Missoula OC'r Detained by Police

[slapmonkay]

Slapmonkey, perhaps you are correct and I was wrong. If so, I do apologize.

However, I assume that rules are enforceable, otherwise why have them in the first place?

By your reasoning you could also build a bonfire, shoot off fireworks, and camp overnight.

If you did search the Missoula Codes and found nothing (and I do believe you), then that would explain why the OCer wasn't arrested or cited.

Maybe their BS rule is intended to discourage open carry - a way for anti-gunners to throw their weight around without going through the City Council.

One could contact the City Clerk office at 406-552-6079 for a definitive answer.

AUGustin

Well some of the things are codified. Such that you can't have a fire/bonfire or cut down trees (MMC 12.40.030), No alcohol in the parks (MMC 12.40.040), Prohibited Conduct Skate park (MMC 12.40.070). However, firearms are not listed in any park MMC, or in the Prohibited Conduct MMC. Someone may have went a little overboard when making the signs, or they setup an administrative rule/policy. At this point, since there is no code to backup the line item on the sign, I think its just a rule and you can't get cited/arrested for it unless they perhaps trespass the individual or find some other way. In any case, it wouldn't be a firearm charge.

Excerpt from MMC 12.40.070:

In addition to the prohibitions set forth herein, the city park board or city parks and recreation department director may establish administrative operating rules and policies applicable to any city skatepark similar to what they may do with respect to any park, open space or recreational facility.

 

[OC for ME]

So a person in Montana gets a "license" just by doing nothing ?

If you discount the fortitude it takes to survive a Montana winter. Yes, Montana citizens must do absolutely nothing, other than not do something that violates the law and thus they then become prohibited. But, that would be doing something and not doing nothing.

Simplicity itself......see?

 

[JoeSparky]

So a person in Montana gets a "license" just by doing nothing ?

Nope, they get the "license" by NOT being a criminal and being able to LAWFULLY purchase/possess a firearm! Also, as a result of ELECTING some folks to State level offices who seem to understand the Constitution of the US and of Montana!

Certainly, MUCH more than "doing nothing"!

 

[Ca Patriot]

Nope, they get the "license" by NOT being a criminal and being able to LAWFULLY purchase/possess a firearm! Also, as a result of ELECTING some folks to State level offices who seem to understand the Constitution of the US and of Montana!

Certainly, MUCH more than "doing nothing"!

Not being a criminal means you did nothing. Being able to purchase a fiream means you did nothing. Even people who didnt vote have the right.

 

[JoeSparky]

Not being a criminal means you did nothing. Being able to purchase a fiream means you did nothing. Even people who didnt vote have the right.

Going to disagree again, hopefully in a NON- DISAGREEABLE manner...

Not being a criminal means that you have OBEYED the law, not nothing, Being able to legally purchase a firearm means NOT a criminal or you OBEYED the law. Actually voted means you have actively participated in our form of government, as for those that don't avail themselves of this right.... at least they didn't vote AGAINST US!:lol:

Oh, BTW, your sarcasm has been noted.

 

[Ninelivez]

Slapmonkey, perhaps you are correct and I was wrong. If so, I do apologize.

However, I assume that rules are enforceable, otherwise why have them in the first place?

By your reasoning you could also build a bonfire, shoot off fireworks, and camp overnight.

If you did search the Missoula Codes and found nothing (and I do believe you), then that would explain why the OCer wasn't arrested or cited.

Maybe their BS rule is intended to discourage open carry - a way for anti-gunners to throw their weight around without going through the City Council.

One could contact the City Clerk office at 406-552-6079 for a definitive answer.

AUGustin

"However, I assume that rules are enforceable, otherwise why have them in the first place?"

Rules can also be a request. If a store posts a no firearms signs, in Montana it is only a request, if you bring a gun in you can not be charged with anything. If they ask you to leave because you have a gun and don't and the cops are called, the most you can be charged with is trespassing not a gun crime.