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The Utah municipality of Sandy City, A Salt Lake City suburb, has agreed to stop violating state law. Most states have reserved the power to regulate firearms to the state level so as to ensure uniform gun laws to keep compliance simple. Utah is one of the vast majority of states that have a preemption laws. But Sandy had passed ordinances that were  clearly in violation of the state preemption law, prohibiting carry in some parts of the city. 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 . . .

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.

It was among 49 such demand letters sent to local governments around the state on the same date — part of a project by the foundation in which it pores through all local ordinances to flag those it considers as exceeding the authority granted by state law. Utah was the seventh state targeted in the group’s project, but it said it plans, eventually, to get to them all.

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 those of her fellow Sandy residents. 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.
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34 Responses to Sandy, Utah Agrees to Comply with State Preemption Law

    • I haven’t heard ol’ whiny Mayor George bleating about his lack of safety lately. Huh. I wonder if he and Sandy Jo are related.

  1. Yeah, I spend a lot of time asking folks to show me the part of the Constitution or BOR where they have the right to force other folks to do or not do certain things, just so they can “feel safe”.

    No one has shown it to me yet…

  2. “Where are the laws protecting my rights as a private citizen who does not feel safe anymore, anywhere?”

    Feelings, wo, wo, woooooo…. feeeeeelings…

    • You guys are mean. I agree with her, she has a right to not feel safe. Do you think she should be forced to get a gun and learn to use it, thus cancelling her right to not feel safe?

  3. I hope Oregon can get right.
    Multnomah county, (portland), has some really bad ordinances on the books. A couple of cities in the county sued to make sure they were not included in these draconian laws.
    It’s an uphill battle, but worth it.

    • I would really like to see all the anti open carry ordinances wiped off the books. It would be nice to be able to carry when I visit family in Oregon. Even better would be for Oregon to recognize my Utah CFP.

  4. Anytime I’m asked, “Why do you carry a gun everywhere you go?”

    I respond, “Because I live in the real world.”

  5. The Bill of Rights numerates the right of all Americans to keep and bear arms. So long as a city is in the United States, the Bill of Rights preempts any other laws.

    • Ummm, no, it does not work that way. The Bill of Rights as written restricts the power of the Federal government only, not the power of the (nominally independent) States. It is only through court decisions that those rights have been extended to the states. The Second Amendment was not extended to the States until McDonald v. City of Chicago.

      • I hear this argument a lot, and I want to take this opportunity to put it down like a rabid dog.

        It’s true that the Constitution of the USA grants and restricts the power of the federal government only. However, I must submit that the Bill of Rights is different in its scope of authority. If we truly accept the BoR as a list of “natural, civil, and constitutionally-protected” rights, then it MUST apply to the several states. It must apply throughout the country. Rights are rights, and they do not change when you cross state borders.

        If the several states are not bound by the absolutist wording of the 2nd amendment, then they aren’t bound by the 13th, 15th, or 19th ammendments either.

        Perhaps it is true that when the 2nd amendment was ratified, the states feared only that the feds would infringe on the RKBA, and never dreamed that the states themselves would be the perpetrators of such infringements. But at the end of the day, it doesn’t matter because the Bill of Rights secures (secures – notice I didn’t say “grants”) the rights of ALL Americans.

      • No, the scotus did not start to reverse their unconstitutional actions and decisions prior to that.
        If you read it, the Constitution itself does mentiion how state constitutions and laws do not override the Constitution. It is not a difficult read.

  6. “If Ms. Fuller had thought about her comment, she would realize that her proposed “right” would cancel those of her fellow Sandy residents.”

    IF she had thought, my guess would be that she would simply have found a “better” rationalization. But then I’m cynical.

    As she’s a 45-year resident she’s at least 45 years old. That just tells me that even in the good old days, civics and critical thinking weren’t taught as well or as thoroughly as one would wish.

  7. Good for SAF! Keep suing the leftist, anti-Second Amendment and racist politicians and leftists who want to pass laws restricting weapon ownership, which usually affects the law abiding citizens in the inner city. If voting laws were passed that are/were restrictive on inner city residents the ACLU and Revs. Jackson and Sharpton would be there with major media protests. When Second Amendment afronts and laws are passed all the Democrat Party racists who pass them ought to be picketed by the Revs. Jackson and Sharpton and others for their racists stands on the Second Amendment, otherwise they are revealed as the hypocrites they are.

  8. gee, thanks Mary Jo. Thanks for telling the world you don’t have a gun in your home. . . now criminals can focus on your family and stay away from mine.

  9. ‘What I, in my ignorance, desire trumps everyone else’s rights because feelings.’

    Kinda summarizes a lot of left-wing political “reasoning,” doesn’t it?

  10. Sally, the people who make your environment not safe are felons who have a rapsheet a mile long. Not law abiding citizens who conceal carry.

  11. “Congress shall make not laws that make people feel unsafe; furthermore the right of everyone to feel safe, regardless of the societal consequences, shall not be infringed under any circumstances”.

    Oh ya, I forgot about the 0th amendment, the right to “feel safe”.

  12. If she really lives in Sandy and “doesn’t feel safe anywhere” then she’s out of her mind. Utah is very safe in general, Sandy is a nice area, and gun violence is very low.

  13. There is only one possible way to truly ‘feel safe’ – ignorance. Just walk around with you nose in your smart phone oblivious to everyone around you and you’ll feel perfectly safe. You just won’t actually be safe.

  14. TL;DR- Congrats SAF- another good use of members money.

    Reading the book “Rise of the Anti-Media” about how the horizontal integration of grassroots 2A rights believers achieved Concealed Carry over most of the US, patiently, including county by county pressure in Michigan, a tactic being used now by CGF in CA on each Sheriff, to create a uniform shall issue procedure and availability.

    http://www.amazon.com/dp/0739118862/?tag=googhydr-20&hvadid=34344702949&hvpos=1t1&hvexid=&hvnetw=s&hvrand=12818943412541630929&hvpone=56.24&hvptwo=&hvqmt=b&hvdev=c&ref=pd_sl_7ee1evlqop_b

    Its working still- thanks to all gun owners stepping up to the plate, one by one, never giving up, and educating the rest- and I’d like to thank Dean again, and all the other writers at TTAG.

    Your fact based writing on the “culture” is an example of Andrew Breitbarts Law, that culture precededs politics, and education works- peeling independents away from the progtards,

    one by one, grass-roots up, and its unstoppable-

    including exposing the FakeBook sock puppet campaign by Bloomberg, aka Moms Demand Action – per the Rise book, just another top-down propaganda effort that wont work,

    no matter how many “likes” they buy from shady brokers in China…
    http://www.wired.com/2013/02/facebook-likes-hacker/

    or faked “protests” by SIEU types bused in with same colored t-shirts, and bald headed bodyguards…

    or carefully screened and pimped profiles of “real” Moms, chosen from the progtard community organizer groups…

    MOCK THEM!

    see also: http://www.volokh.com/2013/07/10/chicago-from-a-handgun-ban-to-a-right-to-carry-concealed-handguns/

  15. Wow I almost went to Sandy last week and I would have been open carrying… I didn’t know anything about regulations. Utah law says I can open carry except XX fed building, schools, and places of worship.
    Sandy has always seamed like a liberal area to me. Well that and the Avenues… Hipsters…

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