Utah Attorney General's Office
Civil Review Committee
To Whom It May Concern:
The City of Logan has several laws that are in violation of the State of Utah Uniform Firearms laws. I am writing to request that the Attorney General's office notify Logan City officials of this illegality and request that they rectify this issue.
Several months ago, there were reports of law-abiding firearm owners being harassed and informed by Logan City law enforcement officers that the possession of all firearms within city limits is illegal, regardless of state law or the possession of a concealed firearms permit, etc. Logan's city code indeed includes several laws that restrict and seemingly make illegal the otherwise lawful possession of all firearms. For example, Logan Code 9.28.160 states, "Every person who carries a loaded firearm in a vehicle or on any public street in the city is guilty of a class B misdemeanor." 9.28.020 makes all concealed firearms illegal, with no exemptions for state-issued concealed firearm permit holders. 9.28.040 makes possession of ANY firearm, BB gun, slingshot, airsoft, or paintball gun illegal at any place in city limits.
All of the above, including several other city laws, are clearly in violation of Utah's Uniform Firearms laws (UCA 53-5a-102), which reserves all authority to regulate firearms to the state legislature, except where the legislature explicitly delegates this authority. Several are in direct conflict with other state and federal laws, such as the Utah Concealed Firearms Act and also UCA 76-10-505 which allow the lawful possession of loaded firearms in vehicles, for example. These ordinances are resulting in violations of citizen's constitutional rights to keep and bear arms, as enumerated in Article I, Section 6 of the Utah State Constitution.
I notified the city attorney, Kymber Housley (KHOUSLEY@loganutah.org, (435)716-9083) of this issue in January, 2009. His response was, "â€¦we do not prosecute under the ordinances" and that there was "no time table as of yet" for bringing the city into compliance. Despite the fact that the ordinance may not be prosecuted, it is clearly in violation of state law and is causing confusion, harassment, and quite possibly unlawful arrests of law-abiding citizens.
As I requested further action on this matter, Mr. Housley replied, "If this is a major issue for you, I would recommend not waiting to file your formal complaint. Frankly, I would like to hear the AG's opinion as to what we can and cannot regulate. Currently, the ordinances in question are not being enforced. I'll wait to hear from the AG's Office." It was clarified that he would not take action or recommend that the city council change these ordinances until and unless the State Attorney General's Office provided clarification. Despite the clarity of the law and my bringing AG Opinion 2001-2 (http://attorneygeneral.utah.gov/AGOpinion2001-2.html) to his attention and to the attention of the city council and the mayor, the city is intent on not bringing itself into compliance with state law unless requested or forced to do so by your office.
I hereby file this formal complaint against the City of Logan and formally request that the State Attorney General's office inform the City of Logan of the illegality of its firearm ordinances and request or require that these ordinances be stricken from the city code or otherwise brought into compliance. I also request that I be informed of all communications to the city so that I, as a concerned citizen, can follow up and ensure that the constitutional rights of lawful citizens and visitors of Logan City are no longer infringed.
apollosmith wrote:Here's where things stand. I've filed my formal complaint with the Attorney General's office and am waiting for a response. Here's the letter I sent:
apollosmith wrote:You can listen to the show at http://podcast.cachevalleydaily.com/FTP-05-27-2009B.mp3 It starts at about 10 minutes in.
divegeek wrote:apollosmith wrote:Here's where things stand. I've filed my formal complaint with the Attorney General's office and am waiting for a response. Here's the letter I sent:
Excellent job, apollo!
Jeff Johnson wrote:Excellent letter!! I'll be interested in attending to show my support when you need to present a unified front to the city council.
Nuttycomputer wrote:If possible I will also show up to a city council meeting if it's going to take a more direct approach. Hey I'll even show up as I go any other place. Open carrying my Fully Loaded S&W 9mm Sigma.
The Office of the Attorney General received your letter regarding your concerns about Logan city's current ordinances dealing with firearms. Your letter was forwarded to the Civil Review Committee of the Utah Attorney General's Office (CRC) for review.
Our office has been in contact with Logan City and we are satisfied that Logan City is aware of the possible conflict of its ordinances with State law and that the City is taking appropriate positive steps to address and revise these ordinances. We are assured that in fact, Kymber Housley, Attorney for Logan City has instructed local law enforcement not to enforce, charge or otherwise impede citizens who are otherwise compliant under State law under these ordinances. Logan City is in the process of revising its municipal code as quickly as practicable.
While the CRC is concerned about this issues and will monitor Logan city to ensure compliance, we will take no further action at this time.
Thank you for your confidence in our office and your attention in this matter.
apollosmith wrote:I'm not sure if the city has open comment time, but if so, perhaps you could request a more detailed timeline for resolving these issues.
apollosmith wrote:I wish there were some timeline besides "as quickly as practicable", but I'm happy to give them a few months time to work out the details and make these changes. I'll continue to monitor the city council meeting agendas for this item to appear. If folks would like to join hartazo at the next meeting, that would be cool.
Nuttycomputer wrote:hartazo, I will attempt to make it to the July 7th Meeting and will Open Carry. I myself am not a Logan Resident and I'm unsure about your residency but it would be good to have someone local if possible or someone who passes through logan on a weekly basis.
Anyone else be joining us?
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