Midvale City, Utah will hold a City Council meeting to discuss what to do about the Midvale City gun laws which are in, if enforced, would be violation of Utah State Law.
I would request that you pass this on and be in attendance if at all possible.
UPDATE: Good news! Midvale City has repealed their city ordinances that were contrary to Utah Uniform Firearm Law. Good job Midvale!
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 Flo
ri
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”.
This is probably the only location I’ve come across that has a Sitting Duck Policy where you have a high likelihood of actually seeing sitting ducks – migratory waterfowl, that is.
Brian Cardall (32) of Flagstaff, Arizona died on June 9, 2009 after he had what his wife called a “psychotic breakdown”. He was “acting crazy”, stripped off his clothing, and was “directing traffic” on Highway 59 near Hurricane, Utah totally nude.
His wife called 911, advised them of his bi-polar disorder and that his medication would not take affect for another 40 minutes.
Police arrived on-scene several minutes later and deployed a taser (twice) when he was uncooperative and failed to follow orders. He died shortly thereafter.
According to Amnesty International….more than 350 Americans in the past 8 years have died after being tased.
Now the audio recordings of both the 911 call and the officer’s digital recorder have been made available, you can listen to them below.
(Hat tip to Mike Dopp for finding and providing these.)
Strategic Tactical Group is offering 3 two-day courses to be held in Wendover, Utah on June 27th & 28th, 2009.
The first course is offered is a two day building clearing course. Cost for this class is $100/person with a $75 nonrefundable deposit. This course is designed for the individual homeowner wants to have the tactics and mindset be able to clear his/her home encase of an intruder. Day one consists of tactics taught in the “soft house” and the date you is split up into two portions. The first half of day one is live fire, where you will be shooting live rounds inside of the building and engaging multiple targets. The second portion of day two will consist of force-on-force training utilizing Simunitions (simulated ammunition fired from real firearms).
The tactical carbine course is taught based on the AR-15 weapon system. On day one topics covered will be nomenclature/statistics of the AR 15 malfunction clearing, equipment/optics, reloading drills and more. On day two it will involve how to clear building utilizing the AR-15. The building clearing portion will be done with no ammunition. Each student will be required to bring 300-400 rounds of ammunition, handgun with 150 rounds and appropriate safety gear. Cost for this course is $100 with a nonrefundable deposit of $75.
Precision Rifle is taught by military and a state certified sniper/designated marksman. In this course you will learn to shoot out to 1000 yards. Equipment for this course consists of rifle and preferably a minimum caliber of .243. Cost for this course is $320 with a $200 nonrefundable deposit.
Space is limited and filling up fast. Please call at 801-915-4118 or email at training@strategictacticalgroup.com for more info.
Chris Willden, Director of Training. Strategic Tactical Group LLC, www.strategictacticalgroup.com. Chris Willden is NRA Certified, a Utah CFP Instructor, an ASP Baton and O.C. Instructor, and a Glock and Bushmaster AR-15 Armorer.
SittingDuckPolicy.com respects Chris Willden as a competent and qualified firearms instructor, and we recommend the services of him and the company for which he is employed.
That said, neither Chris Willden nor Strategic Tactical Group, LLC are affiliated with SittingDuckPolicy.com; this article is informational only and is not a “paid” or “sponsored” article.
Video Courtesy of KSL.com
Around 1:30 AM on May 5th, 2009, residents of a Midvale, Utah apartment we victims of a home invasion.
Someone tried to gain entry into the apartment, but one of the occupants attempted to block the door. The occupant was stabbed in the hand, which allowed several invaders access into the apartment.
One of the invaders hit a female. Her boyfriend came to her defense, fighting one of the suspects, and getting a hold of the invader’s gun, fatally shooting him.
Shots were fired by other invaders, but no one in the apartment was injured (apart for the initial stabbing).
Approximately eight of the home invaders fled and are currently at large. The deceased home invader has not yet been identified but police hope that they are able to do so using his tattoo’s to aid in identification. He was found armed with two knives, a gun, and wearing latex gloves.
Motive for the invasion and attack is not known.
Video Courtesy of KSL.com
Video Courtesy of KSL.com
Utah’s H.B. 357 Substitute Firearms Amendments (Sandstrom, S.) was signed by the Governor on 03/30/2009.
This bill modifies provisions of the Utah Criminal Code related to firearms. It
In plain English, this bill says that after the effective date you can carry a loaded or unloaded firearm in a vehicle that you are driving, or in a vehicle with the consent of the person driving it, or on your “real property” (which is legal speak for your “land”).
You’ve always been able to do this in your home (or temporary residence, or camp), but now you can in your home, in your yard, at your office (if you own it), in your parking lot at work (if you own it), and in your vehicle.
Of course, I am not a lawyer, so before you trust my interpretation of the law, contact Representative Stephen Sandstrom or your gun-law attorney.
Lagoon Amusement Park in Farmington, Utah has long been a staple of summertime fun for residents of Utah and the surrounding states.
Lagoon’s “Code of Conduct” and “Guest Rules” prohibit weapons (specifically “Firearms, knives, and other weapons as determined by Lagoon”) while at the park.
Ironically, kissing your sweetheart is also prohibited.
Dick Andrew – Executive Vice President of Marketing
Phone: (801) 451-8060
Fax: (801) 451-8016
Email: randrew@lagoonpark.com
From http://www.lagoonpark.com/policy_conduct.php, as referenced on January 28th, 2009 (emphasis added):
As a participant on Lagoon’s rides, slides and attractions, you shall at a minimum:
- Obey the safety rules posted and the verbal instructions given.
- Refrain from acting in any manner that may cause or contribute to injury to yourself or others.
- Not participate on a ride, slide, or attraction unless you determine that you have sufficient knowledge and understanding of the ride, slide, or attraction, the posted signs and verbal instructions, and have the physical and mental ability and health to enjoy without injury.
- Not participate on a ride, slide, or attraction if your abilities or capacities are unduly influenced by alcohol, drugs, or medication.
- Wait for permission from the attendant before you board a ride, slide, or attraction.
- Be respectful of other guests in queue lines. Prohibited practices include line jumping, re-entering a queue line, or saving a place for someone else.
- Not smoke on the Park except in designated areas.
- Wear shirt and shoes at all times except when in Lagoon A Beach.
- Be responsible for youths or minors who accompany you to the Park .
- Report any injury or illness immediately to the First Aid Station near the Main Entrance.
- Be aware that for security purposes and quality assurance, certain areas of the Park are monitored and/or under surveillance using audio and visual equipment.
- Agree that you and all guests are subject to search. Firearms, knives, and other weapons as determined by Lagoon are prohibited.
From http://www.lagoonpark.com/policy_conduct.php, as referenced on January 28th, 2009 (emphasis added):
In order to provide an acceptable family environment for all guests of Lagoon, rules of conduct have been established. Violation of the following rules may result in corrective action, ejection from the Park, and in certain situations, legal prosecution.
- Violation of any ride or attraction safety rule or the commission of an unsafe act is prohibited.
- Disruptive activities will not be tolerated, including, without limitation:
- Interference with normal Park operations.
- Causing unnecessary inconvenience or annoyance of Park guests.
- Disrupting the normal course of any show or performance with excessive noise or activity.
- Line jumping or disruptive activity in any ride or attraction queue line, including cutting in front of guests already in line, leaving line and attempting to re-enter at the same point, or saving a place in line for another guest.
- The following actions or activities are prohibited without exception:
- Use of portable radios, boom boxes, disc or tape players.
- Use of skateboards, bicycles, scooters, wheeled shoes, or in-line skates.
- Possession of firearms, knives, chains, or weapons of any type.
- Trespass, including illegal entry, climbing fences, or entry into restricted or behind the scenes areas.
- Willful destruction or defacing of Park property.
- Solicitation of any kind.
- The resale of tickets.
- Mistreatment or harassment of domestic or wild animals.
- Shirts and shoes must be worn at all times, except when in Lagoon A Beach.
- Any activity or appearance that may be offensive to Park guests is prohibited, including without limitation:
- The wearing of offensive clothing and/or clothing that signifies membership in a potentially disruptive group.
- Kissing or other sexual activity.
- Intoxication and/or drug use.
- By law and for the comfort of all Park guests and employees, smoking is permitted only in designated smoking areas. Smoking is not permitted inside any building, restroom, picnic terrace, ride queue line, or on Park midways, Kiddieland, and Lagoon A Beach. For the convenience of guests who smoke, smoking is permitted in the parking lot and ‘Sit & Smoke Stations’ conveniently located throughout the Park.
- At the discretion of Lagoon, pets may be permitted on the Park. Pets must receive proper care, must be leashed at all times, and may not be left unattended. Animals will not be permitted to be tethered to Park fencing, ride queues, or to board rides. Rides are not designed to accomodate [sic] animals. Pets will not be admitted to Lagoon A Beach. Due to health and safety concerns, service animals are discouraged within the confines of Lagoon A Beach, and if permitted, must remain a minimum of 10 feet from the water. Pet owners are responsible for the clean up of their animal’s waste.
- No glass bottles or containers, including alcoholic beverages, are allowed in the Park, except in designated picnic areas. Alcoholic beverages are not allowed in Lagoon A Beach.
- Games have daily and seasonal limits on the number of prizes that can be won by a single guest. Details are available at each game.
- Lagoon assumes no responsibility for a guest’s personal property whether in a picnic area or elsewhere on the Park.
- Vehicles parked in such a way as to be a safety hazard or which impede normal flow of traffic or in restricted areas are subject to being towed at the owner’s expense.
- All guests are subject to search.
LAGOON EXPRESSLY RESERVES THE RIGHT, AT ITS SOLE AND ABSOLUTE DISCRETION, TO TAKE WHATEVER ACTION IT DEEMS, NECESSARY TO CORRECT ANY SITUATION IN VIOLATION OF THE ABOVE RULES OR THAT REPRESENTS A THREAT TO OR BREACH OF SAFETY, SECURITY, NORMAL PARK OPERATION, OR THE ENJOYMENT OF THE GUESTS OF LAGOON.