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Here's an update from GOUtah! on HB28, which is sailing through the legislature without a hiccough.

(Gun Owners of Utah)

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GOUtah! Alert #257 \u2013 23 January 2007

Today\u2019s Maxim of Liberty:

\u201cThe probability that we may fail in the struggle ought not deter us
from the support of a cause we believe to be just.\u201d

--Abraham Lincoln


If you do nothing else during the current legislative session, please
at least ask your State Senator to vote against HB 28. Details are
in the \u201cAction Item\u201d section below.

HB 28 is a large and complex bill that deals with \u201cdating violence\u201d.
It creates a new type of protective order similar to a standard
\u201cdomestic violence\u201d protective order, but applying to someone you\u2019ve
merely dated.

GOUtah! has found three hidden anti-gun items in this bill, two of
which were described in Alert #255 last week (available in the
\u201cAlerts\u201d section of our website at http://www.goutahorg.org). More
details are included in the pre-written letter below. Thanks, by the
way, to Mitch Vilos for pointing out the rabbit-hunting scenario.

HB 28 sailed through the House during the first day or two of the
session last week before we really had a chance to check it for anti-
gun content. It then went to the Senate, where it unanimously passed
the Senate Health and Human Services Committee today, which means
that it will go to the floor of the Senate soon. Sadly, even though
GOUtah! presented testimony before the Senate committee explaining
the anti-gun aspects of this bill, the committee passed it by a
unanimous vote. Ironically, even committee chairman Chris Buttars,
who expressed concerns about the bill\u2019s anti-gun content, voted in
favor of HB 28 without making any effort whatsoever to amend it in
the committee that he controls.

HB 28 therefore needs to be killed on the floor of the Senate.
Please go to the Action Item below and take action ASAP. Thanks.


Please phone, fax, or e-mail your own State Senator as soon as
possible. You may even phone him at home in the evening before 9:00
p.m. If you leave a phone message at his home or at the Senate
switchboard, you might say something like \u201cHB 28 is an anti-gun bill
and needs to be defeated. Please vote against it.\u201d If you send e-
mail, please include your main point in the \u201csubject\u201d header of your
message, such as \u201cPlease oppose anti-gun HB 28\u201d or \u201cHB 28 is an anti-
gun bill\u201d, then write your full message in the main body of your e-
mail. A fax sent to your Senator at the Capitol is very effective
(more so than e-mail). If you want to send an e-mail and then back
it up with a regular mailed letter, that\u2019s good too. We don\u2019t know
when the Senate might get to this bill, so immediate contact is a
priority. But an old-fashioned mailed letter is great if it gets
there in time (which is why it should be preceded by a more immediate
form of contact).

Use the pre-written letter below if you wish. Feel free to modify it.

To find the e-mail address or home phone number of your State
Senator, go to http://www.goutahorg.org and click on \u201cLegislative
Contacts\u201d in the upper left column. Then scroll down to \u201cUtah State
Senate\u201d. Here is the Capitol Hill phone, fax, and postal contact
info for your Senator:

Utah State Senate
W115 State Capitol Complex
Salt Lake City, UT 84114
Phone: (801)538-1035
Toll-free Phone: (800)613-0677
Fax for Republican senators: (801)326-1475
Fax for Democratic senators: (801)326-1476

That concludes GOUtah! Alert #257 \u2013 23 January 2007.
Copyright 2007 by GOUtah!. All rights reserved.


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Dear Senator _________________ :

As a politically active gun owner and a constituent of yours, I
encourage you to vote against HB 28, the anti-gun bill that creates a
"dating violence" type of protective order. This bill sailed through
the House at the very beginning of the session without being
scrutinized for anti-gun provisions, even though it includes at least
three of these.

For example, HB 28 contains no record-keeping language that would
require the Utah Bureau of Criminal Identification (BCI) to
distinguish between protective orders that include gun prohibitions
and those that don't. BCI personnel have already indicated that,
unless otherwise instructed by the Legislature, they'll simply lump
all protective orders together in the BCI database and treat all such
orders as being prohibitive of gun ownership, regardless of whether
they actually are. This will almost certainly result in the illegal
revocation of concealed-weapon permits and the illegal denial of gun
purchases in cases where a dating protective order contains no gun

Astonishingly, a careful reading of HB 28 indicates that a person
could have a "dating violence" protective order issued against him
that strips him of his gun rights merely because, while rabbit
hunting in a remote rural area, he shot a rabbit that was on the
other side of the road from where he was standing (a misdemeanor
violation of Section 76-10-508 of the Utah Code, ANY violation of
which is defined as "dating violence" in HB 28 and as such would be
sufficient grounds for a person -- a bitter ex-girlfriend, for
example -- to legally apply for a dating protective order).

Finally, a "dating violence" protective order that includes a
prohibition against gun ownership could be issued against a person on
a purely ex parte basis without his first being given a chance to
present his side of the story to the court.

While I'm not opposed to authorizing the issuance of dating
protective orders, I'm vehemently opposed to HB 28 because of these
Second-Amendment violations. Please let me know how you intend to
vote on HB 28. Thanks for taking time to consider my viewpoint.


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