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Thread: Suggestions on getting a Moab City Code changed??

  1. #1
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    Any sugestions on how to go about getting this code changed, It is for Moab City.

    9.28.020 Carrying a concealed weapon.
    No person, except a peace officer, without the written consent of a peace officer shall carry any slingshot, brass knuckles, REVOLVER, dagger, stiletto, knife, dirk or other concealed deadly weapon.
    (Prior code § 17-45)

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    Regular Member 1Grizzly1's Avatar
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    I would call a CFP written consent.

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    1Grizzly1 wrote:
    I would call a CFP written consent.
    True, but even still this is an illegal ordinance. State law also allows you to conceal in your vehicle, in your home or on other property you own, and Moab's ordinance doesn't allow those.

    Technically, the ordinance itself is only illegal if it was passed after the Uniform Firearms Act. Odds are that it was already on the books then, so the city isn't doing anything wrong by leaving it on the books. It would be illegal for them to try to enforce it, though, so they really should get rid of it and just rely on state law.

  4. #4
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    kdt1970 wrote:
    Any sugestions on how to go about getting this code changed, It is for Moab City.

    9.28.020 Carrying a concealed weapon.
    No person, except a peace officer, without the written consent of a peace officer shall carry any slingshot, brass knuckles, REVOLVER, dagger, stiletto, knife, dirk or other concealed deadly weapon.
    (Prior code § 17-45)
    The best bet is to contact the Moab city attorney with your concerns. Provide to him citations from the relevant sections of Utah code (76-10-5xx) and the UoU v Shurtleff lawsuit.

    My guess is that neither he, nor most members of the city council nor the city staff even realize this ordinance is still on the books.

    Be a bit patient. It can take several weeks, or even a few months for a city attorney to review such material, draft the proper change to city ordinance, and then get it on the agenda for the city council to pass. SLCounty recently did this. It took about 6 months I think. In the end, they simply repealed most all county gun ordinances and now rely on State code.

    A good tactic can be to help show the city attorney where most all of his concerns are already covered under State code (discharge near or toward a structure, discharge across a road, carry concealed if you are not legally authorized to do so, etc). Because this is an area of law subject to frequent legislative changes it can be expensive for a city to keep up. Leaving it strictly to the State code can be a money saver for them.

    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.

  5. #5
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    I cannot find thecode that says the city cannot make it own gun laws.

    can somebody link me to it please.

  6. #6
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    you can go find many city ordinances that are outdated, illegal, wrong, ...

    Often these are not repealed or reviewed as they should be.

    I think a letter to the city attorney could fix these gems.

  7. #7
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    kdt1970 wrote:
    I cannot find thecode that says the city cannot make it own gun laws.

    can somebody link me to it please.
    http://le.utah.gov/~code/TITLE53/htm/53_05a010200.htm

    53-5a-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.



  8. #8
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    ...and

    http://le.utah.gov/~code/TITLE76/htm/76_10_050000.htm

    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.

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