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Thread: Utah To Restrict Carry Permits. You Must Already Have A Permit In Your State

  1. #1
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    Utah To Restrict Carry Permits. You Must Already Have A Permit In Your State

    I just got off the phone with a Utah Bureau Of Criminal Investigations Investigator (BCI). He confirmed that there is a bill in the Legislature, and it is likely to pass, that would require that anyone who applies for a Utah Concealed Carry Permit would have to have a permit in the State in which they reside. This was the result of States threatening to pull their reciprocity with Utah due to folks getting a Utah permit and not getting one from their home State.

    The investigator I spoke with said he believed this would pass the legislature. He told me that BCI was lobbying to have things left as they were but he doubted that would happen.

    I asked him if there would be a “grandfather” clause put in for people who already had their paperwork put in the system and he said “probably”, otherwise it would create a huge problem to refund folks their money and start all over again.

    Their session ends on Feb. 28.

    I expressed my views and those of other instructors to him (that we keep the system the way it is). He agreed, but didn’t think that was going to happen.

    I teach the Utah Course every Sat. at Tyson's Corner, VA and charge $80. If anyone is interested, please go to:

    www.utahconcealedcarryclass.com

  2. #2
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    That Utah Bill probably will NOT Pass.

  3. #3
    Regular Member Sonora Rebel's Avatar
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    Those who cannot obtain a permit in their state by virtue of unconstitutional restrictions will be sorely affected. MD, NJ... HI to name a few. 'Wonder if the UT legislature understands this?

  4. #4
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    Quote Originally Posted by aadvark View Post
    That Utah Bill probably will NOT Pass.
    I hope you're right, BUT, according to BCI it probably WILL pass. It went out of the House unanimously.

  5. #5
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    Actually, the bill, SB 36, as passed by the Senate, applies only to residents of states that honor Utah permits; it would not affect the handful of "people's republics" on each coast (plus IL) that do not honor Utah permits and will probably never do so on their own volition.
    Last edited by JimMullinsWVCDL; 02-01-2011 at 01:23 PM.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  6. #6
    Regular Member Maryland Shall Issue's Avatar
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    Quote Originally Posted by WVCDL View Post
    Actually, the bill, SB 36, as passed by the Senate, applies only to residents of states that honor Utah permits; it would not affect the handful of "people's republics" on each coast.
    Thanks Jim for confirming my "not a lawyer" interpretation of the bill.

  7. #7
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    Quote Originally Posted by Maryland Shall Issue View Post
    Thanks Jim for confirming my "not a lawyer" interpretation of the bill.
    WVCDL did great work on this. Many thanks. Now we just have to wait and see how the fnal bill shakes out.

  8. #8
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    Quote Originally Posted by WVCDL View Post
    Actually, the bill, SB 36, as passed by the Senate, applies only to residents of states that honor Utah permits; it would not affect the handful of "people's republics" on each coast (plus IL) that do not honor Utah permits and will probably never do so on their own volition.
    My understanding is that it will only apply to those residents of states that are SHALL ISSUE as well.... We shall see what specific language is in the bill IF IT PASSES.

    I am opposed to this bill, personally. If another state doesn't like the fact that their residents carry in thier home states with a Utah non-resident permit THEN CHANGE THE LAW IN THAT STATE to require that their residents have that states permit.--- problem solved! Of course, the most equitable solution would be a nationwide elimination of the need to have a permit to carry in any manner! --- Shall not be infringed means SHALL NOT BE INFRINGED!

  9. #9
    Regular Member xmanhockey7's Avatar
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    Seems to me if you live in a state where you cannot get a permit (whether it be because they won't issue you one due to may issue or because your state has no permitting process) you should still be allowed to get the Utah. If you are in a "shall issue" then you cannot carry in your own state.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

  10. #10
    Activist Member swinokur's Avatar
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    The law does not apply to states that don't recognize the UT permit. They will issue if you live in a state that does not recognize UT and you cannot get a permit from your home state.
    Last edited by swinokur; 02-24-2011 at 07:41 AM.

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