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Thread: Sitka municipal code 10.88.020

  1. #1
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    Sitka municipal code 10.88.020

    Is this legally enforceable?

    Granted it only concerns concealed carry--but is it still enforceable given the limited amount of authority given to boroughs and municipalities to pass and enforce firearms legislation?

    10.88.020 Prohibitions.

    It is unlawful for any person to:

    A. Discharge any firearm within the boundaries of the central business district, waterfront district, hospitals, any public school premises, including adjacent parking lots, and the City Hall and Centennial Building and their parking lots;

    B. Intentionally point or aim any firearm, loaded or otherwise, at any person;

    C. Carry a concealed firearm on his/her person except with a permit issued under AS 1865.700 et seq.;

    D. Carry a loaded firearm within the boundaries of the central business district, waterfront district, hospitals, any public school premises, including adjacent parking lots, and the City Hall and Centennial Building and their parking lots except under such permit as described in subsection C of this section.

    E. The prohibitions stated in this section shall not apply to sworn peace officers or a person in premises owned or leased by that person and applicable defenses such as self defense or defense of others should apply.

  2. #2
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    suntzu:

    It would Appear as if Provisions C and D are NOT Enforceable, in Light of Alaska State Preemption AS 29-35-145.

    However, A and B would be Enforceable, provided that neither A nor B would Apply under a Self-Defense Situation.

    Therefore, E is Correct, but ONLY for The Situations under A and B.

    aadvark

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