DAR File No. 30901

Natural Resources, Parks and Recreation

R651-612

Firearms, Traps and Other Weapons

NOTICE OF PROPOSED RULE

DAR File No.: 30901
Filed: 01/14/2008, 10:37
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment is made to more clearly define unlawful discharge of weapons or firearms in the state park system, and includes exceptions to the rule, including: when the weapon or device is being used for legal pursuit of wildlife; is authorized by a Special Use Permit; is used in accordance with the Concealed Weapons Act; or when law enforcement officers are in performance of their duties.

Summary of the rule or change:

This amendment more clearly defines the discharge of weapons or firearms or weapons/devices that could immobilize, injure, or kill any person or animal or damage property. This amendment states the exceptions to this rule (when the weapons may be used per Rules R651-614 and R651-608 and in accordance with Sections 53-5-701, 76-2-204, 76-2-403, or 76-2-405).

State statutory or constitutional authorization for this rule:

Section 63-11-17

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget as this amendment is for the use of weapons/devices already in the state park system.

local governments:

The state has rules that coincide with the Utah Code citations stated. It does not include local government, therefore, there is no anticipated cost or savings to local government.

small businesses and persons other than businesses:

No cost or savings is anticipated for small businesses and persons other than businesses as this rule is already in effect and is being updated regarding weapons in the state park system.

Compliance costs for affected persons:

If a person violates this rule, they could be cited in accordance with the Utah Code.

Comments by the department head on the fiscal impact the rule may have on businesses:

The Department finds no fiscal impact on businesses. Michael Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Parks and Recreation
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154

Direct questions regarding this rule to:

Dee Guess at the above address, by phone at 801-538-7320, by FAX at 801-537-3144, or by Internet E-mail at deeguess@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/03/2008

This rule may become effective on:

03/10/2008

Authorized by:

Bruce Hamilton, Deputy Director (Operations)

R651. Natural Resources, Parks and Recreation.

R651-612. Firearms, Traps and Other Weapons.

R651-612-1. [Weapons Prohibited.]Unlawful Discharge of Weapons or Firearms.

[Possession or use of firearms]The discharge of weapons or firearms, including air and gas powered types, [traps ]and all other devices capable of launching a projectile which could immobilize, injure, or kill any person or animal or damage property are prohibited in the park system unless:

(1) The weapon or device is being used for the legal pursuit of wildlife as per R651-614.

(2) The use of the weapon or device is authorized by a Special Use Permit or an authorized event as per R651-608.

[(1) The weapon or device is unloaded and cased or otherwise packed away to prevent its use in the park area.

(2)](3) The weapon or device is [being ]used [for the legal pursuit of wildlife, see R651-614, or ]in accordance with UCA 53-5-701 Concealed Weapons Act, or UCA 76-2-402, 76-2-403, or 76-2-405.

[(3)](4) The weapon or device is being used by authorized law enforcement officers in the performance of their official duties in accordance with UCA 76-2-204.

 

KEY: parks, firearms

Date of Enactment or Last Substantive Amendment: [October 4, 1999]March 10, 2008

Notice of Continuation: October 23, 2003

Authorizing, and Implemented or Interpreted Law: 63-11-17(2)(b)