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UTAH 2021 LEGISLATIVE ACTION – RELEASE 7 – FINAL REPORT

Monday, March 15, 2021

Report Date – Monday, March 15, 2021

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Current Numbered Bills

NUMBERTITLEAUTHORSTATUS
HB0060S3Conceal Carry Firearms Amendments
** SEE NOTES**
Brooks, W.
HB0061Concealed Carry Exemption During State of EmergencyMaloy, A.C.
HB0076S1Firearm Preemption Amendments
** SEE NOTES**
Maloy, A.C.
HB0101S3Protected Persons AmendmentsStoddard, A.
HB0200Firearm Safe Harbor AmendmentsMaloy, A.C.
HB0205Universal Background Checks for Firearm PurchasesKing, Brian S.
HB0216S2Firearms Amendments Lisonbee, K.
HB0227S04SELF DEFENSE AMENDMENTSLisonbee, K.
HB0267Voluntary Lethal Means Restrictions AmendmentsEliason, S.

H.B. 60 Substitution 3
CONCEAL CARRY FIREARMS AMENDMENTS

STATUS: PASSED

  • This bill provides that an individual who is 21 years old or older, and may lawfully possess a firearm, may carry a concealed firearm in a public area without a permit.

NOTES: I wish to discuss what this bill is and is not. What it is not, is a substitution for the CFP. Constitutional carry, as this is often called, does not allow for K-12 school carry, higher education carry, as well as reciprocity with other states. You do get some additional advantages with the permit.

What this is. It basically changes open carry to allow for concealed carry. I have understood that loaded carry will be allowed under this bill per Representative Brooks but, as always, we have to wait until the bill is finalized.

I support this bill and always suggest getting the education provided by the course. Yes, I teach this but I promote education. As I always say, we are all full-time students.

https://www.abc4.com/news/top-stories/utah-representative-claims-his-concealed-carry-bill-will-decrease-violent-crimes/
ABC4 News Broadcast where I appear for a moment talking about the differences.

H.B. 61 Substitution 3
CONCEALED CARRY EXEMPTION DURING STATE OF EMERGENCY

STATUS: House Rules Committee

  • This bill:
  • suspends the requirement to have a concealed carry permit if:
  • the person may lawfully possess a firearm; and
  • a state of emergency has been declared locally or statewide; and
  • limits the suspension to the area over which the state of emergency extends.

H.B. 76 Substitution 1
Firearm Preemption Amendments

STATUS: House Rules Committee

  • This bill:
  • creates the Firearms Preemption Enforcement Act;
  • clarifies preemption of the field of firearms regulation;
  • defines terms;
  • outlines violations of legislative preemption;
  • provides for civil action for a violation of legislative preemption;
  • outlines remedies for violating legislative preemption;
  • addresses governmental immunity; and
  • makes technical changes.

NOTES: We should all reach out to our representatives to support this bill. Its primary purpose is to prevent government officials from passing rules or regulations regarding firearms. Although the Uniform Law, we learned of in class, prevents this, you might recall the SLCounty Mayor Wilson made it a requirement that at gun shows in SLCounty ran building required a background check. Although, not a bad idea, the legislature has felt she overstepped her authority and did not adhere to the Uniform Law. If a lawsuit was brought against the County, we the people, would end up footing the bill in taxes. This bill is intended to strength the Uniform law and prevent future missteps.

H.B. 101 Substitution 3
Protected Persons Amendments

STATUS: House Judiciary Committee

  • This bill:
  • defines terms; and
  • requires a restricted person to comply with certain procedures upon becoming a restricted person

H.B. 200
Firearm Safe Harbor Amendments

STATUS: House Judiciary Committee

  • This bill:
  • defines terms;
  • clarifies that a cohabitant or an owner cohabitant may surrender a firearm to law enforcement;
  • allows law enforcement officers to receive firearms;
  • requires a law enforcement agency to return a firearm to the owner upon request;
  • and makes technical and conforming corrections.

H.B. 205
Universal Background Checks for Firearm Purchases

STATUS: House Rules Committee

  • This bill:
  • defines terms;
  • requires background checks for the transfer of a firearm between persons who are not federal firearms licensees;
  • creates exceptions for family members, law enforcement agencies and officers, and others;
  • allows for temporary transfers under specific circumstances;
  • provides criminal penalties for a violation of the provisions of this bill; and makes technical changes.

H.B. 216 Substitution 2
Firearms Amendments

STATUS: House Rules Committee

  • This bill:
  • provides that a provisional concealed carry permit holder may, before age 21, apply for a concealed carry permit that becomes valid at age 21;
  • ▸     clarifies requirements for renewal permits;
  • ▸     clarifies the law regarding the ability of provisional permit holders to carry concealed weapons on certain school premises; and makes technical and conforming changes.

H.B. 227 Substitution 4
SELF DEFENSE AMENDMENTS

STATUS: House Rules Committee

  • This bill:
  • defines the defense of justifiable use or threatened use of force; and
  • 1establishes procedures for determining the applicability of the defense.

H.B. 267
Voluntary Lethal Means Restrictions Amendments

STATUS: House Rules Committee

  • This bill:
  • requires the Bureau of Criminal Identification to create a process and forms to allow a non-restricted individual to voluntarily become a restricted individual for a limited period of time;
  • requires the individual to acknowledge the consequences of the restrictions;
  • allows the individual to request removal after 30 days;
  • requires the law enforcement agency and bureau to destroy all records after an individual is removed from the voluntary restricted list; and makes technical and conforming changes.

National Concealed Carry Bill Introduced to Congress


Similar bills have been introduced on the federal level many times. We will keep an eye on this and see how in processes. Check it details HERE!

Filed Under: Political Arena

IMPORTANT MESSAGE ABOUT THE NEW LAW

Monday, February 15, 2021

Monday, February 15, 2021

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Constitutional Carry Law

Due to the great deal of misinformation in the media, I feel compelled to clarify the actual law that was passed.

If you recall in class, if you haven’t taken the course yet, we will be covering this, that there was no law preventing OPEN CARRY, therefore it was legal to do. Because this would cause alarm in those that are not familiar with the laws, they would active 911 and a whole lot of excitement would ensue for no real reason.

To eliminate this, this law simply allows a person to cover the firearm, however, it does not replace the permit or its privileges that it affords. The primary differences are:

  • Carry in Public K-12 School
  • Carry on Higher Education Campus
  • Firearm Purchase Background Check Exemption
  • Reciprocity with 36 other states
  • Carry loaded long gun in/on motorized vehicle
  • Better law enforcement contact

The media has portrayed this as a replacement for the permit and that is far from the truth. As you may have seen, I was even active in the media campaigning to try to keep the dialogue on the facts of the bill, but my voice was small and was lost in the noise.

Please share will everyone you know that this is not a replacement to substitution for the permit and foresee ‘Constitutional’ carriers, if not following the law, could cause laws to change in the negative for all of us.

Remember: Education, De-escalation and Resolve conflict with words, not violence.

Carry on and be safe and wishing you and yours the best in 2021!

Aaron Turner, Senior Instructor

Filed Under: In The News, Political Arena

UTAH 2021 LEGISLATIVE ACTION – RELEASE 6

Tuesday, February 9, 2021

Report Date – Tuesday, February 9, 2021

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Current Numbered Bills

NUMBERTITLEAUTHORSTATUS
HB0060S2Conceal Carry Firearms Amendments
** SEE NOTES**
Brooks, W.
HB0061Concealed Carry Exemption During State of EmergencyMaloy, A.C.Has not moved since introduced
HB0076Firearm Preemption Amendments
** SEE NOTES**
Maloy, A.C.Has not moved since introduced
HB0101Protected Persons AmendmentsStoddard, A.Has not moved since introduced
HB0200Firearm Safe Harbor AmendmentsMaloy, A.C.Has not moved since introduced
HB0205Universal Background Checks for Firearm PurchasesKing, Brian S.Has not moved since introduced
HB0216Firearms Amendments Lisonbee, K.Has not moved since introduced
HB0267Voluntary Lethal Means Restrictions AmendmentsEliason, S.Has not moved since introduced

H.B. 60 Substitution 2
CONCEAL CARRY FIREARMS AMENDMENTS

STATUS: PASSED — Pending Governors Signature

  • This bill provides that an individual who is 21 years old or older, and may lawfully possess a firearm, may carry a concealed firearm in a public area without a permit.

NOTES: I wish to discuss what this bill is and is not. What it is not, is a substitution for the CFP. Constitutional carry, as this is often called, does not allow for K-12 school carry, higher education carry, as well as reciprocity with other states. You do get some additional advantages with the permit.

What this is. It basically changes open carry to allow for concealed carry. I have understood that loaded carry will be allowed under this bill per Representative Brooks but, as always, we have to wait until the bill is finalized.

I support this bill and always suggest getting the education provided by the course. Yes, I teach this but I promote education. As I always say, we are all full-time students.

https://www.abc4.com/news/top-stories/utah-representative-claims-his-concealed-carry-bill-will-decrease-violent-crimes/
ABC4 News Broadcast where I appear for a moment talking about the differences.

H.B. 61
CONCEALED CARRY EXEMPTION DURING STATE OF EMERGENCY

STATUS: House Rules Committee

  • This bill:
  • suspends the requirement to have a concealed carry permit if:
  • the person may lawfully possess a firearm; and
  • a state of emergency has been declared locally or statewide; and
  • limits the suspension to the area over which the state of emergency extends.

H.B. 76
Firearm Preemption Amendments

STATUS: House Rules Committee

  • This bill:
  • creates the Firearms Preemption Enforcement Act;
  • clarifies preemption of the field of firearms regulation;
  • defines terms;
  • outlines violations of legislative preemption;
  • provides for civil action for a violation of legislative preemption;
  • outlines remedies for violating legislative preemption;
  • addresses governmental immunity; and
  • makes technical changes.

NOTES: We should all reach out to our representatives to support this bill. Its primary purpose is to prevent government officials from passing rules or regulations regarding firearms. Although the Uniform Law, we learned of in class, prevents this, you might recall the SLCounty Mayor Wilson made it a requirement that at gun shows in SLCounty ran building required a background check. Although, not a bad idea, the legislature has felt she overstepped her authority and did not adhere to the Uniform Law. If a lawsuit was brought against the County, we the people, would end up footing the bill in taxes. This bill is intended to strength the Uniform law and prevent future missteps.

H.B. 101
Protected Persons Amendments

STATUS: House Judiciary Committee

  • This bill:
  • defines terms; and
  • requires a restricted person to comply with certain procedures upon becoming a restricted person

H.B. 200
Firearm Safe Harbor Amendments

STATUS: House Judiciary Committee

  • This bill:
  • defines terms;
  • clarifies that a cohabitant or an owner cohabitant may surrender a firearm to law enforcement;
  • allows law enforcement officers to receive firearms;
  • requires a law enforcement agency to return a firearm to the owner upon request;
  • and makes technical and conforming corrections.

H.B. 205
Universal Background Checks for Firearm Purchases

STATUS: House Rules Committee

  • This bill:
  • defines terms;
  • requires background checks for the transfer of a firearm between persons who are not federal firearms licensees;
  • creates exceptions for family members, law enforcement agencies and officers, and others;
  • allows for temporary transfers under specific circumstances;
  • provides criminal penalties for a violation of the provisions of this bill; and makes technical changes.

H.B. 215
Firearms Amendments

STATUS: House Rules Committee

  • This bill:
  • provides that a provisional concealed carry permit holder may, before age 21, apply for a concealed carry permit that becomes valid at age 21;
  • ▸     clarifies requirements for renewal permits;
  • ▸     clarifies the law regarding the ability of provisional permit holders to carry concealed weapons on certain school premises; and makes technical and conforming changes.

H.B. 267
Voluntary Lethal Means Restrictions Amendments

STATUS: House Rules Committee

  • This bill:
  • requires the Bureau of Criminal Identification to create a process and forms to allow a non-restricted individual to voluntarily become a restricted individual for a limited period of time;
  • requires the individual to acknowledge the consequences of the restrictions;
  • allows the individual to request removal after 30 days;
  • requires the law enforcement agency and bureau to destroy all records after an individual is removed from the voluntary restricted list; and makes technical and conforming changes.

National Concealed Carry Bill Introduced to Congress


Similar bills have been introduced on the federal level many times. We will keep an eye on this and see how in processes. Check it details HERE!

Filed Under: Political Arena

UTAH 2021 LEGISLATIVE ACTION – RELEASE 5

Monday, February 1, 2021

Report Date – Monday, February 1, 2021

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Current Numbered Bills

NUMBERTITLEAUTHORSTATUS
HB0060S2Conceal Carry Firearms Amendments
** SEE NOTES**
Brooks, W.IMPORTANT READ NOTES
HB0061Concealed Carry Exemption During State of EmergencyMaloy, A.C.Has not moved since introduced
HB0076Firearm Preemption Amendments
** SEE NOTES**
Maloy, A.C.
HB0101Protected Persons AmendmentsStoddard, A.Has not moved since introduced
HB0200Firearm Safe Harbor AmendmentsMaloy, A.C.Has not moved since introduced
HB0205Universal Background Checks for Firearm PurchasesKing, Brian S.Has not moved since introduced
HB0216Firearms Amendments Lisonbee, K.Has not moved since introduced
HB0267Voluntary Lethal Means Restrictions AmendmentsEliason, S.

H.B. 60 Substitution 2
CONCEAL CARRY FIREARMS AMENDMENTS

STATUS: (most recent at top of list)
Senate Comm – Favorable Recommendation 5-2-1
House Comm – Favorable Recommendation 8-3-1
House 3rd Reading Calendar for House bills

  • This bill provides that an individual who is 21 years old or older, and may lawfully possess a firearm, may carry a concealed firearm in a public area without a permit.

NOTES: I wish to discuss what this bill is and is not. What it is not, is a substitution for the CFP. Constitutional carry, as this is often called, does not allow for K-12 school carry, higher education carry, as well as reciprocity with other states. You do get some additional advantages with the permit.

What this is. It basically changes open carry to allow for concealed carry. I have understood that loaded carry will be allowed under this bill per Representative Brooks but, as always, we have to wait until the bill is finalized.

I support this bill and always suggest getting the education provided by the course. Yes, I teach this but I promote education. As I always say, we are all full-time students.

https://www.abc4.com/news/top-stories/utah-representative-claims-his-concealed-carry-bill-will-decrease-violent-crimes/
ABC4 News Broadcast where I appear for a moment talking about the differences.

H.B. 61
CONCEALED CARRY EXEMPTION DURING STATE OF EMERGENCY

STATUS: House Rules Committee

  • This bill:
  • suspends the requirement to have a concealed carry permit if:
  • the person may lawfully possess a firearm; and
  • a state of emergency has been declared locally or statewide; and
  • limits the suspension to the area over which the state of emergency extends.

H.B. 76
Firearm Preemption Amendments

STATUS: House Rules Committee

  • This bill:
  • creates the Firearms Preemption Enforcement Act;
  • clarifies preemption of the field of firearms regulation;
  • defines terms;
  • outlines violations of legislative preemption;
  • provides for civil action for a violation of legislative preemption;
  • outlines remedies for violating legislative preemption;
  • addresses governmental immunity; and
  • makes technical changes.

NOTES: We should all reach out to our representatives to support this bill. Its primary purpose is to prevent government officials from passing rules or regulations regarding firearms. Although the Uniform Law, we learned of in class, prevents this, you might recall the SLCounty Mayor Wilson made it a requirement that at gun shows in SLCounty ran building required a background check. Although, not a bad idea, the legislature has felt she overstepped her authority and did not adhere to the Uniform Law. If a lawsuit was brought against the County, we the people, would end up footing the bill in taxes. This bill is intended to strength the Uniform law and prevent future missteps.

H.B. 101
Protected Persons Amendments

STATUS: House Judiciary Committee

  • This bill:
  • defines terms; and
  • requires a restricted person to comply with certain procedures upon becoming a restricted person

H.B. 200
Firearm Safe Harbor Amendments

STATUS: House Judiciary Committee

  • This bill:
  • defines terms;
  • clarifies that a cohabitant or an owner cohabitant may surrender a firearm to law enforcement;
  • allows law enforcement officers to receive firearms;
  • requires a law enforcement agency to return a firearm to the owner upon request;
  • and makes technical and conforming corrections.

H.B. 205
Universal Background Checks for Firearm Purchases

STATUS: House Rules Committee

  • This bill:
  • defines terms;
  • requires background checks for the transfer of a firearm between persons who are not federal firearms licensees;
  • creates exceptions for family members, law enforcement agencies and officers, and others;
  • allows for temporary transfers under specific circumstances;
  • provides criminal penalties for a violation of the provisions of this bill; and makes technical changes.

H.B. 215
Firearms Amendments

STATUS: House Rules Committee

  • This bill:
  • provides that a provisional concealed carry permit holder may, before age 21, apply for a concealed carry permit that becomes valid at age 21;
  • ▸     clarifies requirements for renewal permits;
  • ▸     clarifies the law regarding the ability of provisional permit holders to carry concealed weapons on certain school premises; and makes technical and conforming changes.

H.B. 267
Voluntary Lethal Means Restrictions Amendments

STATUS: House Rules Committee

  • This bill:
  • requires the Bureau of Criminal Identification to create a process and forms to allow a non-restricted individual to voluntarily become a restricted individual for a limited period of time;
  • requires the individual to acknowledge the consequences of the restrictions;
  • allows the individual to request removal after 30 days;
  • requires the law enforcement agency and bureau to destroy all records after an individual is removed from the voluntary restricted list; and makes technical and conforming changes.

National Concealed Carry Bill Introduced to Congress


Similar bills have been introduced on the federal level many times. We will keep an eye on this and see how in processes. Check it details HERE!

Filed Under: Political Arena

UTAH 2021 LEGISLATIVE ACTION – RELEASE 4

Tuesday, January 26, 2021

Report Date – Tuesday, January 26, 2021

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Current Numbered Bills

NUMBERTITLEAUTHORSTATUS
HB0060Conceal Carry Firearms AmendmentsBrooks, W.House Comm – Favorable Recommendation 8-3-1
HB0061Concealed Carry Exemption During State of EmergencyMaloy, A.C.House Rules Committee
HB0076Firearm Preemption AmendmentsMaloy, A.C.House Rules Committee
HB0101Protected Persons AmendmentsStoddard, A.House Rules Committee
HB0200Firearm Safe Harbor AmendmentsMaloy, A.C.House Rules Committee
HB0205Universal Background Checks for Firearm PurchasesKing, Brian S.House Rules Committee
HB0216Firearms Amendments Lisonbee, K.

H.B. 60
CONCEAL CARRY FIREARMS AMENDMENTS

NOTE: This bill is moving fast. Expect to see lots of discussion on this issue.
STATUS: House 3rd Reading Calendar for House bills
House Comm – Favorable Recommendation 8-3-1

  • This bill provides that an individual who is 21 years old or older, and may lawfully possess a firearm, may carry a concealed firearm in a public area without a permit.

H.B. 61
CONCEALED CARRY EXEMPTION DURING STATE OF EMERGENCY

STATUS: House Rules Committee

  • This bill:
  • suspends the requirement to have a concealed carry permit if:
  • the person may lawfully possess a firearm; and
  • a state of emergency has been declared locally or statewide; and
  • limits the suspension to the area over which the state of emergency extends.

H.B. 76
Firearm Preemption Amendments

STATUS: House Rules Committee

  • This bill:
  • creates the Firearms Preemption Enforcement Act;
  • clarifies preemption of the field of firearms regulation;
  • defines terms;
  • outlines violations of legislative preemption;
  • provides for civil action for a violation of legislative preemption;
  • outlines remedies for violating legislative preemption;
  • addresses governmental immunity; and
  • makes technical changes.

H.B. 101
Protected Persons Amendments

STATUS: House Judiciary Committee

  • This bill:
  • defines terms; and
  • requires a restricted person to comply with certain procedures upon becoming a restricted person

H.B. 200
Firearm Safe Harbor Amendments

STATUS: House Judiciary Committee

  • This bill:
  • defines terms;
  • clarifies that a cohabitant or an owner cohabitant may surrender a firearm to law enforcement;
  • allows law enforcement officers to receive firearms;
  • requires a law enforcement agency to return a firearm to the owner upon request;
  • and makes technical and conforming corrections.

H.B. 205
Universal Background Checks for Firearm Purchases

STATUS: House Rules Committee

  • This bill:
  • defines terms;
  • requires background checks for the transfer of a firearm between persons who are not federal firearms licensees;
  • creates exceptions for family members, law enforcement agencies and officers, and others;
  • allows for temporary transfers under specific circumstances;
  • provides criminal penalties for a violation of the provisions of this bill; and makes technical changes.

H.B. 215
Firearms Amendments

STATUS: House Rules Committee

  • This bill:
  • provides that a provisional concealed carry permit holder may, before age 21, apply for a concealed carry permit that becomes valid at age 21;
  • ▸     clarifies requirements for renewal permits;
  • ▸     clarifies the law regarding the ability of provisional permit holders to carry concealed weapons on certain school premises; and makes technical and conforming changes.

National Concealed Carry Bill Introduced to Congress


Similar bills have been introduced on the federal level many times. We will keep an eye on this and see how in processes. Check it details HERE!

Filed Under: Political Arena

UTAH 2021 LEGISLATIVE ACTION – RELEASE 3

Thursday, January 21, 2021

Report Date – Thursday, January 21, 2021

ALERT!!

HB60 Concealed Carry Firearm Amendment:
Subcommittee Hearing: Friday, January 21st @ 2:00pm LINK

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Current Numbered Bills

HB0060Conceal Carry Firearms AmendmentsBrooks, W.
HB0061Concealed Carry Exemption During State of EmergencyMaloy, A.C.
HB0076Firearm Preemption AmendmentsMaloy, A.C.
HB0101Protected Persons AmendmentsStoddard, A.
HB0200Firearm Safe Harbor AmendmentsMaloy, A.C.
HB0205Universal Background Checks for Firearm PurchasesKing, Brian S.

H.B. 60
CONCEAL CARRY FIREARMS AMENDMENTS

STATUS: House Judiciary Committee

  • This bill provides that an individual who is 21 years old or older, and may lawfully possess a firearm, may carry a concealed firearm in a public area without a permit.

H.B. 61
CONCEALED CARRY EXEMPTION DURING STATE OF EMERGENCY

STATUS: Clerk of the House

  • This bill:
  • suspends the requirement to have a concealed carry permit if:
  • the person may lawfully possess a firearm; and
  • a state of emergency has been declared locally or statewide; and
  • limits the suspension to the area over which the state of emergency extends.

H.B. 76
Firearm Preemption Amendments

STATUS: Clerk of the House

  • This bill:
  • creates the Firearms Preemption Enforcement Act;
  • clarifies preemption of the field of firearms regulation;
  • defines terms;
  • outlines violations of legislative preemption;
  • provides for civil action for a violation of legislative preemption;
  • outlines remedies for violating legislative preemption;
  • addresses governmental immunity; and
  • makes technical changes.

H.B. 101
Protected Persons Amendments

STATUS: Clerk of the House

  • This bill:
  • defines terms; and
  • requires a restricted person to comply with certain procedures upon becoming a restricted person

H.B. 200
Firearm Safe Harbor Amendments

STATUS: Clerk of the House

  • This bill:
  • defines terms;
  • clarifies that a cohabitant or an owner cohabitant may surrender a firearm to law enforcement;
  • allows law enforcement officers to receive firearms;
  • requires a law enforcement agency to return a firearm to the owner upon request;
  • and makes technical and conforming corrections.

H.B. 205
Universal Background Checks for Firearm Purchases

STATUS: Clerk of the House

  • This bill:
  • defines terms;
  • requires background checks for the transfer of a firearm between persons who are not federal firearms licensees;
  • creates exceptions for family members, law enforcement agencies and officers, and others;
  • allows for temporary transfers under specific circumstances;
  • provides criminal penalties for a violation of the provisions of this bill; and makes technical changes.

National Concealed Carry Bill Introduced to Congress

Similar bills have been introduced on the federal level many times. We will keep an eye on this and see how in processes. Check it details HERE!

Filed Under: Political Arena

UTAH 2021 LEGISLATIVE ACTION – RELEASE 2

Tuesday, January 19, 2021

Report Date – January 19, 2021

Legislature convenes today!

Open Carrier at Capitol on Sunday

Proper Carry of a Firearm

Here is an example of how improper behavior of a few, can change the laws for us all. As outlined in this news article, Rep. Paul Ray has indicated that there may need to be changes to the current law.

As discussed in class, handguns are to be carried holstered. First safety rule is you MUST cover the trigger at all times on a handgun or it is not ‘safe’.

Given a long gun cannot be holstered in the traditional sense, it must be slung or attached in a manner where your hands are not actively on the firearm. Regardless if the firearm is safe (unloaded), it needs to be carried responsibility.

What is ironic in this case, here you have a young man exercising his rights (Good for him). However, in my opinion, because he didn’t handle the firearm responsibly, it may lead to a change in those rights.

Carrying a firearm comes with reponsibility.

76-9-102.  Disorderly conduct.
(3) The mere carrying or possession of a holstered or encased firearm, whether visible or concealed, without additional behavior or circumstances that would cause a reasonable person to believe the holstered or encased firearm was carried or possessed with criminal intent, does not constitute a violation of this section. Nothing in this Subsection (3) may limit or prohibit a law enforcement officer from approaching or engaging any person in a voluntary conversation.

This image has an empty alt attribute; its file name is star-line-1024x34.jpg

National Concealed Carry Bill Introduced to Congress

Similar bills have been introduced on the federal level many times. We will keep an eye on this and see how in processes. Check it details HERE!

This image has an empty alt attribute; its file name is star-line-1024x34.jpg

Current Numbered Bills

HB0060Conceal Carry Firearms AmendmentsBrooks, W.
HB0061Concealed Carry Exemption During State of EmergencyMaloy, A.C.
HB0076Firearm Preemption AmendmentsMaloy, A.C.
HB0101Protected Persons AmendmentsStoddard, A.

H.B. 60
CONCEAL CARRY FIREARMS AMENDMENTS

STATUS: Clerk of the House

  • This bill provides that an individual who is 21 years old or older, and may lawfully possess a firearm, may carry a concealed firearm in a public area without a permit.

H.B. 61
CONCEALED CARRY EXEMPTION DURING STATE OF EMERGENCY

STATUS: Clerk of the House

  • This bill:
  • suspends the requirement to have a concealed carry permit if:
  • the person may lawfully possess a firearm; and
  • a state of emergency has been declared locally or statewide; and
  • limits the suspension to the area over which the state of emergency extends.

H.B. 76
Firearm Preemption Amendments

STATUS: Clerk of the House

  • This bill:
  • creates the Firearms Preemption Enforcement Act;
  • clarifies preemption of the field of firearms regulation;
  • defines terms;
  • outlines violations of legislative preemption;
  • provides for civil action for a violation of legislative preemption;
  • outlines remedies for violating legislative preemption;
  • addresses governmental immunity; and
  • makes technical changes.

H.B. 101
Protected Persons Amendments

STATUS: Clerk of the House

  • This bill:
  • defines terms; and
  • requires a restricted person to comply with certain procedures upon becoming a restricted person

Bills Requested, Pending Number

Firearm Safe Harbor AmendmentsMaloy, A.C.In Process
Universal Background Checks for Firearm PurchasesKing, Brian S.In Process
Concealed Carry Permit AmendmentsPierucci, C.Abandoned
Gun-Free Zone AmendmentsChristiansen, S.Abandoned

Filed Under: Political Arena

UTAH 2021 LEGISLATIVE ACTION – RELEASE 1

Tuesday, January 12, 2021

Report Date – January 12, 2021

This image has an empty alt attribute; its file name is star-line-1024x34.jpg

Legislature convenes on Tuesday, January 19th.

Current Numbered Bills

HB0060Conceal Carry Firearms AmendmentsBrooks, W.
HB0061Concealed Carry Exemption During State of EmergencyMaloy, A.C.
HB0076Firearm Preemption AmendmentsMaloy, A.C.
HB0101Protected Persons AmendmentsStoddard, A.

H.B. 60
CONCEAL CARRY FIREARMS AMENDMENTS

STATUS: Clerk of the House

  • This bill provides that an individual who is 21 years old or older, and may lawfully possess a firearm, may carry a concealed firearm in a public area without a permit.

H.B. 61
CONCEALED CARRY EXEMPTION DURING STATE OF EMERGENCY

STATUS: Clerk of the House

  • This bill:
  • suspends the requirement to have a concealed carry permit if:
  • the person may lawfully possess a firearm; and
  • a state of emergency has been declared locally or statewide; and
  • limits the suspension to the area over which the state of emergency extends.

H.B. 76
Firearm Preemption Amendments

STATUS: Clerk of the House

  • This bill:
  • creates the Firearms Preemption Enforcement Act;
  • clarifies preemption of the field of firearms regulation;
  • defines terms;
  • outlines violations of legislative preemption;
  • provides for civil action for a violation of legislative preemption;
  • outlines remedies for violating legislative preemption;
  • addresses governmental immunity; and
  • makes technical changes.

H.B. 101
Protected Persons Amendments

STATUS: Clerk of the House

  • This bill:
  • defines terms; and
  • requires a restricted person to comply with certain procedures upon becoming a restricted person

Bills Requested, Pending Number

Firearm Safe Harbor AmendmentsMaloy, A.C.In Process
Universal Background Checks for Firearm PurchasesKing, Brian S.In Process
Concealed Carry Permit AmendmentsPierucci, C.Abandoned
Gun-Free Zone AmendmentsChristiansen, S.Abandoned

Filed Under: Political Arena

Guns Polices – Laws vs Effect

Wednesday, May 13, 2020

I found this amazing article that provides a transparent and analytical approach to determining gun laws vs intended results. This study was presented by the RAND Corporation with the goal of ‘Objective Analysis and Effective Solutions’.

Below are the details of their ongoing study.

What Science Tells Us About the Effects of Gun Policies

Updated April 22, 2020

Good public policies are based on facts and data, and the best laws—including gun laws—are written when policymakers understand the effects of the policy on a range of outcomes and can weigh the inherent trade-offs. For gun policies, relevant outcomes can include, among others, the health of the gun industry, individuals’ ability to defend themselves, and homicide and suicide rates. In other words, policymakers need to understand the costs and benefits that different policies are likely to produce for society as a whole, including gun owners, communities wracked by violence, and other affected groups. This is not to say that understanding the true effects of policies is the only information lawmakers need. There are many other considerations as well, such as whether policies are consistent with Second Amendment protections or might infringe on other rights. Nevertheless, understanding the true effects of policies on a variety of outcomes is essential to creating policies that are both fair and effective.

As part of the RAND Gun Policy in America initiative, we conducted rigorous and transparent reviews of what current scientific knowledge could tell the public and policymakers about the true effects of many gun policies that are frequently discussed in state legislatures. Our first such review, released in 2018, synthesized the available scientific data from studies published between 2004 and 2016 examining how 13 classes of state-level gun policies affect firearm-related deaths, violent crime, the gun industry, participation in hunting and sport shooting, and other outcomes. In 2020, we released an expanded and updated review, which added five new classes of gun policies and extended the period over which we conducted our literature search to now span from 1995 to 2018. There has been a surge of new scientific publications on gun policy since our initial review, and we incorporate those studies in our updated analyses, sometimes drawing new or revised conclusions about the quality of evidence available to support claims about the effects of various policies.

We restricted our analyses to only those studies using methods designed to identify possible causal effects of the policies. For instance, studies that reported simple correlations between gun policies and various outcomes at a single point in time did not meet our inclusion criteria, because such studies provide no evidence that it is the gun policy itself that explains the outcome differences rather than other social, demographic, or historical differences between jurisdictions with and without those policies. After identifying research studies that used methods designed to establish the causal effects of gun policies, a team of RAND methodologists analyzed the studies by applying standardized and explicit criteria for determining the strength of the evidence provided by each. We categorized the scientific evidence on a relativistic scale, shown below.

Strength of Evidence Definitions

NO STUDIESNo studies meeting our inclusion criteria evaluated the policy’s effect on the outcome.INCONCLUSIVEStudies with comparable methodological rigor identified inconsistent evidence for the policy’s effect on an outcome, or a single study found only uncertain or suggestive effects.LIMITEDAt least one study meeting our inclusion criteria and not otherwise compromised by serious methodological weaknesses reported a significant effect of the policy on the outcome, and no studies with equivalent or stronger methods provided contradictory evidence.MODERATETwo or more studies⁠—at least one of which was not compromised by serious methodological weaknesses⁠—found significant effects in the same direction, and contradictory evidence was not found in other studies with equivalent or stronger methods.SUPPORTIVEAt least three studies not compromised by serious methodological weaknesses found suggestive or significant effects in the same direction using at least two independent data sets.

Summarizing the Available Evidence

After reviewing several thousand candidate studies, we identified 123 that met our inclusion criteria. These studies provided evidence for 47 of the 144 main policy effects we set out to examine (that is, the effects of each of the 18 policies on each of the eight main outcomes). We concluded that there was some evidence of an increase or decrease on an outcome for 13 of the policy effects, there was inconclusive evidence for 34 additional effects, and there were no qualifying studies that had evaluated any of the remaining effects (97). The table below summarizes the strength of evidence and direction (increase or decrease) of the effects that the scientific literature currently provides, with links to detailed syntheses of the available research.

Across all of the 18 policies that we examined, only two—child-access prevention laws and stand-your-ground laws—had evidence that we classified as supportive, our highest evidence rating, for an effect on a particular outcome. Specifically, there is supportive evidence that child-access prevention laws reduce firearm self-injuries (including suicides) and unintentional firearm injuries and deaths among children In addition, we found supportive evidence that stand-your-ground laws increase firearm homicides. 

Child-access prevention laws differ from many of the other policies we considered in our analysis. Most of the others affect either the small proportion of guns that are newly acquired every year (e.g., background checks, waiting periods) or a relatively small proportion of gun owners (e.g., prohibitions that target the mentally ill or domestic violence offenders). Child-access prevention laws, in contrast, are designed to influence how all guns in a state are stored when children could be expected to encounter them. This likely represents a large proportion of all guns because, according to U.S. Census Bureau research published in 2013, one-third of all households in the country have children under age 18, and many more have children as occasional visitors. With such large numbers of guns potentially affected, child-access prevention laws (even with imperfect compliance) may have a greater chance of producing observable effects in population-level statistics than other types of laws do.

As for stand-your-ground laws, in our initial review of the research, we found only limited or moderate evidence for the effect of such laws on total and firearm homicides; however, four new studies meeting our inclusion criteria have since been published, and all of these suggest that stand-your-ground laws elevate homicide rates. Because these laws are designed to empower victims of crime to defend themselves more effectively, it might be suggested that the rise in homicide rates is an intended effect of the laws, if the increases were driven by a surge in justifiable homicides. Although more research is needed to draw definitive conclusions about how much of the increase in homicide rates is attributable to justifiable homicides, there is reason to doubt that justifiable homicides explain the increase that stand-your-ground laws seem to cause. Consider, for instance, that there were a combined 2,201 firearm homicides in 2017 in Florida and Texas, according to data compiled by the Centers for Disease Control and Prevention. Both states have stand-your-ground laws. If the effect size estimates for stand-your-ground laws are correct, then between 144 and 396 of these deaths could be attributable to the laws. But across the entire United States, there are only about 230 justifiable homicides recorded in the Federal Bureau of Investigation’s Supplementary Homicide Reports annually, according to records compiled by the Violence Policy Center. Therefore, many of the additional homicides attributable to the laws in Florida and Texas must be criminal homicides.

We found moderate evidence, our second-highest evidence rating, that dealer background checks reduce firearm homicides. Most of the studies in this area examined the effects of dealer background checks or the combined effects of dealer and private-seller background checks when both are required by a state. Therefore, the evidence base for universal background checks—that is, background checks for all sales, public and private—is quite limited compared with that for the dealer background checks currently required under federal law. Of course, if there is moderate evidence that dealer background checks reduce firearm homicides, it seems likely that extending background checks to private sales of firearms could further reduce those deaths. But we must emphasize that currently available research on this question is insufficient to prove that conclusion.

We also found moderate evidence that waiting periods reduce rates of firearm suicide and total homicide and that some gun possession prohibitions associated with domestic violence reduce intimate partner homicides.

We found evidence that several other policies increase or decrease one of the outcomes examined. To view detailed syntheses of the research that led to each of these findings, as well as the evidence that we categorized as inconclusive, click on the associated box in the table above.

Despite these findings, a large majority of the effects for which we sought scientific evidence have not been investigated with sufficient rigor to be included in our review. Indeed, we found no studies examining the effects of any of the 18 policy types on officer-involved shootings or on hunting and recreation outcomes, just two studies examining how the policies affect defensive gun use, and relatively few studies evaluating effects of the policies on gun industry outcomes. These are all outcomes that are frequently raised as concerns in gun policy debates. Because there is little empirical research examining these outcomes, policymakers have limited ability to use evidence to comprehensively consider how laws are likely to affect different interests.

Does Weak Evidence Mean Gun Laws Don’t Work?

With a few exceptions, there is a surprisingly limited base of rigorous scientific evidence concerning the effects of many commonly discussed gun policies. This does not mean that these policies are ineffective; they might well be quite effective. Instead, it partly reflects shortcomings in the contributions that science has made to policy debates. It also partly reflects the policies we chose to investigate, all of which have been implemented in some U.S. states and so have proven to be politically and legally feasible (at least in some jurisdictions). This decision meant that none of the policies we examined would dramatically increase or decrease the stock of guns or gun ownership rates in ways that would produce more readily detectable effects on public safety, health, and industry outcomes.

Even a 1-percent reduction in homicides nationally would correspond to approximately 1,500 fewer deaths over a decade. 

Furthermore, the United States has a large stock of privately owned guns in circulation—estimated by the Small Arms Survey to be more than 393 million firearms in 2017. Laws designed to change who may buy new weapons, which weapons they may buy, or where and how they can use guns will predictably have only a small effect on, for example, homicide rates or participation in sport shooting, which are affected much more by the existing stock of firearms. But although small effects are especially difficult to identify with the statistical methods common in this field, they may be important. Even a 1-percent reduction in homicides nationally would correspond to approximately 1,500 fewer deaths over a decade.

By highlighting where scientific evidence is accumulating, we hope to build consensus around a shared set of facts that have been established through a transparent, nonpartisan, and impartial review process. In so doing, we also mean to highlight areas where more and better information could make important contributions to establishing fair and effective gun policies.

Link to original story/credit

Filed Under: In The News

UTAH 2020 LEGISLATIVE ACTION – RELEASE 8 – FINAL REPORT

Friday, March 13, 2020

FINAL REPORT

Passed Bills

HB 340S01 Rampage Violence Prevention Study

SB 178 Administrative Security Amendments

Failed Bills

HB 109 Universal Background Checks for Firearm Purchasers

HB 115 Dangerous Weapon Custodian Liability.

HB 136 Safe Storage of Firearms Amendments

HB 229 Extreme Risk Protection Order.

HB 267S02 Prohibited Persons Amendments

HB 271S01 Firearm Preemption Amendments [Action Required]

HB 282 Voluntary Firearms Restrictions Amendments

HB 316 Restricted Status Amendments

HB 460 Firearms Removal Amendments

HB 471 Firearm Safe Harbor Amendments

HB 472 Conceal Carry Firearms Amendments

SB 33 Firearm Identification Amendments

SB 87 Firearm Commitment Amendments

SB 246 Extreme Risk Protection Order Requirements

HB 109
Universal Background Checks for Firearm Purchasers

STATUS: House Rules – 2/26
 [This went into committee and was tabled with 8-3-0 vote.  Often, but not always, this is a nice way of killing a bill.]

  • Requires background checks for the transfer of a firearm between persons who are not federal firearms licensees;
  • Creates exceptions for family members, law enforcement agencies and officers, and others;
  • Allows for temporary transfers under specific circumstances; and sets penalties.

HB 115
Dangerous Weapon Custodian Liability

STATUS: Did not make it out of committee

  • This bill provides a cause of action for negligent entrustment of a firearm.
  • Provides for circumstances under which a firearm custodian can be liable for damage caused by another individual’s use of the firearm custodian’s firearm; and 
  • Provides for a defense to an action brought under the statute.

HB 136
Safe Storage of Firearms

STATUS: House Judiciary Committee – 2/24
[Failed to be tabled, so it was held.  Don’t know what really means]

  • Makes it a criminal offense if a firearm is stored in a place that the firearm owner knows or has reason to believe a minor or person legally restricted from possessing a firearm has access to and a person is injured by a minor or restricted person using the firearm;

HB 229
Extreme Risk Protection Order

STATUS: House Rules Committee – 2/3
[Still sitting idle – it is likely dead]

  • This bill enacts the Extreme Risk Protective Order Act;
  • defines terms;
  • enables a family member or law enforcement to ask a court to restrain a person from possessing any firearms or ammunition for a specified length of time;
  • requires the courts to develop and adopt uniform forms for all courts;
  • requires that the court consider whether the respondent:
    • has made recent threats or acted violently;
    • violated a recent protective order; 
    • has demonstrated a pattern of violent acts or threats within the past 12 months;
    • is dangerous; or
    • has attempted or threatened self-harm;
  • allows a court to issue a search warrant if a respondent refuses to surrender firearms and ammunition upon service of an order;
  • requires the courts to report the respondent’s information to the Bureau of Criminal Identification upon issuance, and to remove the information upon expiration; allows the respondent to surrender firearms and ammunition to a law enforcement agency or a federal firearms licensee;
  • provides for disposal if the firearms and ammunition are not reclaimed upon expiration;
  • requires the director of POST to create and implement training and materials; and
  • requires the courts to create and distribute an annual report on extreme risk protective orders.

HB 267S02
Prohibited Persons Amendments

STATUS: Senate Rules Committee – 2/25 [This bill has passed the house and now is on it’s may to the Senate]

  • This bill requires an individual to surrender ownership and possession of all firearms within 72 hours of becoming a restricted person;
  • provides procedures and requirements for a restricted person to comply with upon surrendering a firearm; and
  • authorizes law enforcement to search and seize the firearms of a restricted person under specified circumstances.

HB 271S1
Firearm Preemption Amendments

STATUS: House Law Enforcement and Criminal Justice Committee – 2/24 [This was slated for committee but ended up not being considered – Please call your representative to show support for this bill – This will eliminate Salt Lake County mandating additional requirement outside of their authority]

  • This bill clarifies that the Legislature has preempted the field of firearm regulation for the state.
  • Creates the Firearms Preemption Enforcement Act;
  • clarifies preemption of the field of firearms regulation;
  • defines terms;
  • outlines violations of legislative preemption;
  • provides for civil action for a violation of legislative preemption;
  • outlines remedies and fines for violating legislative preemption;
  • addresses governmental immunity; and
  • makes technical changes.

KSL Article on this bill

Please call your representative to voice yours support for this bill.  This will help prevent a citizen from having to bring action against an agency violating firearms laws.  Follow this link to find your representative by click on the “My Legislators” box.

HB 282
Voluntary Firearms Restrictions Amendments

STATUS: House 3rd Reading Calendar for House bills – 2/25
[This bill has been circles on the House floor – it may be stuck there]

  • This bill requires the Bureau of Criminal Identification to create a process and forms to allow a non-restricted person to voluntarily become a restricted person for a limited period of time;
  • requires the person to acknowledge the consequences of the restrictions;
  • allows the person to request removal after 30 days; and
  • requires the law enforcement agency and bureau to destroy all records after a person is removed from the voluntary restricted list. 

HB 316
Restricted Status Amendments

STATUS: Senate Rules Committee – 2/25
House 3rd Reading Calendar for House bills

  • This bill defines terms; and
  • provides notification requirements to an individual accused or convicted of a criminal charge that would prevent the individual from lawfully owning or possessing a firearm.

HB 340
Rampage Violence Prevention Study

STATUS: House Law Enforcement and Criminal Justice Committee – 2/21

  • This bill: defines terms;
  • requires the State Commission on Criminal and Juvenile Justice to conduct a study on rampage violence;
  • authorizes the State Commission on Criminal and Juvenile Justice to contract with a 
  • state agency, private entity, or research institution to assist in the study on rampage violence;
  • requires the State Commission on Criminal and Juvenile Justice to report to the Law Enforcement and Criminal Justice Interim Committee regarding the study on rampage violence; and
  • makes technical changes.

HB 460
Firearms Removal Amendments

STATUS: House/ received fiscal note from Fiscal Analyst – 3/6

  • This bill:
  • enacts the Firearms Restraining Order Act;
  • defines terms;
  • enables a family member, medical professional, or law enforcement officer to ask a court to restrain a person from possessing any firearms or ammunition for a specified length of time;
  • requires the courts to develop and adopt uniform forms for all courts;
  •  requires that the court consider whether the respondent:
    • has made recent threats or acted violently;
    • violated a recent protective order;
    • has demonstrated a pattern of violent acts or threats within the past 12 months;
    • is dangerous; or
    • has attempted or threatened self-harm;
  • allows a court to issue a search warrant if a respondent refuses to surrender firearms and ammunition upon service of an order;
  • requires the courts to report the respondent’s information to the Bureau of Criminal Identification upon issuance, and to remove the information upon expiration;
  • requires the respondent to surrender firearms and ammunition to a law enforcement agency;
  • provides for disposal if the firearms and ammunition are not reclaimed upon expiration;
  • requires the director of POST to create and implement training and materials; and requires the courts to create and distribute an annual report on firearms restraining orders.

HB 471
Firearm Safe Harbor Amendments

STATUS: House Rules Committee – 3/6

  • This bill:
  • clarifies that a cohabitant may surrender a firearm to law enforcement;
  • allows law enforcement officers to receive firearms; and makes technical corrections.

HB 472
Conceal Carry Firearms Amendments

STATUS: House Rules Committee – 3/6

  • This bill:
  • provides that an individual who is 21 years or older, and may lawfully possess a firearm, may carry a concealed firearm in a public area without a permit. 

SB 33
Firearm Identification Amendments

STATUS: Senate Rules Committee since 1/27
[Still sitting idle – it is likely dead]

  • Makes it a third degree felony to alter or remove identifying marks on a firearm; and
  • makes it a third degree felony to be in possession of a firearm on which the identifying marks have been removed or altered.

 SB 87
Firearm Commitment Amendments

STATUS: Senate Rules Committee since 2/4
[Still sitting idle – it is likely dead]

  • This bill provides for circumstances where a cohabitant may commit the firearm of a firearm owner cohabitant without the permission of the owner cohabitant; 
  • sets procedures for law enforcement to follow when accepting a firearm committed by a cohabitant without the owner cohabitant’s permission; and 
  • makes technical changes.

 SB 178
Administrative Security Amendments

STATUS: House Revenue and Taxation Committee- 3/6

  • This bill:
  • requires that a motor vehicle enforcement administrator provide security for the State Tax Commission in an area that restricts certain persons from transporting any firearm, ammunition, dangerous weapon, or explosive; and
  • adds the State Tax Commission to the list of entities that may establish secure areas.

 SB 246
Extreme Risk Protection Order Requirements

STATUS: Senate Rules Committee – 3/5

  • This bill:
  • enacts the Extreme Risk Protective Order Act;
  • defines terms;
  • enables a law enforcement officer to ask a court to restrain a person from possessing any firearms or ammunition for a specified length of time;
  • requires the courts to develop and adopt uniform forms for all courts;
  • requires the courts to provide expedited hearings for petitions for extreme risk protective orders;
  • requires that the court consider whether the respondent:
    • has made recent threats or acted violently;
    • violated a recent protective order;
    • has demonstrated a pattern of violent acts or threats within the past 12 months;
    • is dangerous; or
    •  has attempted or threatened self-harm;
  • allows a court to issue a search warrant if a respondent refuses to surrender firearms and ammunition upon service of an order;
  • requires the courts to report the respondent’s information to the Bureau of Criminal  Identification upon issuance, and to remove the information upon expiration;
  •  allows the respondent to surrender firearms and ammunition to a law enforcement agency or a federal firearms licensee;
  • provides for disposal if the firearms and ammunition are not reclaimed upon expiration;
  • requires the director of POST to create and implement training and materials; and
  • requires the courts to create and distribute an annual report on extreme risk protective orders.

Filed Under: Political Arena

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