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Utah Legislative Update (#1) (1200 words)

2400 Views 6 Replies 7 Participants Last post by  Cinhil
Sorry i've been away, forgot my pass word and which e-mail i used.
Friends of the Gun,

As promised I have complied a list and explanation of some bills that will touch on Firearms that will appear on the hill this year in Utah.
I will break these up into categories. The Good The Bad and the Ugly.

At the time of this writing some of these bills have not been filed and or have not been given bill numbers. It is possible that some of theses un-filed bills may not make it this session. The reason for this is different with each sponsor. If they remain un-filed it is frustrating and disappointing but it is one of the conditions of a part time legislature.

The Good:
1. Car Carry- No Bill number at this time â€" Rep. Carl Wimmer
This legislation would allow a person without a CCW permit to carry a firearm in any area of their vehicle concealed or not and it may be loaded or unloaded. It would, to some effect, allow your vehicle to be treated like your residence. This condition is allowed in most states surrounding Utah. Some of the changes from last year are that the firearm possessor must notify LEO of the presence of a firearm in the vehicle if stopped. There are some modifications that I will not speak of at this time.

2. Parking Lot Carry â€" No Bill number at this time â€" Sen. Mark Madsen
This legislation would recognize your vehicle as private property wherever it is parked and without respect to rules or policies of an employer or controller of a parking area. It would not allow an employer to promulgate or enforce any punitive measures against a person or employee maintain an otherwise lawfully carried firearm in their vehicle. There are some modifications that I will not speak of at this time.
3. Concealed Weapons Fees Amendments H.B. 39 â€" Rep Oda, Curt.

This legislation is something myself, Brian Judy of the NRA-ILA and Curt Oda have been working on for a few years now.
This legislation allows the money collected from permit fees to remain in an account dedicated to the Bureau of Criminal Identification.
In short BCI CCW division has been operating from an appropriation from the general fund, which must be funneled down to Department of Public safety, then to BCI and then to the CCW division within. Due in part to the overwhelming popularity of Utah’s CCW permit by non residents the workload has increased significantly to BCI CCW division. This has not been met with an appropriate increase in staff or resources to handle this increase.

The language in the bill currently will require some amendments to better specify exactly where and how the money collected shall be used.

4. Bus Passenger Safety Act Amendments H.B. 354 â€" Rep. Mark Walker

This is a bill that I recommended to alleviate the inconsistency and unintended prohibition of any person to carry a firearm for lawful purposes into a Bus Station Terminal. The code specifically disallows people to board a bus with a firearm, but gives an exception to LEO, Armed Security Guards and CCW holders. In similar language it restricts possession of firearms in bus terminals to “any person” but neglects to allow Leo’s, armed security guards and CCW holders. This bill would allow for possession of firearms in the same manner and under the same conditions as that allowed boarding a bus.

5. Innkeeper's Rights Act Modifications â€" H.B. 354 -- Rep. Mark Walker

This is a bill that I recommended. This bill removes the blanket ability for an innkeeper to refuse or deny accommodations, facilities, or privileges of a lodging establishment to any person who is in possession of an otherwise lawful firearm. If passed it would only allow an innkeeper to restrict based upon the unlawful possession or use of firearms.

6. “Firearm to Weapon Change” I have just asked Rep Kerry Gibson to abandon a bill I requested that would have replaces “Concealed Firearm Permit” with “Concealed Weapon Permit”. After speaking with Legislative Research it was determined that this change was much more encompassing than I had first imagined.

I will however prepare it for interim committee as I feel that the distinction is important.

The Bad:

7. Higher Education - Concealed Firearms Restrictions â€" No Bill number at this time - Sen. Greg Bell
This is the first and worst of the bad bills. I have good information that this bill, whose language is not out at the time of this writing, will allow limited rulemaking authority dealing with Dorms, faculty and staff offices at the entities of Higher Education.

In short it would allow Higher Ed to have 2 types of dorms, gun friendly or guns banned. At the very least it would require that residents in possession of firearms lock their firearms in University provided, in-dorm room, gun lockers.

8. Rumor - It has been rumored that Representative Christine Johnson will be proffering a bill that restricts Utah CCW permits to residents. Whereas I assume her stated reason for this is because of the perceived under-funded burden to BCI by non-residents. It most likely has more to do with causing Utah’s permit value to be mitigated among the states that currently recognize us.

9. Rumor- It had been rumored, as far back as a year ago that the retailers / manufactures association would run a bill that would affirmatively and aggressively oppose the effects of any “Parking Lot” legislation. At this time we haven’t seen it and it remains a rumor.
I am carefully watching other bill titles for which language has not been released. Theses may or may not impact firearm issues.

The Ugly:

The following are from Charles hardy of GO-Utah

10. HB 28 is a large and complex bill that deals with "dating violence". It creates a new type of protective order similar to a standard "domestic violence" protective order, but applying to someone you’ve merely dated.

Clark Aposhian comments; I realize the problem that this legislation is attempting to help, However I do not like that this bill effectively erases RKBA as a result of the lack of Due Process which is a condition of Ex Parte hearings. For me to be OK with this bill it needs some amendments.

11. HB 70 Paul Ray Assault on a Peace Officer - Penalty Amendment

Clark Aposhian comments; I do not like that this bill singles out 1 group of citizens as more deserving of a protection from assault than others. Perhaps if they enhanced the 2nd assault conviction upon anyone making it a felony I would have more respect for the effort.

12. Looks like Senate Minority Whip Gene Davis has a bill file on felony enhancements for animal cruelty. No Bill number or language yet.
You'll recall a similarly titled bill was introduced in the House a couple of years ago and we had to oppose it because cruelty was so broadly defined that a LOT of minor activities would
have resulted in lifetime loss of RKBA. We worked with the House sponsor and he alleviated our concerns.

But with a Democrat drafting a new bill, I'm concerned again. I've left a
message for Sen. Davis offering to work with him to make sure our concerns
are addressed. But put this one on your radar.

Permission to forward or distribute this notice is granted provided that the entire notice is forwarded along with this permission.
Clark Aposhian
Utah Shooting Sports Council (USSC)
Utah Self-Defense Instructors’ Network (US-DIN)
Bureau of Criminal Identification CCW Review Board (BCI)

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Wow, that is amazing Clark! It is nice to get such an all-encompassing update in one post. Keeps me informed while preserving my time.
Nice to see you back. :D

Thanks for the info & please keep us posted.
Great information Clark! I too would like to express my gratitude for your update, and hope you will continue with them as things unfold. Please let us know if there is anything we can do to help things along.
Great to see you on the forum again as well.
I am getting burnt out these days with trying to keep strait all the stuff going on. I truely appreciate the update!
Thanks for your hard work, Clark!
And thanks for the update. Please let us know when there are bill numbers that we can refer to for letter writing and for keeping watch.
It is interesting to note that for all of the numbered bills which Clark has enumerated here, I too went through the bills on the Hill and had come to the same conclusions as he on which are good, bad or ugly. I have been speaking to family and friends & encouraging them to contact their representatives concerning those which are bad--or plain old ugly. It seems that some of these bills, at this time, may make it through & possibly have positive votes. As for HB 15 & HB 28 as well as the police assault bill, it appears that they may have support and could become law---this would be aggregious! Contact everyone you know and have them contact the hill and announce their displeasure with these poor bills, as well as contact your representatives too.
Again, I find it interesting that other than for unlisted bills, my research came to the same conclusions as Clark! Do all you can to protect & keep inviolate & secure your freedoms---Be Proactive and help defeat these bad bills! As for me, I guess I have to contact Gene Davis, who is my Senator & encourage him to drop his bill. A bill that would not have even been brought forward had I received sufficient support to be able to defeat him in our last election.
Even in defeat, though, I will still be active in government & continue to be a thorn in the side of legislators when it comes to defense of our rights.
Be ever vigilant in the defense of constitution & personal freedoms! Once lost they are almost impossible to be restored!
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