No, they trying to push the one below on me + they believe that I am in VIOLATION of my CFP due to the fact that I OCed while having a CFP.
TJ, is this the law that WVC was trying to pin on you last week?
His reasoning was the following (which he highligted in yellow for me)
D. "Concealed" means that which is covered, hidden, or secreted in a manner that the public would not be aware of its presence and is readily accessible for immediate use.
I agreed with him that this IS the defintion of a CONCEALED WEAPON and NOT the definition of concealed Firearms PERMIT. ( Because there is NO definition of what a CFP is, even the AG said so himself).
Utah State Legislature
House Law Enforcement and Criminal Justice Committee
House Bill 473 (H.B. 473
Thank you. Good to be here. Attorney General Mark Shurtleff. Yes, see
we’ve have had several questions arise among a number of law enforcement agencies as
to whether if you have a concealed weapon permit you can then carry open loaded. And I
was asked by several to take a look at this. And in looking at it it became clear to me that
that, number one, that there is not a definition in the weapons law of what a concealed
weapons permit is, number one. Number two, there does seem to be some confusion that
can be interpreted by some, in fact some law enforcement agencies have decided to
interpret the statute because there is not a clear definition of a concealed weapon permit,
they have interpreted it as to mean that you cannot carry open loaded if you have a
concealed weapon permit. So my recommendation was to clarify it so everybody knows
up front what the law is and we can be clear about it across the state."
(Thank you, Outsider,for the Transcript BTW)
And not only that. Officer Smith said that I would not be able to OC loaded EVEN as a CHP holder per 76-10-505
Sure, 76-10-523. says I am. But I guess never argue with an officer EVEN if h/she is wrong.
the AG Mark Shurtleff,
My understanding from the
Department of Public Safety is that they interpret it to mean that, indeed, the law is that if
you have a concealed weapon permit you are exempt from all weapons laws and you can
carry it open loaded. But there have been other local jurisdictions who have interpreted it
otherwise so they’re stopping people and creating a problem. So I think that, my
recommendation was to clarify it up front. That is the best thing you can do."
76-9-102. Disorderly conduct.
(1) A person is guilty of disorderly conduct if:
(a) he refuses to comply with the lawful order of the police to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or
(b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he:
(i) engages in fighting or in violent, tumultuous, or threatening behavior;
(ii) makes unreasonable noises in a public place;
(iii) makes unreasonable noises in a private place which can be heard in a public place; or
(iv) obstructs vehicular or pedestrian traffic.
(2) "Public place," for the purpose of this section, means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
(3) Disorderly conduct is a class C misdemeanor if the offense continues after a request by a person to desist. Otherwise it is an infraction.
Amended by Chapter 20, 1999 General Session