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Utah HB 49 passes out of Committee and on to House Floor

January 30th, 2012 Posted in Uncategorized Tags: , , , ,

Utah: Firearm Possession Protection Bill Now Goes to House Floor

Today, House Bill 49 passed in the state House Law Enforcement and Criminal Justice Committee by a vote of 10 to 3. Sponsored by state Representative Paul Ray (R-13), HB 49 would provide that, in the absence of threatening behavior, the otherwise lawful possession of a firearm, whether visible or concealed, does not constitute a violation of Disorderly Conduct.
Self-defense is a fundamental right, protected by the Utah Constitution and clearly provided for in state statute.  The carrying of firearms for self-defense in Utah is legal, either concealed with a Concealed Firearm Permit (CFP) or unconcealed without a permit – it is the choice of the individual HOW to carry.  This bill does not, in any way, change the laws governing carrying of firearms, nor does it make any changes to what behavior by law-abiding firearm owners is legal or illegal.
There is a problem in Utah where some jurisdictions are arresting people for open carry when it is clearly NOT prohibited in statute.  These jurisdictions have sought creative ways to harass law-abiding firearm owners who are legally carrying unconcealed firearms for self-defense.
This bill would remove one of the ploys (charging the person with Disorderly Conduct) being used by some jurisdictions in Utah to circumvent state law and the Utah Constitution in an attempt to go after these law-abiding firearm owners.
HB 49 will now go to the state House floor for a vote. Please contact your state Representative and respectfully request his or her support for HB 49. You can contact your state Representative by calling the House line at (801) 538-1029. To determine who your state Representative is, please click here.

I just sent this letter to the House Law Enforcement and Criminal Justice Committee asking for their support of HB49

January 30th, 2012 Posted in Activism Tags: , ,

I just wrote the following letter to the members of the House Law Enforcement and Criminal Justice Committee. Please feel free to use it, or any part of it you’d like when contacting our Legislators.

If you wish to voice your opinion, please do so quicky. It’s expected that this bill will be heard today, 1/30/2012 at 2pm.

To: coda@le.utah.gov, rgreenwood@le.utah.gov, parent@le.utah.gov, dbutterfield@le.utah.gov, cfrank@le.utah.gov, keithgrover@le.utah.gov, greghughes@le.utah.gov, dipson@le.utah.gov, dlitvack@le.utah.gov, dmccay@le.utah.gov, leeperry@le.utah.gov, jseelig@le.utah.gov, billwright@le.utah.gov

Subject: Please Support HB49, Firearm Possession Protection Bill

Dear Committee Members,

It’s unfortunate that people have worry about assaults of others carrying out unlawful and violent acts.

It’s unfortunate that Law Enforcement cannot prevent these terrible acts from happening. What’s more, courts have found that Police are not responsible to ensure the protection of The People.

What’s left is self-defense. A person not only should, but (given our current legal state and criminal climate) MUST provide for their own defense, and the defense of their family members.

Self-defense is a fundamental right and protected not only by the U.S. Constitution, but by the Utah Constitution as well. Furthermore, it’s clearly provided for in State statute.

It’s generally accepted that the best way to defend oneself or one’s family is by the lawful carry of a firearm — concealed or otherwise.

This lawful carry does not — and cannot by any logic — be considered a violation of Disorderly Conduct statutes. If simply carrying a sidearm on one’s hip was “Disorderly Conduct” all of our Police Officers would be in jail, would they not? But the Police are “the good guys” right? Statistics have shown (overwhelmingly) that those who choose to lawfully carry a firearm for self-defense are ALSO “the good guys”. Statistically speaking, the crime rates for those who choose to take on the added responsibility and liability of carrying a firearm for self-defense are SIGNIFICANTLY lower than that of the general populous.

Yet there is a problem in Utah that Law Enforcement in some jurisdictions are harassing and even ARRESTING people for openly carrying a sidearm —  when it is clearly NOT prohibited in statute.  These jurisdictions have sought creative ways to harass law-abiding firearm owners who are legally carrying unconcealed firearms for self-defense.

HB 49 bill would remove one of the ploys (charging the person with Disorderly Conduct) being used by some jurisdictions within Utah to circumvent State law and the Utah Constitution in an attempt to go after these law-abiding firearm owners.

Put simply, these jurisdictions are IGNORING YOU. They are ignoring the legislative process. They are violating the very Law they are sworn to uphold and defend — because of an ambiguity and someone’s misplaced definition of “Disorderly Conduct”.

HB 49 is your chance to tell these runaway Law Enforcement  jurisdictions that they are out of line and that the bills you pass are the Law — Law that, by definition they MUST enforce.

Please support HB 49 as it is written, and oppose any amendments or substitutions that would water down the fundamental Right of The People to defend themselves and their families.

With respect,

  • Joe Levi, SY08 Precinct Vice Chair & State Delegate