Posted on 08/01/2007 12:27:04 PM PDT by Domandred
Mayor Chaney says rash of shooting deaths has led the city to look into its ability to limit arms at public venues
MOSCOW - No guns have apparently been packed into city council meetings here or carried within city buildings or parks, officials said Tuesday.
Nonetheless, Mayor Nancy Chaney said she's asked for a legal opinion on whether the city has authority to prohibit both concealed and exposed weapons in public places.
"We don't want to tread on anyone's Second Amendment rights," Chaney said. "We want to find out what is within our legal prerogative."
City Supervisor Gary Riedner said City Attorney Randy Fife has been asked to seek the opinion from the office of the Idaho attorney general before any additional action is taken. As it stands now, Riedner said, everyone attending a city council meeting could bring an exposed rifle, shotgun or handgun.
"Unless there's authority to restrict it, under state law you can carry an exposed gun," Riedner said. Concealed weapons may also be carried as long as the carrier has a permit issued through the sheriff's office. Idaho also recognizes concealed weapons permits from other states.
Idaho, in fact, is one of the more liberal states when it comes to gun restrictions, said Latah County Prosecutor William Thompson Jr. While guns are prohibited by judicial order at the county courthouse here, Thompson said there are no such prohibitions on other county property. The discharge of a weapon on county property, however, is prohibited, Thompson said. Brandishing a weapon in a threatening manner, such as pointing it at someone, is illegal everywhere unless the act is in self- defense, he added.
District court judges, Thompson said, have authority to regulate what goes on within a courthouse and can prohibit weapons. Former District Court Judge John Bengtson declared the prohibition at the Latah County Courthouse.
Chaney said her concern on city property, in part, stems from the rash of shooting deaths in Latah County over the past five months. She said the May shooting at the courthouse, which resulted in three deaths - including a Moscow police officer - gave her pause about how vulnerable people are in public settings.
She also expressed concern about a trend in some circles to glorify weapons, to the point of armed citizens being encouraged to "swoop in to protect people" during confrontations that should be handled by police.
While firearms are prohibited in schools by state law, in federal buildings by federal law and in county courthouses by judicial order, the city has no obvious authority to invoke such protection, Riedner said.
Once a legal opinion is received from the state, said Chaney, the matter will make its way to members of the city council for eventual consideration of a resolution or ordinance banning or restricting firearms on city property.
My email to the mayor:
Dear Mayor Chaney,
May I suggest that Moscow put up Welcome signs at the main entrances. These signs could also have a map of Moscow showing the public areas where guns will not be allowed.
This will tell the law abiding citizens where they are not allowed to carry. This will also tell the criminals where they can expect to be able to rob people without any resistance. This way they can rob with or without guns because they will not be obeying any of the laws anyway.
The college campus that just had so many students and professors killed also proudly advertised that no guns were allowed on their campus. Funny, the killer didn’t obey that law either.
Chaney is still at it folks...
From the Moscow Pullman Daily News
Moscow isn’t going to ban guns in city-owned places any time soon, but the idea still is being considered.
State Rep. Shirley Ringo said proposed legislation that would allow cities to regulate firearms in public places won’t be ready to go before the Idaho Legislature in its coming session, which begins Jan. 7.
Ringo_ShirleyRingo said the plan would need strong backing before it’s ever discussed by legislators. Some of that backing may need to come from the Moscow City Council, and incoming council members have mixed feelings about the idea.
Mayor Nancy Chaney asked Ringo in late October for help in presenting legislation that would disallow firearms in places such as City Hall and public parks, pools and youth facilities. The legislation also could provide enforcement authority, strengthen concealed weapons permits requirements, provide for multi-jurisdictional record-keeping of firearm sales and encourage gun safety education.
In August, Chaney asked City Attorney Randy Fife to write to the Idaho attorney general’s office to determine whether the city had the authority to regulate firearms. Deputy Attorney General Stephen A. Bywater sent a reply in September stating the city cannot restrict people from legally carrying firearms.
Chaney then sent letters to Ringo, Rep. Tom Trail and state Sen. Gary Schroeder. Ringo responded, offering her help in drafting and presenting legislation.
Ringo said she’s happy to help the mayor, but getting the legislation ready to go before the Legislature won’t be easy.
“There’s no point in going down there with something that doesn’t have a chance,” she said.
Moscow’s City Council must first decide what direction it wants to go with the legislation, Ringo said.
The issue has been pending before Moscow’s Administrative Committee for several weeks, but has been delayed. Chaney was out of town when it was first scheduled to be discussed. Councilman Aaron Ament requested the most recent delay on Monday because he was ill and could not attend the Administrative Committee meeting.
The issue likely will be brought back to the Administrative Committee on Dec. 10.
Chaney said she has drafted a resolution to be considered by the City Council regarding the legislation. However, the discussion likely won’t reach the council until after three new members are seated in January.
Councilman-elect Dan Carscallen said he won’t support the legislation.
“I don’t think that it’s a problem, for one. I mean, I don’t think that making it illegal is going to stop somebody from doing something untoward,” he said. “If somebody’s going to cross that line, a law’s not going to stop it.”
Chaney said restricting guns in City Hall helps ensure open government by making sure no one at a public meeting is intimidated because someone with an opposing viewpoint is armed.
Carscallen said if armed intimidation is a concern, “then you’ve got bigger problems than just somebody packing a gun around.”
Councilman-elect Walter Steed said he’s willing to discuss the issue, but does not have enough information to take a position.
“I don’t know all of the circumstances that brought the mayor to the decision that she needed to make that request,” he said.
Steed said he doesn’t know why anyone would feel the need to bring a firearm into City Hall. He and Councilman-elect Wayne Krauss agreed that enforcing a ban on firearms in places such as City Hall would be incredibly difficult.
Krauss said the legislation wouldn’t stop someone intent on committing a crime from doing so.
“I don’t think this is creating the solution that the mayor wants to see happen,” he said. “If you’ve got some conflict-resolution problems that are going on, simply telling somebody that you can’t bring a weapon in City Hall is not going to solve that problem.”
Councilman Tom Lamar, who was appointed to the council in June and elected in November, said it makes sense to look at the legislation.
“It certainly makes sense to consider not having firearms in those areas for obvious reasons,” he said. “Guns aren’t really going to be needed in the City Hall. Guns aren’t going to be needed in the Eggan Youth Center. Guns aren’t needed in the Hamilton Recreation Center.”
Lamar said having the state Legislature look at the issue also will help clarify what powers entities such as cities and counties have in regard to regulating firearms.
Chaney said people are justifiably protective of their rights when discussing this issue.
“The objective is not to trounce on people’s constitutional rights, but rather to provide for people’s safety as best as we can, as best we are authorized to do by law,” she said.
Chaney said she is just asking Ringo and the other legislators to consider carrying legislation forward. If the final answer is no, “then that’s what we deal with at that point.”
Ringo said she personally would prefer that people not be allowed to carry firearms to public meetings.
The legislation likely would have “even odds” if it had the support of the Idaho Association of Cities and the Idaho Police Chiefs Association, Ringo said. It would take a lot of work for even that because the issue is so sensitive.
“The thing that we have to realize is that Idaho is maybe stronger than many states in terms of people wanting to protect their rights to have guns,” she said. “It wouldn’t be a given to get it done.”
Thanks for the heads up
If petty tyrants attempt to strip their "subjects" of their Natural Rights, then maybe City Hall is EXACTLY where some of those personally owned firearms NEED to be.
Battle of Athens...
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