Metro Security

Lund v Salt Lake City (2008) US District Court Civil No. 2:07-CV-0226BSJ MEMORANDUM OPINION & ORDER (Fed. R. Civ. P. 56)

Footnote 9

By itself, mere possession of a firearm in public is not unlawful and may well represent the exercise of a fundamental constitutional right guaranteed by the Second Amendment to the United States Constitution and Article I, § 6 of the Utah Constitution (recognizing the “individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes,” subject to the power of the Legislature to define the “lawful use of arms.”). See District of Columbia v. Heller, 128 S. Ct. 2783, 2799 (2008) (“There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms.”); see also Utah Code Ann. §§ 76-10-500 to 530 (2003 & Supp. 2008) (Utah Firearms Act). In Utah, the carrying of a concealed weapon on one’s person in public is a matter of State licensing and regulation, and is routinely permitted pursuant to the applicable State statute. See Utah Code Ann. §§ 53-5-701 to 711 (Supp. 2008). The legislature has explicitly denied local governmental entities such as Salt Lake City the power to limit or restrict possession of a firearm on public property: “Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on either public or private property.” Utah Code Ann. § 53-5a-102 (Supp. 2008); see University of Utah v. Shurtleff, 2006 UT 51, ¶ 11, 144 P.3d 1109, 1113 (observing that the enactment of § 53-5a-102 in 2004 “dramatically altered the legal landscape, rendering it clear that Utah’s firearms statutes are universally applicable”). The legislature has authorized municipalities only to “regulate and prevent the discharge of firearms, rockets, powder, fireworks or any other dangerous or combustible material.” Utah Code Ann. § 10-8-47 (2007).

As articulated by the Utah Legislature, public policy in this State may fairly be read to condone and even encourage gun ownership and the lawful possession and carrying of firearms in public places. Salt Lake City’s asserted governmental interest in its police officers’ response to a report of a “man with a gun” in a public park cannot be weighed in isolation from this oft-emphasized public policy. In that context, there may well be more individual constitutional rights at stake than the Fourth Amendment freedom from unreasonable searches and seizures.

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I was approached by Aaron Theriault who asked me to talk with him about my firearm. I declined to talk with him and continued looking at the exhibits with my familly

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you guys often find trouble when you carry? Seems like I never do.



WTF?

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Well I spoke with the City Prosecutor today and had the cased screened. The officer who took the report was biasedagainstOC. He put it in as a civil case not a criminal case. Also did not investigate the case or put any information I had given him in the report.

I hope to hear back soon from the city prosecutor soon also the case will go civil waiting to hear back from the Attorney.I hope by doing this it will help build case law for Utah In reguards to Private Security Detaining others. I hope that this sends a clear message that citizens have rights andshould not allow private security to allow them to be badgered.

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I spoke with the city prosecutor who will screen charges.

Also the owner of this company could care less about Utah law. Mr Gunn does not care to discuss this with me or do anything about this happening. I have spoke to a civil attorney and hope to proceed with a Civil Suite.

Thanks
Zach

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