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SB
256: Carry "Unloaded" Firearms Concealed
Senate Bill
256: Carry "Unloaded" Firearms Concealed
by statutator
David Hinkins, senate district 27, "Republican".
Summary: SB 256 would "allow" adults (21 or
older) to carry concealed firearms in an "unloaded" condition
without a government concealed carry "permit".
Adults could possess concealed firearms
in this "unloaded" condition in areas currently authorized to
concealed carry government "permit" holders only (with the
exclusion of any school or university grounds).
The absurdly offensive inclusion of the term
"unloaded" essentially means that no bullet is in the chamber
or, in the case of revolvers, in a firing position (where a
single action may cause the gun to fire).
Update:
Some have
assumed that the "unloaded" condition requirement was removed
by a senate floor amendment. UT Gun Rights does
NOT concur with this analysis. The amendment simply
removed a redundancy in the bill. The "unloaded"
requirement remains, as Utah statute 76-10-504(2) remains in
effect for those without a government concealed carry
"permit".
Notice that lines 86-87 of SB 256
exempt both
76-10-504(1) and (2) for government concealed carry "permit"
holders, but lines 95-96 only exempt 76-10-504(1) for those
WITHOUT a government concealed carry "permit".
Running it for
real this time? |
Position*: UT Gun Rights
supports this bill as a baby step in the right direction, though it is poorly written and not nearly
as comprehensive as it should be.
One factor in this decision regards individuals who currently
choose to exercise their natural right to carry a concealed
firearm — loaded or "unloaded" — without a government
"permit". Under SB 256, it appears that, in most
instances, they would be less likely to be molested by statute
enforcement agents (SEAs) than they are currently.
*Special Note:
Be aware that in 2013,
governor
Herber joined statutators,
supposed
gun rights champions, and
others
in a grand deception with an identical bill (HB 76 S1).
See the 2013 Utah Government Corruption
Report's article, "HB
76: Political Theater for Suckers."
Status: DEAD. SB
256 passed its senate committee (4
yeas, 1 nay, 1 absent), passed the senate (21
yeas, 6 nays, 2 absent), and died in Greg Hughes'
hand-picked rules committee. See its
bill status page.
To contact your statutators,
click here.
"Reload"
this page to
see latest information.
Last updated: 4/3/15
at 12:20 PM.
Jump Down to Topics:
1. A Baby Step Forward
2. "Loaded" Terms in Statute
3. Your Rights Pre-Exist the Birth of any
Government
4. Utah is Behind More Gun-Friendly
States
5. What Gun Control Opponents Argue
6. Appropriate Action: Contact the Two
Bullies Who Dominate Your Statutators
7. Gary "BB Gun" Herbert Also Trying to
Bully Your Statutators
When it comes to
securing your rights, statutators act like toothless
babies. |
A Baby Step Forward
SB
256 appears to do the following:
1) "Allows" adults (21
or older) without concealed carry government "permits" to
carry concealed firearms in an "unloaded" condition, which
theoretically means no bullet is in the chamber or, in the
case of revolvers, in a firing position (where one action of
the hammer or pull of the
trigger could fire the weapon
— which would
theoretically mean the bullet lined up with the barrel and the
bullet following it).
2) Adults (21 or older)
could conceal firearms in this "unloaded" condition in any
area currently authorized to concealed carry government
"permit" holders — with the exclusion
public buses (see
HB 350),
and
any school or
university grounds.
Note:
Current
federal gun control statute 18 USC 922(q)(1) does prohibit
carrying a firearm
—
openly or
concealed
—
in school zones without a state-issued "license" to include
some type of "[qualification]... under the law". Also
notice that paragraph (3) does not exempt permit holders from
prosecution if they discharge a firearm on a school ground in
lawful self defense of defense of another.
3) Opens the door of
confusion and potential harassment of peaceful gun owners
through use of the term "unloaded".
Will statute enforcement agents (SEAs) be checking to see if anyone is carrying
concealed under the auspices of ensuring that weapons are in
an "unloaded" condition? If so, dangerous situations
could potentially result.
Update:
Some have
assumed that the "unloaded" condition requirement was removed
by a senate floor amendment. UT Gun Rights does
NOT concur with this analysis. The amendment simply
removed a redundancy in the bill. The "unloaded"
requirement remains, as Utah statute 76-10-504(2) remains in
effect for those without a government concealed carry
"permit".
Notice that lines 86-87 of SB 256
exempt both 76-10-504(1) and (2) for government concealed
carry "permit" holders, but lines 95-96 only exempt
76-10-504(1) for those WITHOUT a government concealed carry
"permit".
Back to Topics
"Loaded" Terms in Statute
"Have we got a
'loaded' package deal for
you gun owners!" |
State statute 76-10-502 contains a definition of the term
"loaded":
76-10-502. When weapon
deemed loaded.
(1) For the purpose of this chapter, any pistol, revolver,
shotgun, rifle, or other weapon described in this part shall
be deemed to be loaded when there is an unexpended cartridge,
shell, or projectile in the firing position.
(2) Pistols and revolvers shall also be deemed to be loaded
when an unexpended cartridge, shell, or projectile is in a
position whereby the manual operation of any mechanism once
would cause the unexpended cartridge, shell, or projectile to
be fired.
(3) A muzzle loading firearm shall be deemed to be loaded when
it is capped or primed and has a powder charge and ball or
shot in the barrel or cylinders.
And
state statute 76-10-501 defines "concealed dangerous
weapon":
(3) (a) "Concealed
dangerous weapon" means a dangerous weapon that is:
(i) covered, hidden, or secreted in a manner that the public
would not be aware of its presence; and
(ii) readily accessible for immediate use.
(b) A dangerous weapon is not a concealed dangerous weapon if
it is a firearm which is unloaded and is securely encased.
Therefore, an "unloaded" condition is assumed to be anything other than a
"loaded" condition, though no definition of
"unloaded" is provided in statute or administrative rules (the fourth
branch of Utah government
—
see UT Gun Rights' threat assessment
for HB
37 for more information).
As stated in the
summary, "unloaded" theoretically means no bullet is in the
chamber or, in the case of revolvers, in a firing position
(where one action of the hammer or pull of the trigger could
fire the weapon — which would theoretically mean the bullet
lined up with the barrel and the bullet following it).
In the case of magazine-fed weapons, "unloaded" theoretically
means you could have a full magazine in the weapon, but a
round could not, under SB 256, be chambered.
UT Gun Rights is unsure if there is a disclosure
requirement applicable to this mode of carry if one encounters
a government agent, as would be the case in other statutory
sections dealing with government "permit" carry.
Absent
substantive information against it, however, UT Gun Rights still supports this
poorly-written and weak bill. Again, one factor
in this decision regards individuals who currently choose to
exercise their natural right to carry a concealed firearm —
loaded or "unloaded" — without a government
concealed carry "permit".
Under SB 256, it appears that, in most instances, they would
be less likely to be molested by statute enforcement agents
(SEAs) than they are currently.
Back to Topics
Revolutionary army soldier and practiced philosopher
Thomas Paine. |
Your Rights Pre-Exist the Birth of any Government
The right to defend one's self upon private or shared
(i.e. public) property, either by possessing a weapon openly
or in a concealed fashion, pre-exists government. In other
words, it existed naturally and was freely exercised before
such enslavement statutes and "permits" were imposed.
As pre-eminent American revolutionary Thomas Paine
expressed it,
"Man did not enter into society to become worse than he was
before, nor to have less rights than he had before, but to
have those rights better secured. His natural rights are the
foundation of all his civil rights."
Source:
Rights of Man, Part I, by Thomas Paine in 1791.
Carrying your firearm — concealed or openly — is your right,
NOT a bureaucrat-sanctioned privilege.
Government and private organizations and citizens are not
restricted from OFFERING training. But restrictions upon
natural rights — such as the right to protect one's self —
must be predicated and substantiated upon more than the fear
that an adult MIGHT abuse them in the future.
Back to Topics
Why is
SB
256 so weak? Because Utah gun owners still sit
at the back of the political bus. |
Utah is Behind More Gun-Friendly States
The original
HB 76
in 2013 (from which this bill is modeled) went
significantly further
toward advancing one of UT Gun
Rights' Affirmative
Agenda items. It essentially eliminated the requirement to
obtain a government "license" in order to carry a concealed
weapon.
And why not? Several states (Alaska, Arizona, Vermont,
Wyoming) have done this and several others are attempting it.
Vermont (and therefore Alaska, Arizona, and theoretically
Oklahoma via reciprocity)
allows 16-year-olds to carry loaded concealed (see
additional source).
It is an absurdity that a person carrying openly becomes a
criminal by putting on a windbreaker or jacket. And it
is equally absurd for that person to have to keep her firearm
in an "unloaded" condition.
This bill still appears to move in a positive direction, but
not nearly as much as should be demanded of a statutarium claiming to
be "pro-gun".
Back to Topics
What Gun Control Opponents Argue
Opponents of SB 256 typically argue that allowance for carry of
unloaded, concealed firearms is already addressed for those
who obediently subject themselves to the Utah "permit" system. In theory it is
impossible for the permit information that the state holds to
escape to unauthorized persons.
However, recent events demonstrate a shocking failure of the
state in protecting private information held by the state as
indicated by the
theft of records involving nearly a million people in 2012.
As well, the state may change the statutes and subject permit
holders to public scrutiny as
happened in New York state.
Finally, it was brought to
the attention of gun owners in 2013 in consideration of
HB 317 that state government bureaucrats have many escapes
from prosecution should they fail to protect private records.
Therefore, you may choose to carry concealed by subjecting
yourself to a shameful and degrading invasion of personal
privacy by the state and potential public disclosure of your
information. Or you may carry concealed without a permit
and face arrest, prosecution, and jail time.
Meanwhile,
violent criminals carry knives and loaded firearms concealed
ANY TIME THEY CHOOSE.
Back to Topics
These playground
bullies steal more than your lunch money. |
Appropriate Action: Contact
the Two Bullies Who Dominate Your Statutators
As
the
2013 Utah Government Corruption Report amply demonstrates,
two playground bullies abuse and dominate the house and senate and work
together to destroy your rights:
house speaker
Greg Hughes and
senate president Wayne Niederhauser. Contrary to what you
learned in civics class, your house and senate statutators
merely serve their gun control agenda.
How can two people possibly exercise
such control? As one example, the house speaker and senate
president alone appoint and remove EVERY member of EVERY
committee. Hughes and Niederhauser are empowered to do this
without any review or confirmation process.
Sources: "The general duties of the
Speaker are to:... appoint the members of committees…" (House
Rules 1-3-102. Duties of the speaker) and "The general
duties of the president are to:… appoint the members of
committees…" (SR1-3-102.
Duties of the president)
Consider the vast implications of this
incredible power. No bill may be voted on in the house or
senate without going through a committee. As a result, bills
live or die almost entirely upon the calculated orders of
these two bullies.
Previous House Bully Becky Lockhart candidly
admitted her power to the press:
"I empower [house] committee
chairs..." [bold added]
Source: "Bill
banning enforcement of federal gun laws 'stuck in limbo',"
by Lisa Riley Roche, Deseret News, Feb. 22, 2013.
Lockhart's successor, Greg Hughes, now
empowers the chairs of each house committee because he
appoints and fires them at his will alone, as does
Niederhauser for every senate committee.
Their powers are so extreme, no
provision exists in the house or senate rules to fire these
bullies before their two-year terms are over. They lord over
each body, trade favors, and sell your rights; all while
pretending that decisions are made by the will of the majority
instead of their bullying.
The political buck stops with Hughes and Niederhauser for failing to advance positive gun owner
bills, and for every gun control bill enacted. Until more
statutators are motivated to oppose their power, your rights will continue to be
undermined.
Because your house and senate statutators
merely serve their will and agenda, contacting them is often
just a courtesy call. These two bullies hold the power
over Utah's statutarium ("legislature"):
For House Bully Greg Hughes' contact
information (and the rest of the house statutators),
click here. For Senate Bully Wayne
Niederhauser's contact information
(and the rest of the senate statutators),
click here.
Back to Topics
Executive Monarch
Gary "BB
Gun" Herbert loves gun control.
Click on picture to enlarge. |
Gary "BB
Gun" Herbert Also Trying to Bully Your Statutators
House Bully Greg Hughes and Senate Bully
Wayne Niederhauser aren't the only bullies in Utah's capitol.
Executive Monarch Gary "BB
Gun" Herbert has
again threatened to veto SB 256.
This is no surprise, as Herbert has
repeatedly demonstrated his rabid gun control agenda.
Among other things, Herbert:
* Received an abysmal -100%
on UT Gun Rights'
2013 Utah Government Corruption Report;
* Has publicly promoted
background checks for BB Guns (yes, you read that
correctly); and
* Participated in an
unethical, grand deception to defeat a nearly identical bill
(HB 76 S1 in 2013).
Rather than stand up to Herbert, statutators like supposed
"gun control champion" Curtis Oda are cowing to his
bullying. Oda recently withdrew his nearly identical
bill (HB 260) to
supposedly "work it out" with Herbert.
To those who are observant, this was also no surprise, as
Oda did poorly (-75% rating) on UT Gun Rights'
2013 Utah Government Corruption Report;
sponsored
gun control in 2013 (SB
120: "Turning the State Forester into a Monarch"), in 2014
(HB 276:
"Violence Against Open Carry Gun Owners"), and has already sponsored
HB 37: "Gun Control by
Bureaucrats" this session.
Imagine the wonderful results gun owners can expect
from these upcoming backroom deals with Herbert. Will they be joined by "firearms community" stalwarts like Utah Shooting Sports
Council (USSC) chairman, W. Clark Aposhian, who
appeared to secretively facilitate opposition to HB 76 in 2013?
For Executive Monarch Gary "BB
Gun" Herbert's contact information,
click here.
Other views & opinions to compare and contrast:
GoUtah!,
Utah Shooting Sports Council.
Back to Topics
Click here to go back
to The 2015 Bill Tracking Page: The Good, The Bad, and The
Ugly. |
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