Kevin Jensen
State Researcher
imported post
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.
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