This is the communication I had with Phillip Leiker at BCI regarding concealed carry in mental health facilities. I referenced the Utah code indicating that community mental health facilities are "secured" and therefore concealed carry is unlawful. My facility is the local mental health authority in the area and being a Medicaid provider has State contracts.
I've numbered the emails from beginning to end.
#1
-----Original Message-----
From: Phillip Leiker [mailto
[email protected]]
Sent: Monday, December 03, 2007 12:25 PM
To: Kevrin Johnson
Subject: Kevrin,
Kevrin,
only those mental locations that are secure, locked doors prevent entry
and are checked through a person or metal detecting devise.
Phil Leiker
Firearms Investigator
BCI
801-965-4485
#2
>>> "Kevrin Johnson" <kevrinj> 12/13/2007 1:47 PM >>>
Dear Phil Leiker,
I asked a question recently about whether it is lawful to carry
concealed with a permit in mental health facilities.
I was asking specifically about what is written on the BCI website
http://www.bci.utah.gov/CFP/CFLCarry.html which states (I have bolded
the statement to identify it.):
It is unlawful for a person with a firearm permit to carry a concealed
firearm in the following locations:
...
Any courthouse, churches if posted,
mental health facility or
correctional facility that may provide by rule that no firearm may be
transported, sold, given, or possessed upon the facility. At least one
notice shall be prominently displayed at each entrance to a secure area
in which a dangerous weapon, firearm, or explosive is restricted.
Your response below was that "only those mental locations that are
secure, locked doors prevent entry and are checked through a person or
metal detecting devise."
I work in a mental health facility and was curious about the statement
posted in a side hallway (not prominently displayed at any entrance)
referencing Utah Admin Code R523-1-19 which I found on this website
http://www.rules.utah.gov/publicat/code ... 01.htm#T17. (I have
bolded the sentence to identify it.)
R523-1-19. Prohibited Items and Devices on the Grounds of Public Mental
Health Facilities.
http://www.rules.utah.gov/publicat/code ... 23-001.htm
(1) Pursuant to the requirements of Subsection 62A-12-202 (9), and
Sections 76-10-523.5, 76-8-311.1, and 76-8-311.3,
all facilities owned
or operated by community mental health centers that have any contracts
with local mental health authority and/or the Utah State Division of
Substance Abuse and Mental Health are designated as secure areas.
Accordingly all weapons, contraband, controlled substances, implements of escape,
ammunition, explosives, spirituous or fermented liquors,
firearms, or any other devices that are normally considered to be
weapons are prohibited from entry into community mental health centers.
There shall be a prominent visual notice of secure area designation.
Law enforcement personnel are authorized to carry firearms while completing
official duties on the grounds of those facilities.
It appears then that my facility, being a community mental health
center, is considered "secured" and that the CCW permit does not allow
me to carry in this facility.
I just wanted to verify that this is or is not the case, that CCW
permits does not allow concealed carry in community mental health
centers because they are designated secure areas.
Thank you for your response to my question.
Sincerely,
Kevrin Johnson
#3
-----Original Message-----
From: Phillip LEIKER [mailto
[email protected]]
Sent: Thursday, December 13, 2007 2:56 PM
To: Kevrin Johnson
Subject: Re: CCW and mental health facilities
Kervrin,
if your facility is designated as a secure location and prohibits any
unauthorized items, then by law that would be a secured mental health
facility and a CCW permit would not protect you in carrying a firearm
there. If the location is defined as a secured facility by law, then it
would not have to posted as say private property, just like a police
station is a secure location and it is not posted. I hope that answers
your question.
Phil Leiker
Firearms Investigator
BCI
801-965-4485
