[Vision2020] discharging firearms

lfalen lfalen at turbonet.com
Mon Nov 8 10:08:59 PST 2010


Does this mean that if a guy is outside shooting at you, you are breaking the law if you shoot back in  self defence? If so the law needs amended.
Roger
-----Original message-----
From: Ron Force rforce2003 at yahoo.com
Date: Fri, 05 Nov 2010 17:00:20 -0700
To: Garrett Clevenger garrettmc at frontier.com, "vision2020_moscow.com" vision2020 at moscow.com
Subject: Re: [Vision2020] discharging firearms

> Moscow municipal ordinance doesn't allow you discharge firearms (with some 
> exceptions):
> 
> Sec. 3-3. Discharge of Weapons
> Prohibited.
> It shall be unlawful for any person,unless authorized pursuant to Idaho Code 
> Title 18, Chapter 33, to discharge firearms or weapons of any kind or 
> description within the City; this Code Section shall include hand guns, rifles, 
> pellet guns, air rifles, BB guns, sling shots, flippers, bows and arrows, and 
> other projectiles; providing, however, that this Code Section shall not apply to 
> law enforcement officers in the discharge of their duties.
> (Ord. 84-18, 8/20/84)
> 
> [What's a flipper? No one seems to know: 
> http://volokh.com/posts/1239655427.shtml]
> 
> You can Google Idaho Code Title 18, Chapter 33 to read through the voluminous 
> Idaho Law on the topic.
> 
> Here's the Idaho Constitution:
> Idaho - 1890
> 
> SECTION 11.  RIGHT TO KEEP AND BEAR ARMS. The people have the right to keep and 
> bear arms, which right shall not be abridged; but this provision shall not 
> prevent the passage of laws to govern the carrying of weapons concealed on the 
> person nor prevent passage of legislation providing minimum sentences for crimes 
> committed while in possession of a firearm, nor prevent the passage of 
> legislation providing penalties for the possession of firearms by a convicted 
> felon, nor prevent the passage of any legislation punishing the use of a 
> firearm.  No law shall impose licensure, registration or special taxation on the 
> ownership or possession of firearms or ammunition. Nor shall any law permit the 
> confiscation of firearms, except those actually used in the commission of a 
> felony. 
> 
> 
> Ron Force
> Moscow Idaho USA
> 
> 
> 
> 
> ________________________________
> From: Garrett Clevenger <garrettmc at frontier.com>
> To: vision2020_moscow.com <vision2020 at moscow.com>
> Sent: Fri, November 5, 2010 11:31:34 AM
> Subject: [Vision2020] discharging firearms- was Pres mans-up, Crabtree doesn't
> 
> Bob writes:
> 
> "But to complicate things, keep in mind that although the Constitution protects 
> the right to keep and bear arms, it says nothing about our rights to discharge 
> those arms."
> 
> 
> >From what my dictionary says, "to bear" means "to hold and use" which in the 
> >case of a firearm seems to me to mean to discharge.
> 
> If a law prevents someone from using their gun, how is that not 
> unconstitutional? (I'm playing the devil's advocate here)
> 
> I suppose that since there are laws that limit free speech, I suppose 
> interpretation of our constitutional amendments is very subjective.
> 
> gclev
> 
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