imported post
House Bill 78 adds a clause to 76-10-506 that specifically states that Open Carry is authorized. Since Open Carry is legal by default because it is not declared illegal, I do not see a reason for this type of language. It does include some revisions that clean up some confusing language in the law so, in the words of O'Reilly, "What say you?""
SERIOUS problem. Open Carry is "constitutional" (Govt shall not infringe...) under the US and States Constitutions. All firearms laws are unconstitutional that prohibit posession anywhere.
ITs about the right to have ones posessions, not about firearms. What theyve done is seize your property, then "graciously given it back to you".
It is EXTREMELY bad when law usurps that right like Utah 76 has, then the State pretends to have the authority to ALLOW you to open carry. The problem is that this law is usurping the Constutional Rights and subverting them under law, where they can tamper with it at will.
Previous 76-10-505 read:
" 76-10-505. Carrying loaded firearm in vehicle or on street.
(1) Unless otherwise authorized by law,
a person may not carry a loaded firearm:
(a) in or on a vehicle, unless:
(i) the vehicle is in the person's lawful possession; or
(ii) the person is carrying the loaded firearm in a vehicle with the consent of the person lawfully in possession of the vehicle;
(b)
on a public street;... "
They cant do that. That shreds the Constitution(s).
HB 78 DOES NOT fix the problem because they have still subverted the Constitutions and are taking hold on the matter in law. It only appears to solve the problem. Yes its now "legal" to OC, but po
ssession is not/should not be "legal." It should not be illegal either. Law should have no hold on the question (except for reckless, assault etc - harming another person) and thats not about a posession called a firearm, thats about assault.
Take a look (like I am now before a trip to NV) at Oregon, Idaho and Nevadas laws. Not a word about open carry / street /vehicle. These states are "hands off".
Im SHOCKED that Utah, with the large population of LDS have ignored the Constitutions especially recalling the history of the LDS being persecuted and killed in the Midwest.
I see this has not passed yet. I hope you all flood the Legislature with letters.
EDIT. I just searched bills that passed last year (2009) and found this:
http://le.utah.gov/ASP/RelatedBill/similar.asp?scode=03071&Year=2009
"
76-10-505. Carrying loaded firearm in vehicle or on street.
69 (1) Unless otherwise authorized by law, a person may not carry a loaded firearm:
70 (a) in or on a vehicle[;]
, unless:
71
(i) the vehicle is in the person's lawful possession; or
72
(ii) the person is carrying the loaded firearm in a vehicle with the consent of the
73
person lawfully in possession of the vehicle;
74 (b) on [any] a public street; or"
Theres a juicy escape....
" 74 (b) on [any]
a public street; or" "
The word "any" means exactly that, prohibited on ALL streets.
The word "a" is a definite article which refers to one particular street. WHICH ONE?
Since that is not specified, it is too vague to enforce. Does "street" include a sidewalk? Last I checked people didnt drive on sidewalks. At least I hope not...