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Ban in Herculaneum City Parks

Griz

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The Jefferson County Leader ran a story about new rules in Herculaneum city parks, one of which bans firearms.

Tomorrow I will shoot them an email. As this is my first one, can I have some input, please?

Gentlemen:

Regarding recent rules being put forth at the city parks of Herculaneum, it would seem a significant state law has been overlooked. Missouri revised statute 21.750 deals specifically with the preemption of any laws regarding firearms.

http://www.moga.mo.gov/mostatutes/stathtml/02100007501.html

New park laws, as have been publicized in the Jefferson County leader, prohibiting lawfully armed citizens from the means to protect themselves, may well lead to litigation the city can ill afford.

As a concerned resident of Jefferson County, I recommend contacting the city’s attorney prior to enacting these illegal rules regarding the prohibition of firearms in city parks.

I look forward to your response.


you name here
 

Griz

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Better hope there are no feminists among them.Strike being unless it has not yet been done. It would seem is passive voice. Always use active voice, "A significant state law..."Needed? You already cited the statute, maybe ensure it is a proper citation by Missouri standards.The Jefferson County Leader has published new park laws prohibiting lawfully armed citizens self protection, and that may lead to litigation that the city cannot afford.Resident or citizen? ... illegal rules prohibiting firearms in city parks.HTH

Thank you. I've made your recommended changes. I specifically chose the term based upon the council membership gender. Unless there is a "Pat" hiding in there, they are all typical male spellings. Upon further consideration, I've tailored the greetings to the individuals office title. Was trying to send only one email. Less margin for error.

Any further errors shouldn't have too significant an impact. Even if only 30 miles outside the city proper, we are considered backwoods.

It has been sent to the mayor, city administrator, and all of the alderman.
 

davidmcbeth

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I would recommend hangin a hat on the person(s) who decided to ban OC. Mention them in your article, maybe something like:

"These people hate America: ....."
 

Griz

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After emailing the mayor and a few alderman, the issue will be addressed at the next meeting. There is already a ban for discharging firearms within city limits and it was supposed to be the same for the parks unless you had a permit (boy scouts do their shooting skills there). To me, it looks like their lawyer wrote up what he thought they wanted and nobody proof read the final draft.
 
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OC for ME

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Lawyers don't write up new ordinances, he is tasked to write up new ordinances that should conform to state statute. If possible determine the anti that proposed this ordinance and then work to remove him from elected office. Public humiliation that is on point should also be employed.

RSMo 21.750. - Firearms legislation preemption by general assembly, exceptions--limitation on civil recovery against firearms or ammunitions manufacturers, when, exception.

3. (1) Except as provided in subdivision (2) of this subsection, nothing contained in this section shall prohibit any ordinance of any political subdivision which conforms exactly with any of the provisions of sections 571.010 to 571.070, with appropriate penalty provisions, or which regulates the open carrying of firearms readily capable of lethal use or the discharge of firearms within a jurisdiction, provided such ordinance complies with the provisions of section 252.243. No ordinance shall be construed to preclude the use of a firearm in the defense of person or property, subject to the provisions of chapter 563.
It is always prudent to cite the section of the statute that the offending ordinance violates.

The proposed ordinance is in clear violation of state statute.

http://www.ecode360.com/28732992?highlight=weapons,weapon#28732992
 

logunowner

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Griz, thank-you for standing for our rights. In my mind there is doubt they are wrong.


Sent from my iPhone using Tapatalk
 
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9026543

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There was a letter put out Sept 2, 2009 to the city of Festus by the AG concerning the carry of concealed firearms in city parks. Perhaps it would be good to have a copy sent along.
 

Jaysann22

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I suppose they can prohibit open carry but shouldn't MO State CCW law supersede any ordinances the city can try pushing on to park visitors?
 

9026543

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Can they prohibit open carry if one has a CCW permit? Any follow up on the city ban?
 
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OC for ME

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Section 210.010 Weapons — Concealed — Discharge of.

A. It shall be unlawful for any person within the City of Herculaneum, Missouri, to knowingly:
1. Carry concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or


D. Paragraphs (1), (8) and (10) of Subsection (A) of this Section shall not apply to any person who has a valid concealed carry endorsement issued pursuant to Sections 571.101 to 571.121, RSMo., or a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State.

http://www.ecode360.com/28732992
OC does not appear to be prohibited.
 

Jaysann22

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I really can't see how they can ban ALL carry. If one has a CCW permit, State law supersedes any ordinance they can throw at the public....
 

Griz

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I really can't see how they can ban ALL carry. If one has a CCW permit, State law supersedes any ordinance they can throw at the public....

The proposed updates were drafted prior to Missouri's Revised Statute changes that came into play this year. I've not driven by the parks in question to check, but neither have I read anything else concerning this in The Leader.
 
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