days activity my self and james along with another person of whom i will not name unless given permission to do so went down to midvale PD to try and speak to the chief and the captain over the officer who issues the ticket.

    neither of witch would speak to us they informed us that it was turned over to the prosecuting attorney at this time we left the police station and the gentalman ( who is very knowledgeable of the gun laws and had the full law book with him and was advising us threw it all and has said he will continue till it is settled ) called the attorney on my behalf and spoke to him i am unaware at this time as to what took place in that phone call.

    i was advices to wait for the 5-14 days to be able to set up a court date ( paliminary hearing ) and plead not guilty to the chargers at this point i have been told that being charged with.

    76-10-505 WILL NOT hold up agenst me as 76-10-523 states i am exempt.

    this is pretty much all i have to be able to update you all at this time as i get information i will be posting it up here .

    also i was told until this hole matter is settle i will not be receiving my firearm and ammunition back.

    i am still completely open to all advice you all wish to give on this and i do thank you all again
    File a federal lawsuit.

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