The Utah municipality of Sandy City has agreed to stop violating state law. The city had passed ordinances that were clearly in violation of state law. Nearly all states control what power is granted to cities. State power is granted by the Constitution, and constrained by it, as is federal power.
Most states have reserved the power to regulate guns to the state level, so that there will be uniform gun laws throughout the state. Utah is one of the vast majority of states that have a preemption law that does this.
The Second Amendment Foundation has been looking at local municipalities that are in violation of the law, and pushing to have them follow the law. In the case of Sandy City, the violation was obvious. Sandy City agreed to repeal the offending ordinances. From sltrib.com:
"Sandy City Corporation has no legal authority to adopt or enforce these sections of the Sandy City Corporation Code and should, out of respect for the supremacy of the Utah Legislature, and out of respect for the rule of law, repeal them," foundation Executive Vice President Alan Gottlieb wrote in a July 8 letter to the city.Only one member of the public spoke against repeal of the ordinances.
"Where are the laws protecting my rights as a private citizen who does not feel safe anymore, anywhere?" said Sally Jo Fuller, a 45-year Sandy resident who was the only member of the public to speak against the amendments.If Ms. Fuller had thought about her comment, she would realize that her proposed "right" would cancel all other rights. If one can stop anyone from exercising their rights by claiming that a person " does not feel safe", then no right would be safe. Anyone could claim that the way a person talked, or dressed, or practiced their religion made them feel "not safe".
©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch
Here in Florida this was a problem for decades, local counties, and cities simply passing their own weapons regulations. The state then passed a law making only the Florida legislature the legal entity for all gun laws and regulations. Today any city council, county commission, police dept that enforces any regulation that is not state generated, faces, removal from office, a $5,000 fine , and can be sued by the offended citizen for up to $100,000.00 and the offending local officer cannot have their employer {local govt.}pay for their legal defense.
ReplyDeleteHere in Florida this was a problem for decades, local counties, and cities simply passing their own weapons regulations. The state then passed a law making only the Florida legislature the legal entity for all gun laws and regulations. Today any city council, county commission, police dept that enforces any regulation that is not state generated, faces, removal from office, a $5,000 fine , and can be sued by the offended citizen for up to $100,000.00 and the offending local officer cannot have their employer {local govt.}pay for their legal defense.
ReplyDelete