A "Sitting Duck Policy" is a rule made by some person or organization which effectively removes your ability to defend yourself while on (and/or in transit to/from) their property. We believe that full-disclosure will help you make a fully-informed decision in these situations — a decision that could possibly save your life. Would you like to know more?
by William Desy, CFE, CFS (reprinted with permission)
Criminals like easy targets. A nice new Motor home with out-of-State plates, some friendly retired folks on vacation, out of their normal environment, sounds like an easy target?
Have you ever considered what you would do if you were traveling in a remote, unpopulated, unfamiliar area and your vehicle broke down or you had a tire blow out? For some reason that new cell phone plan with excellent coverage has a dead zone exactly where you are now stranded? What if the wrong person stopped to help you? He or she may look innocent enough, and seem very nice and friendly, but could actually be a serious criminal predator, searching for stranded motorists in need of assistance. Is this an easy target and willing victim? No!
The tide has turned, and common everyday Americans in 38 States now have “Right to Carry” laws on their side, or they allow their legal residents to carry without the need for a permit.
That 72 year old grandmother no longer seems like an easy target, because she “might” have a Concealed Firearm in her purse. She is legally allowed to carry that firearm for personal protection due to the popularity of “Right to Carry” Laws across the Country, and she has received training in Firearm Safety, Gun Handling, and Use of Force Laws. “Right to Carry” legislation makes criminals think twice before they commit violent criminal acts. John R. Lott, Jr., author of More Guns, Less Crime: Understanding Crime and Gun Control Laws, reveals that States with the largest increases in gun ownership also have the largest decreases in violent crimes.
Thirty-eight states now have such laws—called “Shall-Issue” or “Right to Carry” laws. These laws allow adults the right to carry concealed handguns if they do not have a criminal record or a history of significant mental illness. Lott also points out that States with the most restrictive Gun Laws, such as California, New York, and Washington D.C., also have some of the highest violent crime rates in the Nation.
A personal safety strategy and the “Mindset” to implement it, is still the most critical element to an individual’s safety. Situational Awareness, Self Defense Courses, Personal Alarms, Pepper Sprays, and Electronic “Stun Guns” may all be viable options to enhance your safety strategy. Now you can add firearms to that list of personal protection devices in many States. What about those of us that do not live in “Right to Carry” States?
There is a simple solution. Both Utah and Florida will issue a Concealed Firearm Permit to Non-Residents. These Permits are valid in over half of the United States. This is a great benefit for all law-abiding residents, including Military Personnel, that are stationed out-of-State or frequently travel across Country.
If you travel to, or through thirty different States, these “Multi-State” CCW Permits are valid through Reciprocity Agreements or Recognition via State Laws. Because Utah and Florida are Shall Issue, “Right to Carry” States, you do not need to articulate a valid Reason, nor do you have to prove that you are valuable enough to need protection.
Your natural instinct for self-preservation and the desire for a viable means to defend yourself from a violent criminal attack are simply understood as the most basic of your human rights.
Any law-abiding citizen with a valid Utah CCW Permit, even a Non-Resident of Utah, may legally carry a Concealed Firearm in the following Twenty-nine States:
While some States have [formal] Reciprocal Agreements, others will honor out-of-State CCW Permits based on their own Concealed Firearms Laws.
The Utah Department of Public Safety – BCI (Bureau of Criminal Identification) oversees the application and issuance process for Utah Concealed Firearm Permits. They have done an excellent job of making the application process very simple and user friendly. Like most States, Utah requires that you submit an application and pass a thorough criminal background check.
You must attend an approved training course offered by a Utah Certified Concealed Firearms Instructor, usually four or more hours in length. The course covers basic firearm safety, weapon handling, concealment methods, firearms and use of force laws. Several Utah Certified Instructors in various States advertise their Multi-State CCW Courses on the Internet. You can also obtain a listing of all Certified Instructors in your area from the Utah BCI website at http://bci.utah.gov/CFP/insoutstate.pdf
Along with the self-explanatory one-page application, you submit one recent color passport quality photograph (2X2 inches), a photocopy of your valid Drivers License, one blue FBI “Applicant” fingerprint card, and then the application must be notarized. The State application fee is only $65.25 ($35.00 is for application and permit processing, $30.25 goes to the FBI for fingerprint processing). The Utah Concealed Firearm Permit is valid for five years. Renewal every five years is only $10.00. The entire application process can be handled through the mail. Unlike some other States, Utah Concealed Firearm Permit information is not a public record.
The cost of a Utah CCW Training Course can range anywhere from $50.00 to over $300.00, depending on the facility, location, and what the Instructor is providing. Some Utah Certified Instructors will provide everything you need from your application, taking your photograph, photocopying your Drivers License, taking your fingerprints, and providing a pre-addressed envelope for your application. Several courses currently offered in Southern California provide a Notary Public at the class to notarize your applications.
The total cost of obtaining a Utah CCW Permit is between $100.00 and $365.00 for the initial five-year permit. Thereafter, renewal is only $10.00 every five-years. There is no renewal class or re-qualification required, everything is handled through the mail, as long as you keep your address current with Utah BCI. The cost of obtaining a Utah “Multi-State” CCW Permit is not out of reach for the common resident. When compared to almost any other State it is understandable why so many people are interested in obtaining their Utah Concealed Firearm Permit.
Due to an increase in demand, the average processing time for Utah CCW Permit applications is approximately three to four months.
The Florida CCW application process is almost identical to Utah’s. The Flori
da Department of Agriculture and Consumer Services handle the application and processing of Florida Concealed Weapon Permits. With Florida you either qualify in an exempt category (Prior Law Enforcement Training, Military Training, Prior Firearms Experience, etc.) or you can attend any National Rifle Association or State Certified Firearms Course that includes weapon manipulation and live-fire range exercises. The main differences with Florida’s application process are that your fingerprints must be taken by a Law Enforcement Agency, and the cost of the permit is $117.00 for seven years. Florida renewals are $107.00 every seven-years. Although this is almost twice the cost of a Utah CCW Permit, it’s still only about $16.00 per year. How can you put a price on something that could one day save your life or the life of a loved one? Florida CCW Permits are not a public record.
To apply for a Florida Non-Resident Concealed Weapon Permit, complete Florida’s one-page application, send in one color photograph, one Florida fingerprint card (Completed by a Law Enforcement Agency), and have the application notarized. 60 to 90 days is the standard turn-around time for Florida CCW Permits, but they could take longer due to current demand.
A Florida CCW Permit will allow you to carry a concealed weapon in most of the same States as Utah, with the addition of Florida. With only Two State-issued Permits, you can legally carry a concealed firearm in 30 different States. This is great news for anyone that travels cross-country for business or leisure. An additional benefit of the Florida Permit is that Florida, like Utah, is constantly seeking Reciprocity with other States. Both Utah and Florida are likely to gain additional States of Recognition or Reciprocity as more and more States become “Right to Carry” or States with “Right to Carry” Laws make adjustments in their Permit issuance requirements, that allow Reciprocity with either Utah or Florida.
Although Utah and Florida Permits are recognized in many other States, California does not currently recognize either Permit at this time. Utah and Florida State Laws indicate that it is the responsibility of the individual Permit-Holder to comply with all local and federal laws when traveling to those States granting Reciprocity or Recognition.
A great source of information regarding State Firearms and CCW Laws is the Travelers Guide to the Firearms Laws of the Fifty States by J. Scott Kappas, Esq. available from www.gunlawguide.com. Another extremely valuable website that provides a great deal of useful information regarding Concealed Carry Permits in any of the 50 States is www.packing.org, where you will find a summary of each States statutes, current and pending Reciprocity Agreements, access to each States issuing Authority, and links to individual State websites that can help answer any of your more specific questions.
William Desy, CFE, CFS, is a State Licensed Private Investigator, Certified Fraud Examiner, Certified Fraud Specialist, Personal Security Consultant, and State Certified Firearms Instructor in California and Utah.
Mr. Desy is a NRA Law Enforcement Firearms Instructor and has been a Certified Firearms Instructor since 1992. For more information regarding Concealed Weapon Permit Courses, please contact Mr. Desy through his website www.CCWUSA.com
In a political move, Authorities in Nevada have decided that the Concealed Firearm Permits (CFP) issued by Utah and Florida “materially differ” from those issued by Nevada, and are thereby exempt from reciprocity.
In other words, as of July 1st, 2009 Nevada will no longer honor Utah and Florida CFPs.
The reasoning? Nevada permits are valid for a period of 5 years and require live-shooting proficiency as part of the requirements to be eligible for a Nevada CFP.
Utah does not require a live-shooting as a requirement for obtaining the permit, Nevada does.
Florida permits are good for 7 years, 2 more than Nevada’s 5.
Nevada, we feel, is picking at straws and shouldn’t worry about these two seemingly minor issues. Utah and Florida could offer “extensions” to their permit (similar to drivers license endorsements for commercial vehicles or motorcycles) that indicate the CFP holder has been “certified” in live ammunition or has “renewed” their permit at the 5 year mark. We’re afraid of what kind of can-of-worms this might open.
In the meantime, we at Sitting Duck Policy are advising our readers to unload and properly store their firearms before crossing the line into Nevada – or avoid Nevada altogether until they reverse their policy.
First the Utah Bureau of Criminal Identification (BCI or “the division”) was in violation of Utah Statute requiring that they “shall issue” a Concealed Firearm Permit as outlined in U.S.C 53-5-704(1)(a) “The division or its designated agent shall issue a permit to carry a concealed firearm for lawful self defense to an applicant who is 21 years of age or older within 60 days after receiving an application, unless during the 60-day period the division finds proof that the applicant is not of good character.”
The BCI has already proven and admitted that they’re beyond the 60-day statutory window, and are now past to 81 days because they are “too busy” and “short staffed”.
The State isn’t doing anything other than “increasing the staffing” of the BCI to address this issue, and questions about whether it’s acceptable to submit one’s State Taxes 3-weeks past the due date because a tax payer is “too busy” or “short staffed” have gone unanswered.
One individual that SittingDuckPolicy.com interviewed told us that both he and his wife took their training course and submitted their applications at the same time. When they didn’t receive their permits after 77 days (17 days longer than allowed by law) they were told on multiple occasions that the BCI “no longer performs complimentary application status checks”.
Finally they received information about one of their permits: a woman 50 miles away had received it! The address and date-of-birth were incorrect, but the name and picture matched this individual’s wife. The woman mailed the permit to this individual who then contacted the BCI: the errors were due, again, to being “too busy” and “short staffed”. He supplied the correct information and was assured a replacement permit would be mailed.
The replacement arrived, this time with the correct address but still with the incorrect date of birth. He hasn’t yet contacted the BCI regarding this second permit.
We have to wonder how a proper background check can be completed with an incorrect address AND an incorrect date of birth!
As of this writing he has not yet received his own permit, the calendar still ticking off day after day beyond the 60 allowed by law. The Utah BCI still refuses to check on the status of his permit.
If you are similarly situated, please let us know!
Also, you should contact Jason Chapman, Supervisor, Concealed Firearms (Bureau of Criminal Identification, Utah Department of Public Safety) at +1 (801) 965-4445 Monday – Thursday.
Insist he check on the status of your permit, and ask why it is acceptable for a State Agency to violate State Law, ask what laws it is permissible for you to violate because you’re “too busy” or “short staffed”.