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Gunreference1
08-27-2010, 01:07 AM
Gun advocates say Davis County can’t ban use of firearms on east bench

By cathy mckitrick
The Salt Lake Tribune
Updated 4 hours ago Updated Aug 26, 2010 08:05PM

Gun enthusiasts say Davis County commissioners overstepped their bounds this week by enacting a ban on the discharge of firearms on its now populous east bench.

“They chose to do something they don’t have the authority to do. The state code is clear on that,” said Brent Tenney, a Salt Lake County resident who actively fought a concealed-carry ban on the University of Utah campus.

Utah law reserves gun-regulating authority to the state — except where the Legislature specifically delegates responsibility to local authorities or state entities. But it does allows municipalities to regulate and prevent the discharge of firearms within their borders.

“Cities have that power — but counties don’t,” Tenney said.

Sheriff’s deputies simply need to enforce laws already on the books, Tenney added. State law does prohibit shooting in the direction of people, buildings or vehicles.

Bret Millburn says that for as long as he has served on the Davis County Commission — his term began in January 2007 — an ordinance has been in place banning the discharge of firearms in the county’s western part and no one has complained.

The county’s new ordinance, approved Tuesday, prohibits the firing of guns on unincorporated Davis land east of Highway 89 up to 7,000 feet in elevation — except for permitted hunting and recreational shooting on the area’s popular gun ranges.

But some are questioning their authority to legislate gun activity on the hillside, Millburn said.

“We’re actually reviewing that section of the code to make a determination of where we stand,” Millburn said. “If in fact we are out of line, then we have no intentions of breaking the law.”

Jim Stephens presides over the Centerville Small Arms Association, which for decades has operated a gun range in the hills above Centerville. He suspects that stray bullets that lodged in northeast Bountiful homes did not come from the Lions Club Range above that city but from “irresponsible” shooters outside the facility.

Stephens said he approves of the county’s recent legislative action because many homes in Davis County have crept up to 6,000 feet on the mountainside.

“If the gunfire is directed toward their home, people have a right to be concerned,” Stephens said. “Sometimes people forget how far a bullet will travel and what it will do when it lands.”

Senate President Michael Waddoups, a strong defender of individual gun rights, said that he was unaware of the legal conundrum raised by Tenney.

“Obviously one of the major obligations of government is public safety,” Waddoups said. “But you would have to weigh the competing rights.”

cmckitrick@sltrib.com

http://www.sltrib.com/sltrib/home/50173779-76/county-gun-state-davis.html.csp

Steve

Gunreference1
08-31-2010, 02:50 AM
Mountainside shooting further restricted

by Tom Busselberg
Aug 30, 2010

FARMINGTON — As ATV riders, hikers and others are making more use of Davis County’s mountainsides, there is more chance for unintended encounters with stray bullets.

With that in mind, the Davis County Commission approved an amendment to its firearms code, Tuesday.

It concerns discharge of firearms in the area east of Highway 89 up to 7,000 feet to Park Lane, from the north to south borders of the county, including along I-15 from Farmington to the Salt Lake County line.

The ordinance covers discharge of a rifle, gun, pistol, pellet gun, and more in the unincorporated area of the county also west of Highway 89 and north of State Highway 193 (that hugs Hill AFB).

The only exceptions where firearms can be used are in self-defense, by a police officer, shotgun target shooting with a permit, or regular pheasant or dove hunting.

Firearms can also be used at the firing range east of Fruit Heights and the Bountiful Lions Club firing range.

“It really is a public safety issue,” says County Commissioner Bret Millburn. “There has always been a discharge firearms ordinance in the unincorporated county, more specific to the west end of the county.

“Over the years, as housing moved further up the hill, and there was growth in recreational opportunities in our foothills, it really became a public safety issue,” he continued. “That’s been evidenced a number of times in the last few years both with stray bullets, near misses to homes and people.”

Another example involves the fire earlier this summer in the Centerville foothills, he said.

“A fire like that, as one example, doesn’t necessarily need to be caused by the actual bullet being shot. Sometimes it’s the materials people are shooting at – bottles left in dry grass, and the sun hits it,” Millburn said.

Beyond that, there is the unsightliness that can be created from litter, where shooters don’t remove their bullet casings, he continued.

“All of that is really secondary to public safety,” he emphasized.

“This mirrors what the cities have in place,” said Bountiful Police Chief Tom Ross. “The motivating factor for the city to be involved had to do with the four or five homes over the years that have had bullets hit their structures.

“It’s predominantly on our northeast side of town. We were looking for ways that might help to reduce the public safety issue.”

Two Bountiful residents addressed the county commission, saying they appreciated the new restrictions, but added that they desired even more controls. They live near the Lions Club Range.

“We’re trying to find a balance, protecting the public the best we can,” the Bountiful police chief said. “It’s not a fix to any risk. We understand the concerns of those that spoke, others that share that view. We’re trying to do something (to accommodate) hundreds of thousands of people.”

tbusselberg@davisclipper.com

http://www.clippertoday.com/view/full_story/9323327/article-Mountainside-shooting-further-restricted?instance=secondary_stories_left_column

Steve

Gunreference1
09-09-2010, 03:49 AM
Davis County rolls back gun ban

Last updated
Tuesday, September 7, 2010 - 10:54pm

FARMINGTON -- The Davis County Commission has admitted it made a mistake; changing gun laws is not within its jurisdiction.

On Tuesday, the commission rolled back a two-week old ban on discharging firearms in an area that included most of the county's mountainside along the Wasatch Front.

"The county did not have the authority to amend the ordinance, as we did," said Gerald Hess, of the Davis County Attorney's Office.

To read the rest of the story click the link below.

http://www.standard.net/topics/courts/2010/09/07/davis-county-rolls-back-gun-ban