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Thread: Ask an Attorney General

  1. #1
    State Researcher Kevin Jensen's Avatar
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    Every Thursday on the "Radio from Hell Show" on X96 the have an "Ask a ____" feature. Last week is was ask an Attorney general. I decided to send them an email in case my call was not answered. So I have here the recording from the show, and below is the emails between Mark Shurtleff and myself. As usual, the email should be read from bottom to top.



    Code:
    Oh, sorry, I thought you were a PD sgt. Thank you and God bless you for your military service!
    
    Mark  
    -----Original Message----- 
    From: "Jensen, Kevin L SGT RES USAR USARC" <kevin.l.jensen <AT> us.army.mil> 
    To: Shurtleff, Mark <MSHURTLEFF <AT> utah.gov> 
    
    Sent: 2/2/2008 4:46:38 PM 
    Subject: Re: Ask an Attorney General 
    
    Thanks for your reply Mr. Shurtleff.  I also spoke with you Thursday on  
    the Radio From Hell Show.  I am not a part of any police agency, I  
    earned the rank of Sergeant in the United States Army.  I am simply a  
    2nd Amendment supporter seeking clarification.  I appreciate your input,  
    and look forward to hearing what the State Legislature has to say in  
    this upcoming session. 
    
    Thanks Again! 
    Kevin Jensen 
    
    
    Mark Shurtleff wrote: 
    Sgt. Jensen, 
    
    Thanks for listening and writing in. Bill and Cary forwarded your email. I've fully reviewed the relevant statutes with two of my attorneys and have concluded that the law is ambiguous and needs to be clarified. I met with legislators yesterday and helped draft a bill at their request that would make it very clear that if you get a concelaed firearm permit, you can carry open loaded. 
    
    Unless and until they pass that bill, the law is subject to individual interpretation. It is my opinion (and that of DPS Commissioner Scott Duncan) that the law currently allows open loaded if you have a concealed carry permit because of the section that says permit holders are "exempt" from weapons laws. Some agencies (and I assume that includes yours) have read that exemption to only exempt permitees from the prohibition on concealed carry. 
    > 
    > I understand that the legislature is in the process of requesting a formal legal opinion from me. If they do, and I opine as above, there is a possibility of another lawsuit if the U or UVSC disagree with my opinion and sue me like the U did on my original on-campus  concelaed carry opinion. 
    
    I hope this helps, it really would be best if the legislature would clarify the law one way or the other. Let me know if you would like me to sit down with your chief and walk through the statute. 
    
    Sincerely, 
    
    Mark 
    
    Mark L. Shurtleff 
    Utah Attorney General   
    -----Original Message-----  
    From: "Radio From Hell" <radiofromhell <AT> x96.com>
    To: Shurtleff, Mark <MSHURTLEFF <AT> utah.gov>
    
    Sent: 2/1/2008 7:31:14 AM  
    Subject: Fw: Ask an Attorney General  
    
    
    
    Thanks for listening,  
    
    Radio From Hell  
    Sent from my PC Laptop  
    
    
    **This E-mail sent from my PC Laptop  
    _____    
    
    From: Jensen, Kevin L SGT RES USAR USARC <kevin.l.jensen <AT> us.army.mil>  
    To: <radiofromhell <AT> x96.com>
    Sent: Thu, 31 Jan 2008 08:05:15 -0700  
    Subject: Ask an Attorney General  
    
    Good Morning, thanks for letting me listen.  
    
    My question for Mr. Shurtleff is as follows...  
    
    What is the status of the legal open carry of firearms at Utah   
    Universities? I have some friends that attend UVSC that have caught   
    some heat for openly carrying on campus while legally permitted. Police   
    Chief John Brewer thinks it is still violating the law even though the   
    students have permits.  
    
    Thank You!  
    
    Kevin Jensen
    "An armed society is a polite society. Manners are good when one may have to back up his acts with his life." Robert A. Heinlein

  2. #2
    State Researcher
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    This bill is currently being drafted and we expect that GOUtah!, USDIN, and other pro-RKBA groups in Utah will be actively supporting it as soon as langauge is available for our review. I know that GOUtah! views this bill as a minor housekeeping / technical clarification bill intended to remove any and all possible ambiguity regarding current law. We do not view it as creating any new privileges nor rights, but simply removing all possible doubt and wiggle room of what current law provides.

    As I often say, when dealing with gun laws, the consequences for mistakes are simply too high for there to be any ambiguity. We must have absolute clarity on gun laws so that citizens, police, prosecutors, and courts alike ALL know exactly what is or is not permitted.

    We encourage all to be prepared to contact your own legislators to support the bill as soon as langauge and bill number are available.

    Charles
    All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thank heaven we do not permit a few to impose anarchy.

    "With Anarchy as an aim and as a means, Communism becomes possible."
    --Marxist.org

    "Communism and Anarchy [are], a necessary complement to one another. "
    --PETER KROPOTKIN, "Anarchism: its philosophy and ideal." 1898.

  3. #3
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    This is good nesw.

    I thank both of you.



    Tarzan

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    :celebrate

  5. #5
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    A comment about the razzing you got from the Radio from Hell guys.

    When people ask me "Why do you want to carry a gun on your hip?", I answer "Lots of reasons, but one of the biggest is so that I don't have to draw it." This draws puzzled looks and gives me a chance to explain that if I carry concealed, I can defend myself, my family and others, but if I carry openly a bad guy who sees my gun will decide to go elsewhere. An unconcealed weapon is a more effective deterrent than a concealed weapon.

    It's a debatable point, but at least it gets them debating, rather than laughing.

  6. #6
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    I know that when Kevin was talking to them they would hardly let him get two words in or he would of said more.
    "When the people fear their government, there is tyranny; when the government fears the people, there is liberty."
    Thomas Jefferson

  7. #7
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    packingmama wrote:
    I know that when Kevin was talking to them they would hardly let him get two words in or he would of said more.
    Yeah, that's why it's good to have a very short reply ready that makes them ask for more detail. "So I don't have to draw it" might have worked. Or not. Just a suggestion for something to try in the future.

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