Home > Issues & Alerts > Legislative Alerts > DCFS Announces New Gun Control "Laws" (Alert for 10/29/05)

 

 

 

 

 

 

 

 


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DCFS Announces New Gun Control "Laws"
(Alert for 10/29/05)


Summary: Mayla W. Slack of "Child Protective Services" has, on official state letterhead, falsely declared gun control language from Senate Bill 36 (sponsored by former senator Paula Julander in the 2004 session) to be "law" and DCFS policy. Strangely, this bill never passed the legislature.  Gun control "laws" are already in place, however, to punish innocent gun owners and parents. Take action!

Topics:

1. The "Anonymous Informant" Strikes Again

2. The "Law" that Never Was

3. Why Pretend? DCFS "Rules" Are Worse

4. What You Can Do

 

1. The "Anonymous Informant" Strikes Again

In May 2004, the Norton family was harassed and intimidated by a "Child Protective Services" (CPS) employees operating under the Utah Division of Child and Family "Services" (DCFS). In the company of two West Jordan police officers, Mayla W. Slack of CPS requested to enter and the Nortons granted her entrance.
Note: Granting CPS agents permission to enter your home is NOT recommended by Accountability Utah.  Please see our Family Survival Information brochure.

Mr. Stacy Norton did tell the police to stay outside, which they agreed to as long as the door was kept open.  Once inside, Ms. Slack started rummaging through their fridge and cupboards, and asked personal questions, such as whether they planned to home school their children, and whether they had any firearms in the home.

And what were the Nortons told concerning their alleged crime that required such state intrusion? An anonymous informant had apparently and specifically claimed that, "loaded guns were spread all over [their] apartment and were readily accessible to [their] 2 year old."
Note: Mr. Norton did have a shotgun leaning in a corner, but as he pointed out to Ms. Slack, and the officers who could see it from the porch, it had a trigger lock on it.

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2. The "Law" that Never Was

Mr. Norton asked Ms. Slack for official laws and DCFS policy concerning firearms in the home. He received a letter and attachment in response from Ms. Slack.  In it, she stated:

"Attached is the information you requested regarding laws and DCFS policy re: firearms in the home. I hope you will find the information helpful and that it will assist you in assuring your child's safety in your home. If I can be of further assistance feel free to call me at 281-5098."

The attachment consisted of a copy of Senate Bill 36, sponsored by former senator Paula Julander in the 2004 session. SB 36 states the following:

(1) A person is guilty of a class B misdemeanor [punishable by up to 6 months in prison] if:
(a) notwithstanding Section 76-10-502 , the person keeps keeps a firearm that has ammunition in the chamber, cylinder, or magazine in a condition that the firearm can be discharged within a premise which is under the person's custody or control;
(b) the person knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the minor's parent, legal guardian, or property owner where the firearm is stored; and
(c) the minor obtains access to the firearm and by discharging it causes death or bodily injury to the minor or another person. (lines 34-41)

In other words, SB 36 would make it illegal for citizens to possess and store a firearm with ammunition in it (so that you can quickly defend yourself if attacked).  The only "affirmative defense" is to store your firearm where it is inaccessible and slow to retrieve: ie. locked up.
Note: The bill does not even provide an "affirmative defense" for ammunition that is stored separate from the firearm in a locked container. Also, law enforcement officers (including officers who are parents) are required to keep their weapons loaded and available. Regardless of plentiful statistics that average citizens are far more responsible AND ACCURATE than are police officers, gun control zealots appear to believe that citizens are not as capable of defending themselves and others.

Strangely, however, SB 36 never passed the legislature and was never enacted into state statute.  In other words, DCFS is harassing people based upon a idea (and a bad one at that) rather than the law.

SB 36 was not voted on by either the senate or the house. In fact, it was "held" (i.e. killed) by a senate committee. Only two senators on that committee voted in the minority to allow SB 36 to move on to the senate floor:

Why is DCFS fraudulently pretending to put forth as "law" a bill that was defeated in the state legislature? Perhaps Chris Buttars and Patrice Arent wield some awesome, unseen power outside the confines of the legislature?  It is well observed that DCFS collaborates with gun control advocates on this type of legislation.  Perhaps DCFS officials simply refuse to take no for an answer?

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3. Why Pretend? DCFS "Rules" Are Worse

Or perhaps this is another sign that state agencies and officials are out of control and immersed in a subculture of indecency and corruption. In addition to numerous abuses we have highlighted in the past, state agencies are now actually writing their own state statutes through what is termed "administrative rules".

"Administrative rules" are backed by the force of "law," and by legislators like Buttars and Arent, who reauthorize these rules into "statute" each legislative session. In our 2005 Legislative Performance Report, we highlighted House Bill 37, sponsored by representative David Ure and senator Howard Stephenson (the pretended taxpayer advocate), which reauthorized ALL of the "administrative rules" for every Utah state agency.

HB 37 passed the house without a public hearing (69-1-5), the senate (25-0-4), and was signed by governor Huntsman. Only one out of 104 legislators voted against HB 37.

Do you understand the significance of this? Each year, your legislators openly support such "administrative" evils as taxpayer-funded abortion, state-sponsored parental and child abuse, and numerous other immoral attacks on the innocent.

One such "administrative rule" that Ms. Slack could have more accurately cited is the definition of child "abuse" in R512-202-2(1)(b), which includes any household that has:

"...loaded weapons within the reach of the child..."

This language goes further than the failed HB 37.  Regardless of whether the firearm is loaded or unloaded, locked or unlocked, being worn by a concealed carry holder (other than the parent even) or lying on chair, if it is "within the reach of the child", it is "abuse" and the family is subject to the DCFS nightmare.

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4. What You Can Do

Below are five actions you can take to stem the tide of indecency and corruption in Utah:

1) Stop defending these officials. Their actions are inexcusable and by defending them, you enable them to commit injustice with impunity and you sink to their level. For more information, see our Issue in Focus: "How Citizens Enable Political Corruption".

2) Share our Legislative Performance Reports with your family, friends, and neighbors. Discuss the content and explore the practical and moral ramifications this type of legislation has on their lives.  (Also educate yourselves and those you care about what to do if a DCFS thug squad attempts to invade your home. See our Family Survival Information and Parental Rights Now! Action Packets)

3) Encourage everyone to vote all incumbents out of office in party conventions, primaries, and general elections. "When in doubt, vote the incumbent out." None of them are worthy of another term. Unfortunately, because of rampant citizen apathy and slothfulness, election fraud is far more likely. In addition to voting them all out, citizens must take back their election process. For more information, see the Voting/Elections section of our Issues & Alerts page.

4) Make opportunities to publicly and privately embarrass your officials for their actions. Stand up in meetings and boldly chastise them for voting for gun control, to abuse parental rights, to raise taxes, etc. Pass out fliers in their neighborhoods and at their events. Anything short of public humiliation and ridicule is, unfortunately, viewed as weakness by this crop of officials.

For assistance in understanding the mentality of these officials, read our Official-Speak Guide and explore our Citizen Training page.  Don't forget to bring video and recorders so that you can share their discomfort with us at info@accountabilityutah.org. We will do what we can to further expose them.

5) The next gun show in Salt Lake City is on November 5-6, 2005This really annoys your government.

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For additional information, see the Keep & Bear Arms and Parental Rights (Due Process) sections of our Issues & Alerts page.


Accountability Utah recipe: Take our information and opinion, research their information and opinion (if it is available), and then examine the law and draw your own conclusions.  If you have comments or suggestions, please email us at info@accountabilityutah.org.

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