View Single Post
Old January 14, 2012, 08:34 PM   #20
Don H
Senior Member
Join Date: May 8, 2000
Location: SLC,Utah
Posts: 2,704
Parker was convicted under the federal Assimilative Crimes Act of a violation of Utah code 76-10-505. However, Utah code 53-5-704 states:
(c) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not apply to a person issued a permit under Subsection (1)(a).
If Parker, the person in thallub's link, had a CCW permit, then the law would not have been applicable because he would then be an "authorized person". Indeed, if the firearm had been unloaded he would not have been in violation of 76-10-505.

This conviction seems to confirm that there is no applicable federal law to charge a civilian with a crime for possessing a firearm on a military base, otherwise it seems logical that he would have been charged with a federal crime rather than being convicted in a federal court of a federal charge of violating a state law.

If Parker had a CCW permit or if the handgun had been unloaded and UCA 76-10-505 then was not applicable, of what crime would he then have been charged?
Don H is offline  
Page generated in 0.05022 seconds with 7 queries