Open Carry

[David Nelson]

> From: [David Nelson]
> To: chris.burbank@slcgov.com, slcpd@slcgov.com
> Cc: uag@utah.gov, slcattorney@slcgov.com, terry.fritz@slcgov.com, kyle.jones@slcgov.com, scott.atkinson@slcgov.com, robert.linton@slcgov.com
> Subject: COMPLAINT: Salt Lake City Police Department Lt. Rusty Isakson
> Date: Sun, Jun 03, 2007, 04:58 PM
>
> June 3, 2007
>
> Chief Chris Burbank
> Salt Lake City Police Department
> 315 East 200 South
> Salt Lake City, Utah 84111-2106
>
> Re: COMPLAINT: Salt Lake City Police Department Lt. Rusty Isakson
>
> Dear Chief Burbank:
>
> This message is my complaint against Salt Lake City Police Department Lt. Rusty Isakson for his official on-duty actions with me on June 3 at about 10:30 a.m. near 450 South 200 East.
>
> As a co-founder of its parent corporation, I purchased an admission ticket and attended the gay Utah Pride Festival (a public-accommodation event which was produced wholly on public property). As the owner of the gay Stonewall Shooting Sports of Utah group, I'm also an advocate for the U.S. Constitutional Second Amendment right to keep and bear arms. This is well known and wouldn't surprise an average event patron.
>
> As a Utah Concealed Firearm Permit holder, I possessed and carried my firearm unconcealed, but holstered, at the event. I never unholstered it or displayed in a threatening way. In fact, my firearm was unloaded according to state laws (no chambered cartridge). I carefully reviewed the advance published event rules; they didn't prohibit my possession or unconcealed carrying.
>
> After I presented my ticket to a main-gate staffer and entered the event, security staffers and organizers met me and asked about my possession and unconcealed carrying. I answered their questions simply and truthfully, and told them that: 1) state laws and event rules didn't prohibit my possession and unconcealed carrying, 2) my possession and unconcealed carrying was legal according to state laws which govern CFP weapons whether concealed or unconcealed, and unloaded firearms, and 3) I was uncomfortable concealing my firearm voluntarily. As a Utahn with disabilities who uses a cane, my possession and unconcealed carrying is as much a visual deterrent of violence as it is a more responsive and reliable mode of carrying if I need it.
>
> The staffers and organizers didn't tell me I was in violation of any laws or rule, or that I was trespassing. They confirmed and knew I was a ticketed patron, but asked Lt. Isakson to detain and question me anyway. I answered his questions simply and truthfully, and told him that: 1) state laws and event rules didn't prohibit my possession and unconcealed carrying, 2) my possession and unconcealed carrying was legal according to state laws which govern CFP weapons whether concealed or unconcealed, and unloaded firearms, and 3) I was uncomfortable concealing my firearm.
>
> Isakson told me that: 1) the "premise" of state CFP laws requires a weapon to be concealed, 2) he was "concerned" that the public "might be threatened" by seeing my firearm, and 3) despite agreeing that I hadn't violated any laws, he'd enforce my ejection from the event for these reasons. I replied that state laws 63-98-102 and 76-10-500 among others prohibit and preempt "a local authority … [from enforcing] any ordinance, regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on either public or private property," Ignoring the laws, he opened SLCPD report 07-98871 and noted my CFP identifying information despite it being irrelevant and unnecessary for my possession and unconcealed carrying of an unloaded firearm. He told me that he'd send an unsolicited copy of his report to the Utah Bureau of Criminal Identification for their review, and that "one sure way to lose [my] permit is to abuse it like this." His implication seemed clear to me: He was intentionally jeopardizing my CFP. He then asked me "to leave" the event property. It was the first such request of me by anyone involved in the matter, and I left immediately.
>
> I believe that Isakson's actions were: 1) grossly and specifically violative of state laws 63-98-102 and 76-10-500, 2) generally mistaken of state CFP laws, and 3) generally negligent of the SLCPD Code of Ethics by which he'd "respect the constitutional rights of all." He was notably professional in every other respect.
>
> Chief Burbank, please reply to this message and answer these three questions:
>
> 1. Did Isakson violate the state laws 63-98-102 and 76-10-500?
>
> 2. Did Isakson mistake the state CFP laws as they relate to any requirement to conceal?
>
> 3. Did Isakson neglect the SLCPD Code of Ethics?
>
> Please also confirm to me that 1) all SLCPD law-enforcement officers know, understand and obey the state laws that refer specifically to the right to keep and bear arms, and preempt their authority when it "inhibits or restricts the possession or use of firearms" differently than state laws do.
>
> I request finally that Isakson's report be immediately and administratively resolved in my favor with copies delivered to BCI and me (considering the unusual circumstances of this matter, I request these copies be provided according to public-records laws and free of charge), and that he apologize to me for his wrong actions in at least as public a way as he committed them when he and his motorcycle subordinate detained and questioned me for about 30 minutes while many event staffers and other patrons watched. I believe you'll agree that such extraordinary actions aren't only illegal and wrong, but also require extraordinary responses.
>
> Thank you for your deliberate and prompt reply. Please contact me if you have comments or questions about this message with which I may help you.
>
> Respectfully,
>
> David Nelson
> Salt Lake City
>
> cc: Utah Attorney General Mark L. Shurtleff
>
> Salt Lake City Attorney Ed Rutan
>
> Operations Bureau Commander Assistant Chief Terry A. Fritz
>
> Special Operations Division Commander Capt. Kyle Jones
>
> Investigations Bureau Assistant Chief C. Scott Atkinson
>
> Internal Affairs Division Commander Capt. Robert Linton

[Udink]

COMPLAINT: Salt Lake City Police Department Lt. Rusty Isakson

Wow David, very nicely written letter. Please keep us informed of any response (or lack thereof) that you receive. It's too bad that you were singled out by the event security and the SLCPD officer, though I'll bet it's happened to others who have not had the wherewithal write such a well-articulated complaint. Hopefully this will result in more training and understanding of CFP-related laws by the police department.

[Jeff Johnson]

David...

You might want to bring this to the attention of Clark Aposhian, who is not only a member of our forum here, but if I recall is also on the board of BCI. He might be able to help straighten this out from the BCI side.

It was wrong of this law enforcement officer to do this to you.

One other thing. Not only is open carry legal in Utah, but with your CFP it is perfectly legal to carry it fully loaded. Only without a CFP must a person carry it unloaded.

[iampacking]

David, if you are not careful, you are going to dispel the idea that those of us who carry are just a bunch of mouth-breathing, knuckle-draggers. I concur with Udink, very well written.
Please keep us posted on the outcome. If what you were doing was violating the law, then there are a lot of us who must not understand the law.
Al

[Mr. Magnum]

Wow

Definitely keep us informed.

[David Nelson]

Paul Rolly might have misunderstood my conversation with him about the constitutional rights to assemble and bear arms ("The competing rights of packing a gun and peaceable assembly," The Salt Lake Tribune, June 10).

The rights aren't mutually exclusive. I meant to enjoy both at the Pride Festival. There was no "collision" of rights for me, and I don't know of such a collision for anyone there except those event organizers and Salt Lake City Police Department officers who admitted that I hadn't violated any laws or rules, but feared that others "might feel threatened" by my legal behavior.

There's no confusion about Utah weapons laws. Unconcealed possession of weapons is NOT illegal in most cases. Police Lt. Rusty Isakson (not Isaacson) agreed with this fact. I suspect most legislators do too, so there isn't much to clarify.

I didn't say that my permit lets me possess a firearm "virtually anywhere," but I do understand the times and places where I may do so. What failed to be described in this report is the fact that my firearm was unloaded according to Utah laws at the time.

Charles (not James) Hardy possessed his unconcealed firearm at the 2007 Legislature as did I. Both of us were, in fact, asked about them; he by a Utah Highway Patrol officer, me by a legislator. Once satisfied of the lawfulness of our firearms, no more questions were asked. That's how it should work.

Finally, I've never "packed," "toted," "flaunted," "strapped," "paraded" or "strutted" while in possession of my firearm. It's insulting to suggest that firearms owners do. While I believe Paul Rolly has the right to be so vainglorious with his liberties, I take mine more seriously.

> June 10, 2007
>
> The Salt Lake Tribune
>
> Rolly: The competing rights of packing a gun and peaceable assembly
>
> By Paul Rolly
>
> By trying to enforce a gay and lesbian group's First Amendment right to peaceably assemble, the Salt Lake City Police Department may have violated one person's Second Amendment right to keep and bear arms. At least that's what the gun-toter believes....
>
> [More] http://www.sltrib.com/opinion/ci_6102977

[Car Knocker]

David,

Have you received a response from Chief Burbank yet?

[David Nelson]

POLICE CHIEF APOLOGIZES ABOUT GUN EJECTION

Salt Lake Police Chief Chris Burbank apologized personally on July 17 to me for the actions of Lt. Rusty Isakson to eject me in June from the Utah Pride festival for possessing an unconcealed firearm. Burbank also commended my understanding of the applicable laws and pursuit of a reasonable resolution, and promised that more instruction about the laws would be required of all officers.

After being ejected, I filed a complaint with Burbank against Isakson for "violating state laws which prohibit 'a local authority … [from enforcing] any ordinance, regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on either public or private property.'"

Meanwhile, I filed a $25,000 claim against Salt Lake City Corp. about the matter in which I described Isakson's actions as "facially unlawful and tortious in their violation of my constitutional, civil and legal rights pursuant to the U.S. Constitution, the Utah Constitution and Utah laws 63-98-102 and 76-10-500, and willful misconduct of [Isakson's] professional duties and ethics."

[Car Knocker]

Thanks for the update, David.

[mcosman]

Maybe I am being nieve... but is it entirely necessary to file suit once you get a formal appology and promise to make the requisite changes?? I think that might be going to far and may create some ill will in that regard.

When people in my life make mistakes I am quick to forgive, as I am hoping others will be when I ineveitably make one myself.

[Car Knocker]

Meanwhile, I filed a $25,000 claim against Salt Lake City Corp

The choice of semantics leads me to believe that the suit was filed prior to receiving the apology.

[Jeff Johnson]

Maybe I am being nieve... but is it entirely necessary to file suit once you get a formal appology and promise to make the requisite changes?? I think that might be going to far and may create some ill will in that regard.
...

Meanwhile, I filed a $25,000 claim against Salt Lake City Corp

The choice of semantics leads me to believe that the suit was filed prior to receiving the apology.

I think that abuses of authority such as this one are most often motivated by a political philosophy that is hostile to Bill of Rights.

Without a certain amount of, shall we say, financial pain involved as a consequence of such an illegal abuse of power, I believe that the perpetrators of such abuses will have little inclination to truly change their behavior.

[Tarzan1888]

Without a certain amount of, shall we say, financial pain involved as a consequence of such an illegal abuse of power, I believe that the perpetrators of such abuses will have little inclination to truly change their behavior.

I concur completely. We need to hold government to a higher standard than we would our neighbor. When it comes to government, words are cheep.

[Hunter]

I think that abuses of authority such as this one are most often motivated by a political philosophy that is hostile to Bill of Rights.

Without a certain amount of, shall we say, financial pain involved as a consequence of such an illegal abuse of power, I believe that the perpetrators of such abuses will have little inclination to truly change their behavior.

That's assuming the person, or persons, involved in this case did it out of political motivation. Is it still the same if it was done out of a lack of understanding of the law(s)?

[Jeff Johnson]

Police hold a position of trust and power over us.
For a police officer to blatantly violate a Constitutional right is a serious thing.
I believe that it is reasonable to expect those who hold positions of power to understand the limits on that power and to respect and protect Constitutional rights.

Remember, if you get hauled into court and charged with an offense, claiming ignorance of the law will get you no sympathy whatsoever. You'll still pay the price.