State forester imposes fire restrictions, including ban on certain ammo

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  • Zabilde Lehi, UT
    July 7, 2012 11:39 a.m.

    DesNews Staff, could you please look into and try to determine where the Forester supposedly gets the power/authority to regulate any use of firearms or ammunition other than tracers? The ban on Tracers is already coded into the state legal code. But nowhere is the forester given any authority to regulate ammo use. Title 65A of the Utah Code Annotated outlines his job, duties and authority. He can prohibit fire, he can prohibit incendiary devices like fireworks, he can close off areas due to critical fire conditions. But nowhere in there is he given any authority regarding regulation of ammo types.

    Conversely in the Utah Code we find in Title 53 53-5a-102. Uniform firearm laws which prohibits any state agency or entity from making any rules or regulations without the consent and direction of the legislature. The only entities that have such consent are incorporated municipalities which are authorized to regulate discharge of firearms, but only discharge and not ammo types.


  • My2Cents Taylorsville, UT
    July 5, 2012 4:57 a.m.

    A governors play on titles that sound important and authoritative. If the governor or the legislators or the AG has determined questionable authority on gun control laws what make the governor think a tree planting, tree hugging botanist, AKA forester, has been empowered with constitutional and regulator powers to make and create fire and gun control laws? The state forester is a subservient position of the EPA gardening office with no regulatory or enforcement powers.

    I think the governor should start looking in to putting in some fire breaks around the outlying developments that this state forgot to implement by design or accident. Fire breaks should have been in place before these properties were developed for this very reason, but where are they? And why is the governor trying to pass the buck and blame from himslef? Fire breaks and maintenance are state budget mandates so what happened to them?

    So far there is very little evidence that target shooters or fireworks have been responsible for starting any of these fires but since there is no one countering the accusation it becomes an acceptable assumption, because the governor says so.

  • AmPatriot Taylorsville, UT
    July 4, 2012 5:03 a.m.

    The forester can regulate fireworks and incendiary devices but by Constitutional laws and Supreme Court rulings there can be no laws regulating the use and discharging of fire arms, even for target shooting which I think is the target of this governors over reactive impulsive knee jerk comments. The state forester is not an empowered legislator or law enforcement authority.

    Position of title are not cause for entitlement of legislated powers and he cannot create on the spot laws just because the governor says he can. The governor of Utah is desperately trying to pass the buck in doing his job to serve those who need state assistance by laws generate by legislation. I guess the governor didn't plan well for a rainy (drought?) day to serve the citizens and spent or gave all that money away gambling our lives away.

    I think the governors office is in trouble and looking for excuses for deniability.