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StuartG
Regular Member
| Joined: | Wed Oct 28th, 2009 |
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| Posts: | 16 |
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Posted: Wed Oct 28th, 2009 07:37 pm |
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Last edited on Tue Nov 3rd, 2009 10:20 am by StuartG
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mqondo
Regular Member
| Joined: | Thu Mar 26th, 2009 |
| Location: | SLC, Utah USA |
| Posts: | 121 |
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Posted: Wed Oct 28th, 2009 08:03 pm |
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Make sure you take the laws with you when you go talk to them. The pamphlet I made a little while ago has parts in bold so that they are easier to find. Look at page 3, either under the PDF or the Word document. This is the key to most of the pamphlet. The other pages talk about loaded firearms, and the penalties for carrying them, and also carrying on school property. However, page 3 has code 76-10-523, which gives those exempt from weapons laws. CFP holders are one of them, and clearly states that CFP holders are exempt from penalties from carrying loaded (code 76-10-505) and carrying a concealed weapon (code 76-10-504) and carrying on school property (code 76-10-505.5, under page 4, it has the exemption on that page). Please read it carefully and make sure you know the law. I will post a thread on here that has a link to these pamphlets as well, since I'm sure it would be helpful to those who don't access UCC a lot.
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SGT Jensen
State Researcher
| Joined: | Sat Feb 24th, 2007 |
| Location: | Santaquin, Utah USA |
| Posts: | 1990 |
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Posted: Wed Oct 28th, 2009 08:08 pm |
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StuartG wrote: by NO means am i agenst the police department of any city
Well, if you won't be then I will. Until this BS is fixed, eff Midvale PD!  
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StuartG
Regular Member
| Joined: | Wed Oct 28th, 2009 |
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| Posts: | 16 |
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Posted: Thu Oct 29th, 2009 03:30 am |
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Last edited on Tue Nov 3rd, 2009 10:21 am by StuartG
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jaredbelch
Founder's Club Member
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Posted: Thu Oct 29th, 2009 04:15 am |
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StuartG wrote: SGT Jensen wrote: StuartG wrote: by NO means am i agenst the police department of any city
Well, if you won't be then I will. Until this BS is fixed, eff Midvale PD!
gotta love you SGT
just a update to the days activity my self and james along with another person of whom i will not name unless given permission to do so went down to midvale PD to try and speak to the chief and the captain over the officer who issues the ticket.
neither of witch would speak to us they informed us that it was turned over to the prosecuting attorney at this time we left the police station and the gentalman ( who is very knowledgeable of the gun laws and had the full law book with him and was advising us threw it all and has said he will continue till it is settled ) called the attorney on my behalf and spoke to him i am unaware at this time as to what took place in that phone call.
i was advices to wait for the 5-14 days to be able to set up a court date ( paliminary hearing ) and plead not guilty to the chargers at this point i have been told that being charged with.
76-10-505 WILL NOT hold up agenst me as 76-10-523 states i am exempt.
this is pretty much all i have to be able to update you all at this time as i get information i will be posting it up here .
also i was told until this hole matter is settle i will not be receiving my firearm and ammunition back.
i am still completely open to all advice you all wish to give on this and i do thank you all again
File a federal lawsuit.
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Mike
Super Moderator
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Posted: Thu Oct 29th, 2009 04:29 am |
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StuartG wrote: images below have had certian parts of the name,adress,social removed for protection
Were you asked to disclose your SSNs without being advised of your right to refuse per Section 7 of the Federal Privacy Act? if so, you have a great federal cause of action in civil suit should you go that route.Last edited on Thu Oct 29th, 2009 04:31 am by Mike
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Mike
Super Moderator
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Posted: Thu Oct 29th, 2009 04:30 am |
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mqondo wrote: Well then, I misread your post. For some reason I thought that your friend had one under the hammer, that would have been a bad idea without a CFP.
huh? A round under the hammer where the hammer is not cocked would not be "loaded" under Utah law.
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Mike
Super Moderator
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Posted: Thu Oct 29th, 2009 04:33 am |
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| You both need to find Utah barred couonsel who will handle your criminal case WITH AN EYE toward filing a lawsuit for damages after the charges are dismissed - on what grounds were you even seized to begin with!!??
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SGT Jensen
State Researcher
| Joined: | Sat Feb 24th, 2007 |
| Location: | Santaquin, Utah USA |
| Posts: | 1990 |
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Posted: Thu Oct 29th, 2009 04:36 am |
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Mike wrote: mqondo wrote: Well then, I misread your post. For some reason I thought that your friend had one under the hammer, that would have been a bad idea without a CFP.
huh? A round under the hammer where the hammer is not cocked would not be "loaded" under Utah law.
76-10-502. When weapon deemed loaded.
(1) For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position.
(2) Pistols and revolvers shall also be deemed to be loaded when an unexpended cartridge, shell, or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired.
(3) A muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.
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StuartG
Regular Member
| Joined: | Wed Oct 28th, 2009 |
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| Posts: | 16 |
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Posted: Thu Oct 29th, 2009 04:51 am |
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Last edited on Tue Nov 3rd, 2009 10:21 am by StuartG
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Mike
Super Moderator
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Posted: Thu Oct 29th, 2009 04:51 am |
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SGT Jensen wrote: Mike wrote: mqondo wrote: Well then, I misread your post. For some reason I thought that your friend had one under the hammer, that would have been a bad idea without a CFP.
huh? A round under the hammer where the hammer is not cocked would not be "loaded" under Utah law.
76-10-502. When weapon deemed loaded.
(1) For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position.
(2) Pistols and revolvers shall also be deemed to be loaded when an unexpended cartridge, shell, or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired.
(3) A muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.
What is a 'firing position"? A firing position for a revolver would be the chamber ready to be advanced to be fired, right? unless you have case law otherwise, I don;t see how a bullet in a position which cannot be fired cn be "in the firing position"
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StuartG
Regular Member
| Joined: | Wed Oct 28th, 2009 |
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| Posts: | 16 |
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Posted: Thu Oct 29th, 2009 05:00 am |
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Last edited on Tue Nov 3rd, 2009 10:22 am by StuartG
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JoeSparky
Centurion Member
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Posted: Thu Oct 29th, 2009 05:24 am |
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Edited by JoeSparky
Last edited on Tue Nov 3rd, 2009 12:38 pm by JoeSparky
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StuartG
Regular Member
| Joined: | Wed Oct 28th, 2009 |
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| Posts: | 16 |
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Posted: Thu Oct 29th, 2009 06:12 am |
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Last edited on Tue Nov 3rd, 2009 10:22 am by StuartG
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Francis Marion
Regular Member
| Joined: | Fri May 23rd, 2008 |
| Location: | Baghdad, Iraq |
| Posts: | 182 |
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Posted: Fri Oct 30th, 2009 06:45 am |
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I agree with many others here; you need to go on the offensive. File a suit against MVPD until they can assure us that this type of behavior by their officers will not be tolerated.
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jcameronwalker
Regular Member
| Joined: | Sat May 2nd, 2009 |
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| Posts: | 14 |
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Posted: Fri Oct 30th, 2009 03:38 pm |
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Last edited on Tue Nov 3rd, 2009 06:14 pm by jcameronwalker
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gunsfreak4791
Regular Member
| Joined: | Fri Jun 13th, 2008 |
| Location: | Kearns, Utah USA |
| Posts: | 509 |
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Posted: Fri Oct 30th, 2009 05:32 pm |
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Very good glad that action is being taken
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ScottyT
Regular Member
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Posted: Fri Oct 30th, 2009 05:45 pm |
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Good luck fighting the good fight brothers!
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gunsfreak4791
Regular Member
| Joined: | Fri Jun 13th, 2008 |
| Location: | Kearns, Utah USA |
| Posts: | 509 |
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Posted: Fri Oct 30th, 2009 09:20 pm |
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Can't wait to see the outcome.
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jcameronwalker
Regular Member
| Joined: | Sat May 2nd, 2009 |
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Posted: Fri Oct 30th, 2009 10:16 pm |
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Last edited on Tue Nov 3rd, 2009 06:15 pm by jcameronwalker
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