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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.
Back to Topics
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?
Back to Topics
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.
Back to Topics
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, 2005.
This really annoys your government.
Back to Topics
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.
Copying Permission: Permission to reprint
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is cited. Citizens are encouraged to share this
information with others.
Warning! If you are under 18 and/or
have not yet overcome your government education, YOU are probably
too ignorant to understand this politically explicit
information.
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