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Salt Lake County discharge laws

6K views 11 replies 10 participants last post by  Kevin Jensen 
#1 ·
Hey guys,
I remember counties got their firearm discharge laws struck down as unconstitutional. Is this correct?
I am trying to find out if I can hunt with-in Salt lake county, as long as I am in un-incorporated land and away from structures. (mainly the higher/deeper parts of the wasatch front). There are some areas that hold grouse and I want to go after them, but don't want to get ticketed.

Any ideas?
 
#2 ·
Not familiar with any discharge laws being struck down. That is one of the few laws allowed to state entities by the legislature. They can't prohibit carry but discharge can be limited, with exceptions for situations of justified defensive situations. As to hunting in unincorporated county areas, I'm not aware of any such laws on the books but I can see SL county imposing such as most of the county is fairly urban anymore.
 
#4 ·
Unless the law has changed, Counties cannot regulate discharge. They are not on the list of those authorized by the State Legislature to regulate discharge. City and Municipalities can regulate discharge.
 
#5 ·
JoeSparky said:
Unless the law has changed, Counties cannot regulate discharge. They are not on the list of those authorized by the State Legislature to regulate discharge. City and Municipalities can regulate discharge.
I concur!
 
#6 ·
JoeSparky said:
Unless the law has changed, Counties cannot regulate discharge. They are not on the list of those authorized by the State Legislature to regulate discharge. City and Municipalities can regulate discharge.
This is correct. Counties have not been given authority to regulate the discharge of firearms. This does not mean that SL county thinks they can't and I do believe they have a no discharge law on the books. Make sure you can quote the state preemption statutes and where the state granted authority to municipalities so you can illustrate to any LEO that counties do not have the authority.
 
#7 ·
Salt Lake County does not allow any hunting, whatsoever, on the majority of county lands (public or private).
And, the Forest Service and DWR have their own regulations dictating what you can and cannot do in Salt Lake County on the Wasatch Front.

Whether or not discharging a firearm is allowed, you need to be sure that it's a legal place to hunt. ....And that the weapon (and ammunition/arrows) you're using is allowed (even archery is restricted in many areas).
 
#9 ·
The fun part is that the DWR sends me to the Sheriffs Dept. and the Sheriffs want to send me back to the DWR. As far as the hunt that I am interested in, it is grouse, so shot gun hunting on the wasatch front. I can find nothing anywhere restricting me from doing it, except in watershed areas and that only restricts my dog.

I won't hunt it this year but I will keep looking into it until I feel reasonably secure in being able to give a judge reasons why my hunting is legal.

Anymore help would be greatly appreciated.

Any suggestions on who to speak at the state and county level? DWR seems pretty straight forward for upland game, if its legal in the area to hunt, its fine to take the game.
 
#10 ·
For the county, call the Sheriff's department (again). I know they can be frustrating, but they're usually the only people that can even get close to giving you current information, unless you want to sift through all of the county code and search for temporary restrictions, etc.

Don't start out by telling them that you will be hunting. As soon as they hear that word, they want to pass the buck and send you to the DWR ...and they stop listening to you. Just ask if it's legal to discharge a shotgun and get as specific as possible about the area(s) you want to know about.

Almost anyone at the DWR should be able to answer any hunting-related questions. And if they don't know the answer, they can transfer you to someone that does. Sometimes the quality of the answer is dependent upon which people happen to be available that day, though.

---

This post saved from the guillotine ... for no reason, whatsoever.
 
#11 ·
Creek said:
Just one reason I live south of the Payson/Dixie line.
The only problem is...Cities in Utah stretch their boundaries way off into desolate areas so they don't loose any revenue if someone wants to develop something (I guess). Case in point Ivins/Santa Clara/St. George/Washington/Hurricane/LaVerkin have common, continuous boundaries. Farmland that was once great pheasant, duck and dove hunting is now all closed due to annexation to the next city line. And all have no discharge ordinances. No need for the county to come into play.
What really is amazing is that St. George city limits stretch to the AZ border (three miles of desert) closed to any firearm discharge...
But it gets worse: all of that land to AZ is also State School Trust Land and is closed to even Foot Traffic. Nope can't even set foot on the majority of it.
 
#12 ·
Salt Lake County's ban on shooting was unlawful, and doesn't even exist anymore.

All of SL County's unlawful weapons ordinances were repealed in 2010.

https://library.municode.com/HTML/16602/level3/TIT10PUPEMOWE_ARTVIIIWE_CH10.64RE.html

Editor's note- Ord. No. 1661, § II, adopted January 5, 2010, amended the Code by repealing former Ch. 10.64 in its entirety. Former Ch. 10.64 pertained to firearms and weapons, and derived from the prior code, §§ 16-4-1-16-4-11, and Ord. 1473 of 2001.
FrankenHollow said:
Salt Lake County does not allow any hunting, whatsoever, on the majority of county lands (public or private).
Got a law to back up that claim? Here is the only Salt Lake County's "hunting ordinance" I could find...

https://library.municode.com/HTML/1...FA.html#TIT13PARE_CH13.04PAREFA_13.04.140HUFI

13.04.140 Hunting and fishing.

No person shall hunt or fish in any park or public grounds except in accordance with state law.

(Ord. No. 1661, § III, 1-5-2010; prior code § 17-2-19)
...and for reference, the law that allows Cities and Towns to ban discharge, Counties are not included.

10-1-104. Definitions.
As used in this title:
...
(5) "Municipality" means a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class, or a town, as classified in Section 10-2-301.
"Powers and Duties of Municipalities"
10-8-47. Intoxication -- Fights -- Disorderly conduct -- Assault and battery -- Petit larceny -- Riots and disorderly assemblies -- Firearms and fireworks -- False pretenses and embezzlement -- Sale of liquor, narcotics, or tobacco to minors -- Possession of controlled substances -- Treatment of alcoholics and narcotics or drug addicts.

A municipal legislative body may prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights, bullfights, and all disorderly conduct and provide against and punish the offenses of assault and battery and petit larceny; the municipal legislative body may restrain riots, routs, noises, disturbances or disorderly assemblies in any street, house or place in the city; the municipal legislative body may regulate and prevent the discharge of firearms, rockets, powder, fireworks or any other dangerous or combustible material; the municipal legislative body may provide against and prevent the offense of obtaining money or property under false pretenses and the offense of embezzling money or property in all cases where the money or property embezzled or obtained under false pretenses does not exceed in value the sum of $500 and may prohibit the sale, giving away, or furnishing of narcotics, alcoholic beverages to a person younger than 21 years of age, or tobacco to any person younger than 19 years of age; cities may, by ordinance, prohibit the possession of controlled substances as defined in the Utah Controlled Substances Act or any other endangering or impairing substance, provided the conduct is not a class A misdemeanor or felony, and provide for treatment of alcoholics, narcotic addicts and other persons who are addicted to the use of drugs or intoxicants such that a person substantially lacks the capacity to control the person's use of the drugs or intoxicants, and judicial supervision may be imposed as a means of effecting their rehabilitation.
 
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