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Cemetery shooting at flag event spurs calls for county rule or resolution

Daniels County Board of Commissioners · July 15, 2024
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Summary

A Memorial Day incident in which a pickup occupant fired a rifle near a cemetery flag ceremony prompted public comment, county deputy follow‑up and a call from a resident for a resolution banning firearm discharge in county cemeteries; deputies said legal application is fact‑dependent.

A member of the public described an incident at the county cemetery on Memorial Day where a person in a pickup fired a single shot and was observed with a rifle protruding from the vehicle window while people were gathered for a flag ceremony.

"I ended up calling the sheriff on that 'cuz it it was unsafe," the speaker said, recounting the moment the rifle appeared near people at the flagpole. A deputy visited the site and took notes; county staff reported the deputy was exploring possible citations but told the speaker that applying the public‑nuisance statute would depend on the number of people endangered and the specific circumstances. The speaker requested the board support a rule or a short resolution that would make discharging firearms in county cemeteries unlawful except for specified exemptions (peace officers, animal control, military honor guards, etc.), citing an example from another state.

Commissioners and staff discussed alternatives including better signage, time‑of‑day limits on discharging, nonlethal gopher control options (smoke, traps, PVC bait feeders), and involvement of the cemetery board in drafting rules. Deputies advised that if a similar incident occurred during a large gathering such as a funeral, the public‑nuisance statute might apply; in smaller gatherings a citation may be harder to sustain without additional evidence.

The board did not adopt a resolution at the meeting but asked the cemetery board and county staff to pursue possible rule language, better signage and outreach to reduce unsafe conduct at cemetery sites.