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Winter Concerns

utbagpiper

Banned
Joined
Jul 5, 2006
Messages
4,061
Location
Utah
imported post

SGT Jensen wrote:
Worst case scenario is a maximum of 6 months in jail and a $1000 fine. Since when is a class B misdemeanor a life altering decision? Charles, have you ever gotten the impression from an authority figure that any person under the age of 21 may not conceal or carry loaded? Is there some terrible court battle I am unaware of? Utah law clearly exempts permit holders from any state. Should we be worried that it makes no mention of age? What about color? What if a black man with an out of state permit was concealing in Utah?
Oh, is THAT all? For most of us, 6 months and $1000 fine, plus a gun related conviction on our record would be a life altering decision. If b1ack5mith wants to be a police officer, lawyer, or ever work in a field that requires a security clearance, such a conviction could throw a wrench in the works.

I have listened and even been part of legislative hearings and debates where it is clear and stated that only those 21 and older can get a permit and conceal a firearm.
How many such debates or hearings have YOU ever attended? Until recently I had no concerns that the concealed weapons law made no explicit mention one way or the other about OC. That which is not prohibited is allowed in this nation. Basic principle of American-Anglo law going back some 500 years.

I AGREE with your view of the law. We are also completely agreed that a person with a permit can legally OC on college property. Our combined opinion and $2.00 will get a bad cup of coffee and not much else.

I HOPE he has no problems. If he does have problems, I would HOPE that he would prevail in court. But I've come to learn that our courts have NOTHING to with justice and VERY LITTLE to do with the actual law or even facts of the case. (And again, how much time have you spent in court seeing the crap that goes on?)

It is about egos and win-loss records and who can afford the best attorney and investigators for the longest time period. And the city or county has an endless supply of money for both.

I am not personally opposed to him OCing. If I had my druthers, any mature child (much less adult 18 or older) would be free to carry a gun OC or CC without being bothered. Make me king for a day (or three) and I'll make it all right. Until then, there are certain areas where I would exercise a bit of caution unless I was willing and anxious for a court fight. That is all I'm saying.

If he or anyone else wants to be the test case, he has my admiration. For that matter, those with permits who want to be a test case might care to go OC around UVSC or UoU. FAR better to have a nice, well planned, CLEAN case before the court than one that surprises you and the prosecution can make a case for disorderly conduct or disturbing the peace because someone was not expecting a problem and so was not prepared with the witnesses, recordings, and personal demeanor needed to prevent spurious extraneous charges. But I will not ignore what I view as potential risks.

Take my opinion for what they are. But remember that it is not your life nor mine in this case, but b1ack5mith's. So don't blow sunshine up anyone's kilt pretending that age is at all comparable to sex or race in this instance. If you don't know better, you need to study the law a little more so as to understand what are protected categories and what are not.

I'm not looking for a fight on this. Just offering my opinions and sincere cautions to any who do not want to get caught unawares.

Charles
 

rocknsnow

Regular Member
Joined
Oct 22, 2007
Messages
275
Location
Layton, Utah, USA
imported post

Play nice now boys. I plan to take caution when I get that concealed permit. I don't plan to really push any issues. I have to much on my career and i don't have the cash to play in the courts.
 

b1ack5mith

Regular Member
Joined
Jul 13, 2007
Messages
1,146
Location
Payson, Utah, USA
imported post

utbagpiper wrote:
SGT Jensen wrote:
Worst case scenario is a maximum of 6 months in jail and a $1000 fine. Since when is a class B misdemeanor a life altering decision? Charles, have you ever gotten the impression from an authority figure that any person under the age of 21 may not conceal or carry loaded? Is there some terrible court battle I am unaware of? Utah law clearly exempts permit holders from any state. Should we be worried that it makes no mention of age? What about color? What if a black man with an out of state permit was concealing in Utah?
Oh, is THAT all? For most of us, 6 months and $1000 fine, plus a gun related conviction on our record would be a life altering decision. If b1ack5mith wants to be a police officer, lawyer, or ever work in a field that requires a security clearance, such a conviction could throw a wrench in the works.

I have listened and even been part of legislative hearings and debates where it is clear and stated that only those 21 and older can get a permit and conceal a firearm.
How many such debates or hearings have YOU ever attended? Until recently I had no concerns that the concealed weapons law made no explicit mention one way or the other about OC. That which is not prohibited is allowed in this nation. Basic principle of American-Anglo law going back some 500 years.

I AGREE with your view of the law. We are also completely agreed that a person with a permit can legally OC on college property. Our combined opinion and $2.00 will get a bad cup of coffee and not much else.

I HOPE he has no problems. If he does have problems, I would HOPE that he would prevail in court. But I've come to learn that our courts have NOTHING to with justice and VERY LITTLE to do with the actual law or even facts of the case. (And again, how much time have you spent in court seeing the crap that goes on?)

It is about egos and win-loss records and who can afford the best attorney and investigators for the longest time period. And the city or county has an endless supply of money for both.

I am not personally opposed to him OCing. If I had my druthers, any mature child (much less adult 18 or older) would be free to carry a gun OC or CC without being bothered. Make me king for a day (or three) and I'll make it all right. Until then, there are certain areas where I would exercise a bit of caution unless I was willing and anxious for a court fight. That is all I'm saying.

If he or anyone else wants to be the test case, he has my admiration. For that matter, those with permits who want to be a test case might care to go OC around UVSC or UoU. FAR better to have a nice, well planned, CLEAN case before the court than one that surprises you and the prosecution can make a case for disorderly conduct or disturbing the peace because someone was not expecting a problem and so was not prepared with the witnesses, recordings, and personal demeanor needed to prevent spurious extraneous charges. But I will not ignore what I view as potential risks.

Take my opinion for what they are. But remember that it is not your life nor mine in this case, but b1ack5mith's. So don't blow sunshine up anyone's kilt pretending that age is at all comparable to sex or race in this instance. If you don't know better, you need to study the law a little more so as to understand what are protected categories and what are not.

I'm not looking for a fight on this. Just offering my opinions and sincere cautions to any who do not want to get caught unawares.

Charles


they made it CLEAR that you must be 21??? then why does maine offer them to people NON RESIDENTS and then why does UT honor their permit??? if they HONOR their permit... then they honor the rules that apply, period. it wouldnt make sence for them to DISHONOR a different states permit when its been voted on already. if i decided to conceal and a cop saw a lump, and asked if i was concealing, id show him my permit and he would know that i was in my right. if you would like, i can talk to my friend who is a nephi police officer, and he would be glad to tell me how he feels :)

i plan on opencarrying evenMORE when i get my permit.


(keyboard is bein a B word, had to fix up a couple things)
 

utbagpiper

Banned
Joined
Jul 5, 2006
Messages
4,061
Location
Utah
imported post

b1ack5mith wrote:


i plan on opencarrying evenMORE when i get my permit.
I wish you all the best and I fully believe you do have the law on your side. I hope you don't have to bankrupt yourself proving it.
 

b1ack5mith

Regular Member
Joined
Jul 13, 2007
Messages
1,146
Location
Payson, Utah, USA
imported post

well... if they violate my rights, God help them... you have heard the term "friving is a privalege... not a right" this is just the opposite... and last time i checked, if they violate my RIGHT, theyre screwed lol. thats like a judge ordering someone to NEVER speak another word again... it cant happen. thanks for your support everyone!
 

utbagpiper

Banned
Joined
Jul 5, 2006
Messages
4,061
Location
Utah
imported post

b1ack5mith wrote:
well... if they violate my rights, God help them... you have heard the term "friving is a privalege... not a right" this is just the opposite... and last time i checked, if they violate my RIGHT, theyre screwed lol. thats like a judge ordering someone to NEVER speak another word again... it cant happen. thanks for your support everyone!
Let us know how it works out.
 

UTOC-45-44

Regular Member
Joined
Feb 22, 2007
Messages
2,579
Location
Morgan, Utah, USA
imported post

I spoke with Clark about this maybe a year back and Utah honors, for example, Wyoming permits where a person can be a young as 18 to get a CCW and that would be honored here in Utah. If a person has a Permit honored by Utah, they can CCW legally here, no matter the age. EVEN if Utah Permits have to be 21+.
 
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