I know this has been discussed before, but I still have questions.
Utah's Uniform Laws (53-5a-102) state, "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."
I've found nowhere in state law that the Department of Wildlife Resources has been granted authorization to regulate firearms. Despite this, there are several DWR rules (they are not laws) that clearly violate the state uniform laws. In the 2009 Big Game Hunting Guidebook, it specifically prohibits firearms in a few places (note that there are exceptions for CFP holders):
1. R657-5-7 (5d). On "Temporary Game Preserves". These are areas where a bull elk, buck pronghorn, moose, bison, bighorn sheep or Rocky Mountain goat hunt is taking place. So if you do not have a permit and go on a hike while open carrying pretty much any the mountains most any time in the fall, you are violating this rule.
2. R657-5-11 and R657-5-12. Any place on your person, in your vehicle, or in your camp during an archery or muzzleloader hunt if you have an archery or muzzleloader permit. So if you have an archery permit and do not have a CFP, you cannot keep a firearm in your tent or even have one in your vehicle ANYWHERE during the dates of your hunt. These laws seem to directly contradict the domicile and vehicle allowances (76-10-504). They even overstep the federal transportation allowances. This was brought up by someone coming to archery hunt Utah from California. He does not have a permit. According to the DWR, he has to leave his firearm at home, right?
I'd also like to point out 76-10-504 which states that you can keep and conceal a pistol with a barrel longer than 4" for personal protection while hunting REGARDLESS of whether you have a concealed firearms permit or not. Again, this law allows something that the DWR rules prohibit.
So a few questions:
1. Has the legislature granted the Utah Department of Wildlife Resources authority to "inhibit or restrict the possession or use of firearms"?
2. If not, where does the DWR have authority to publish and enforce these rules which clearly do so?
3. Which rule takes precedence - the domicile and vehicle laws or the DWRs rules that say you can't carry while archery or muzzleloader hunting unless you have a CFP?
Utah's Uniform Laws (53-5a-102) state, "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."
I've found nowhere in state law that the Department of Wildlife Resources has been granted authorization to regulate firearms. Despite this, there are several DWR rules (they are not laws) that clearly violate the state uniform laws. In the 2009 Big Game Hunting Guidebook, it specifically prohibits firearms in a few places (note that there are exceptions for CFP holders):
1. R657-5-7 (5d). On "Temporary Game Preserves". These are areas where a bull elk, buck pronghorn, moose, bison, bighorn sheep or Rocky Mountain goat hunt is taking place. So if you do not have a permit and go on a hike while open carrying pretty much any the mountains most any time in the fall, you are violating this rule.
2. R657-5-11 and R657-5-12. Any place on your person, in your vehicle, or in your camp during an archery or muzzleloader hunt if you have an archery or muzzleloader permit. So if you have an archery permit and do not have a CFP, you cannot keep a firearm in your tent or even have one in your vehicle ANYWHERE during the dates of your hunt. These laws seem to directly contradict the domicile and vehicle allowances (76-10-504). They even overstep the federal transportation allowances. This was brought up by someone coming to archery hunt Utah from California. He does not have a permit. According to the DWR, he has to leave his firearm at home, right?
I'd also like to point out 76-10-504 which states that you can keep and conceal a pistol with a barrel longer than 4" for personal protection while hunting REGARDLESS of whether you have a concealed firearms permit or not. Again, this law allows something that the DWR rules prohibit.
So a few questions:
1. Has the legislature granted the Utah Department of Wildlife Resources authority to "inhibit or restrict the possession or use of firearms"?
2. If not, where does the DWR have authority to publish and enforce these rules which clearly do so?
3. Which rule takes precedence - the domicile and vehicle laws or the DWRs rules that say you can't carry while archery or muzzleloader hunting unless you have a CFP?