Natural Resources, Parks and Recreation

Rule R651-612

Firearms, Traps and Other Weapons

Notice of Proposed Rule

(Repeal)

DAR File No.: 36229
Filed: 05/16/2012 04:18:28 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

A conversation with Representative Curt Oda and the Division of State Parks and Recreation's Assistant Attorney General Representative led to the examination of Rule R651-612. These conversations and examinations of this rule have illuminated error in establishing Rule R651-612 which governs the discharge of firearms within the State Park system.

Summary of the rule or change:

The legislature has reserved to itself the authority to determine where and under what circumstances firearms may be discharged, and the Division of Parks and Recreation is acting outside its legal authority by enforcing this rule. The discharge of firearms in state parks provisions as found in Section 76-10-508 are sufficient to protect visitor health and safety. Therefore, this rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Section 79-4-501

Anticipated cost or savings to:

the state budget:

There is no cost to the state budget because repealing this rule does not affect the budget. Section 76-10-508 remains the enforcing statute.

local governments:

There is no cost to local government because repealing this rule does not affect them in a budgetary sense. Section 76-10-508 remains the enforcing statute.

small businesses:

There is no cost to small businesses because repealing this rule does not affect them in a budgetary sense. Section 76-10-508 remains the enforcing statute.

persons other than small businesses, businesses, or local governmental entities:

There is no cost to persons other than small businesses, businesses or local government entities because repealing this rule does not affect them in a budgetary sense. Section 76-10-508 remains the enforcing statute.

Compliance costs for affected persons:

There are no compliance costs associated with the repeal of this rule. Section 76-10-508 remains the enforcing statute.

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

This rule change should have no impact on business.

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 RecreationRoom 116
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Tammy Wright at the above address, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@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:

07/16/2012

This rule may become effective on:

07/23/2012

Authorized by:

Fred Hayes, Acting Director

R651. Natural Resources, Parks and Recreation.

[R651-612. Firearms, Traps and Other Weapons.

R651-612-1. Unlawful Discharge of Weapons or Firearms.

The discharge of weapons or firearms, including air and gas powered types, 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.

(3) The weapon or device is used in accordance with UCA 53-5-701 Concealed Weapons Act, or UCA 76-2-402, 76-2-403, or 76-2-405.

(4) The weapon or device is being used by authorized law enforcement officers in the performance of their official duties in accordance with UCA 76-2-402.

 

KEY: parks, firearms

Date of Enactment or Last Substantive Amendment: March 10, 2008

Notice of Continuation: July 7, 2008

Authorizing, and Implemented or Interpreted Law: 79-4-501]