Need OC event at a Cedar City (UT) Park

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Need OC event at a Cedar City (UT) Park

Postby RustyShackleford » Sun 13 Mar 2016 9:28 am

(I chose to post this under both "Concealed Carry" and Open Cary Forum threads. It has to do with both, and some that Open Carry may not be as interested in laws affecting CC...if the mods consider this a duplicate and a No-No as per forum rules I can respect that)

Larry
________

I tell ya' they (city's lawyers) just don't get it...
The revised ordinance still forbids the open possession of firearms in city parks but reflects the allowances given by state law to allow concealed carry permit holders the right to carry in a public park. Likewise, concealed carry permit holders are allowed to carry in designated “gun-free” zones.


http://www.stgeorgeutah.com/news/archive/2016/03/11/cmm-city-leaders-unanimously-pass-firearm-ordinance-smoke-shop-moratorium/?utm_source=St.+George+Utah+List&utm_campaign=5cea2f8413-TODAYS_NEWS&utm_medium=email&utm_term=0_76014d49c0-5cea2f8413-243925017#.VuQwMbD2aHs
City leaders unanimously pass firearm ordinance, smoke shop moratorium
CEDAR CITY — Cedar City residents won’t have to worry about using a gun to defend themselves anymore following a unanimous vote by the City Council Wednesday to amend various sections in the city’s firearm ordinance that brings it into compliance with state law.


If anyone in the Cedar City Area would like to have a Cedar City Open Carry Event, (like we did in St. George make them come into compliance) I will make the trip from St. George to Support you.
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Re: Need OC event at a Cedar City (UT) Park

Postby UtahJarhead » Sun 13 Mar 2016 9:39 am

I wish I lived nearby. :(
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Re: Need OC event at a Cedar City (UT) Park

Postby JoeSparky » Sun 13 Mar 2016 6:15 pm

Larry, Set it up and let me know the date and time.... always looking for a good reason to Ride and OPEN CARRY! I am available every other week from Thursday thru Wednesday. Starting March 24th.

I do live nearby---- only a couple hundred miles away in Pleasant Grove!
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Re: Need OC event at a Cedar City (UT) Park

Postby Wrangler_dave9 » Mon 14 Mar 2016 10:07 am

Somewhat off topic, but now that St. George has the "park- carry" ordinance fixed, we need an exemption for the discharge of a firearm in city limits in the course of self-defense.
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Re: Need OC event at a Cedar City (UT) Park

Postby UtahJarhead » Mon 14 Mar 2016 12:21 pm

That exemption does exist, however the park ordinance also exists so it's still in violation.
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Re: Need OC event at a Cedar City (UT) Park

Postby Wrangler_dave9 » Wed 16 Mar 2016 7:03 am

UtahJarhead wrote:That exemption does exist, however the park ordinance also exists so it's still in violation.

The exemption exists for Cedar city, not for St. George. Discharge of a firearm in city limits is a Class B Misdemeanor under city ordinance.
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Re: Need OC event at a Cedar City (UT) Park

Postby UtahJarhead » Wed 16 Mar 2016 10:34 am

Sorry, you're right. I was mixing them up in my head.
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Re: Need OC event at a Cedar City (UT) Park

Postby RustyShackleford » Wed 16 Mar 2016 3:03 pm

I think that St. George is probably ok because they did put in the little snippet highlighted...(meaning State Law for self defense is allowed)
5-4-2: DISCHARGE OF FIREARMS, DANGEROUS WEAPONS: http://www.sterlingcodifiers.com/codebook/index.php?book_id=399
Unless allowed by state law and city ordinance, it shall be unlawful for any person to discharge a firearm or dangerous weapon within the city except when it is discharged at a city approved shooting range or gallery. (Ord. 2015-07-004, 7-30-2015)


But then "and city ordinance" should not be there because within the same sentence is described when the City (Ordinance) does allow it "city approved shooting range or gallery". countering the city ordinance prohibiting discharge of said firearm...Lawyers do charge by the word as I understand it...however..

But then as I look at it again...The city(in the code above) is saying you have to be in compliance with What is "allowed by state law and city ordinance..." So am I correct in assuming you can discharge a firearm in self defense (state law allows)....but also ("and") have to be "at a city approved range or gallery" :dunno:
should the And be changed to "or"?

Sort of like when the and/or matters when withdrawing all your money from your spouses checking account???? without both approving?
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Re: Need OC event at a Cedar City (UT) Park

Postby RustyShackleford » Wed 16 Mar 2016 3:29 pm

I finally found the Cedar City Ordinance about this...and I think it was reported wrong in the media (having to have a permit (CFP) to carry or posses a firearm in a park).

http://www.cedarcity.org/DocumentCenter/Home/View/263

SECTION 27a-7. Recreational Activities.
(A) Hunting and Firearms.
(1) Within the City’s parks or on the City’s public grounds:
(a) no person shall hunt, trap, or pursue wildlife at any time;
(b) except as provided herein, no person shall use, carry or
possess air rifles, spring guns, bow-and-arrows, slings or any
other forms of weapons potentially dangerous to wildlife or
human safety, or any instruments that can be loaded with and
fire blank cartridges, or any kind of trapping device;
( c) subject to applicable State Law defenses or justifications, use
of a firearm is prohibited;
(d) if under State Law a person is permitted to carry a firearm that
person may carry the firearm while in the City’s parks or on
the City’s public grounds, and;
(e) this section shall not be interpreted to prohibit fishing at the
Lake at the Hills.


As I read this Part (b) is completely nullified by Parts (C) and (d)...

The only question would be the word "permitted" Since we are an open carry state, Open Carry is Permitted by State Law
(c )subject to applicable State Law

and
(d) if under State Law a person is permitted to carry a firearm that
person may carry the firearm while in the City’s parks or on
the City’s public grounds, and;
"under State Law" we are permitted to carry Open "without (or with) a permit...!

....But would a Cop, city council (or someone else) take 'Permitted' as meaning "obtained a CFP PERMIT)?

Did you follow what I was saying? Because I'm not sure I did... :lol:
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