Monday, April 7, 2014

In support of Gun Rights

Utah generally has good gun laws. We do need to look at why someone living on campus at BYU can't have a gun in their apartment to defend themselves. Why can someone with a CFP carry a gun on to a UTA bus or train, but the driver can't?

Utah Constitution Article I, Section 6. [Right to bear arms.]
"The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the Legislature from defining the lawful use of arms. "

The Legislature has limited it so there is no "open carry" inside the property of a K-12 public school or college campus, without a CFP, so to carry a gun on to a public K-12 school or college campus, you need a concealed fire arms permit. The permit allows an individual to carry a firearm into public schools and college campuses.  The 1000 foot buffer was dropped in 2011.

 There is no reason the principal, custodians, or teachers can't obtain a concealed carry permit and carry a gun to protect themselves or their students.

Open carry doesn't allow a bullet in the chamber. If you want to carry a loaded gun with a bullet in the chamber, you need a concealed firearms permit.

You can not conceal carry without a permit. There are exceptions re: automobiles, backpacks, etc.

Allowing it so someone without a concealed firearm permit, CFP, can open carry, may be the only reason the Utah Legislature can require a CFP for someone hiding that they are carrying a firearm.

So unless you are planning on a State Constitutional Amendment, that person with the .45 colt strapped to their waist is going to stay, and I will fight support that right. 

I supported in 2011 and 2012 a law to protect those that Open Carry from charges of Disorderly Conduct. I spoke on the floor of the house to promote passage of the bill, quoting the Utah Constitution as to why the bill should pass, and mentioning that I knew one of those killed at Trolley Square. I voted against weakening the bill, and voted for passage, hoping there would be a way to make the bill better, or that it would improve what we have now. 

In 2014, a bill finally passed and was signed by the Governor.

Many people don't want to get rid of the CFP requirement.

The US Constitution Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

In 2012, I asked Legislative Research to verify that the current Utah Concealed Firearm Permit is constitutional under both the US and the Utah Constitution. They came back and said our CFP and Utah Constitution were OK, based on the last couple of SCOTUS rulings.

Utah is an open carry state, with very few exceptions. One is if you are going to hide that you are carrying a gun you need a background check. Many people I have spoken with, and there are exceptions, like our Utah concealed carry permit system. As someone torn on the issue, I included a question about constitutional carry on the questionnaire I sent out the beginning of  the 2012 session. Most residents in my area responded that they like the concealed carry permit for those that want to conceal that they are carrying. 

If the residents in my area want Utah laws not to require a CFP for those that want to conceal that they are carrying, I will then support it.