Sitting Duck Policy

An LDS Church policy, and Utah State Law, put clergy and congregation members at risk.

The policy, read in the form of a letter from the First-Presidency from pulpits across the country, asks that all members leave personal-defense weapons (specifically “guns”) at home. That “sitting duck” policy effectively advertised to the public that LDS houses of worship are “safe-zones” in which criminals can easily carry out their illegal acts.

In Utah, the LDS church asked for legislation to exempt “houses of worship” from places persons with permits to carry concealed firearms for self-defense are allowed to carry. The State Legislature added a requirement to the law that churches who intended to make their properties “sitting duck zones” notify both the public and the Department of Public Safety. To date, the LDS church is the only church who has done so.

The failure of these types of policies was illustrated recently in Visalaia, California where a former member of the LDS church (sometimes referred to as the “Mormon” church) entered an LDS house of worship and killed a bishop simply for the fact that he was a leader in the church.

The Utah Law doesn’t apply to California houses of worship, but the LDS policy making all houses of worship “sitting duck” zones does. If the LDS church didn’t have this policy this criminal may have reconsidered carrying out his violent plans. If a law-abiding member of the congregation had been exercising his or her Second Amendment Right (perhaps the bishop himself), this member of the LDS clergy might still be with us today.

We call on the leadership of the LDS church to retract their “sitting duck policy” and notify the Utah DPS that they no longer prohibit law-abiding citizens from carrying tools for self-defense. Additionally, we ask that the LDS church suggest to all of its clergy that they take whatever actions they personally feel appropriate to ensure their own safety, as well as allow congregation members to provide for their own personal safety while in or around LDS houses or worship.

Video Courtesy of KSL.com

Christians and Jews have long been singled out by persons of other religions for ridicule and violence. Members of The Church of Jesus Christ of Latter-Day Saints even had an “extermination order” where members of the church (known as the Mormons) were ordered to be driven from the state of Missouri, or exterminated. This order was in place until it was rescinded in 1976, meaning killing a Latter-Day Saint in Missouri anytime before that was not only perfectly legal, but was authorized and ordered by the governor. Sounds grim, but it’s a sad fact recorded in history.

The Germans tried to exterminate the Jews. The Palestinians and Iranians are trying to pick up where Hitler left off in that regard.

The US Government wiped out the Branch Davidians

Most people don’t think about this when they don their Sunday best and head off to church (though Eric Shelton probably has a dress holster to carry his sidearm to church with him).

ChurchSecurityMember.com is a website advocating volunteer church security, and volunteer emergency medical response such that congregation members not only watch out for potential threats, but are trained in how to neutralize those threats, and deal with the immediate medical needs that might accompany such a situation.

Ironically, despite their long history of being persecuted and the Missouri Extermination Order against them, the Church of Jesus Christ of Latter-Day Saints is the only church which has openly prohibited firearms for self-defense in houses or worship in the state of Utah.

The Church of Jesus Christ of Latter-Day Saints, also known as Mormon’s, recently requested of the Utah State Legislature to be able to prohibit firearms from their Houses of Worship. This prohibition covers their Ward and Stake Houses (church buildings) and Temples (but does not cover parking lots of the same).

This is different that other private property owners who can post signs prohibiting firearms, but those signs have no legal backing; the private property owner is the sole party responsible for enforcing their policy. “Houses of Worship,” however, had to have the following law passed because most churches (the LDS church in particular) openly welcome the public (LDS church houses have a sign out front which states “Public Welcome” or “Visitors Welcome”). This muddied the law and made church houses quasi-public spaces, which apparently convey quasi-public rights. The LDS church is the only church organization that has completed the requirements of 76-10-530 to lawfully prohibit firearms in their Houses of Worship (effective February 9, 2008 – one month after a member was murdered in cold blood in an LDS church parking lot^{1, 2}).

According to Utah State Code as pulled from http://le.utah.gov/~code/TITLE76/htm/76_10_053000.htm on 01/27/2009:

76-10-530. Trespass with a firearm in a house of worship or private residence — Notice — Penalty.
     (1) A person, including a person licensed to carry a concealed firearm pursuant to Title 53, Chapter 5, Part 7, Concealed Weapon Act, after notice has been given as provided in Subsection (2) that firearms are prohibited, may not knowingly and intentionally:
     (a) transport a firearm into:
     (i) a house of worship; or
     (ii) a private residence; or
     (b) while in possession of a firearm, enter or remain in:
     (i) a house of worship; or
     (ii) a private residence.
     (2) Notice that firearms are prohibited may be given by:
     (a) personal communication to the actor by:
     (i) the church or organization operating the house of worship;
     (ii) the owner, lessee, or person with lawful right of possession of the private residence; or
     (iii) a person with authority to act for the person or entity in Subsections (2)(a)(i) and (ii);
     (b) posting of signs reasonably likely to come to the attention of persons entering the house of worship or private residence;
     (c) announcement, by a person with authority to act for the church or organization operating the house of worship, in a regular congregational meeting in the house of worship;
     (d) publication in a bulletin, newsletter, worship program, or similar document generally circulated or available to the members of the congregation regularly meeting in the house of worship; or
     (e) publication in a newspaper of general circulation in the county in which the house of worship is located or the church or organization operating the house of worship has its principal office in this state.
     (3) A church or organization operating a house of worship and giving notice that firearms are prohibited may:
     (a) revoke the notice, with or without supersedure, by giving further notice in any manner provided in Subsection (2); and
     (b) provide or allow exceptions to the prohibition as the church or organization considers advisable.
     (4) (a) (i) Within 30 days of giving or revoking any notice pursuant to Subsection (2)(c), (d), or (e), a church or organization operating a house of worship shall notify the division on a form and in a manner as the division shall prescribe.
     (ii) The division shall post on its website a list of the churches and organizations operating houses of worship who have given notice under Subsection (4)(a)(i).
     (b) Any notice given pursuant to Subsection (2)(c), (d), or (e) shall remain in effect until revoked or for a period of one year from the date the notice was originally given, whichever occurs first.
     (5) Nothing in this section permits an owner who has granted the lawful right of possession to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm in the residence.
     (6) A violation of this section is an infraction.