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62: Gun Control by Bureaucrats
SB 62: Gun Control
by Unelected Bureaucrats
Threat briefing last updated:
2/19/20 at 8:20a
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Summary:
Senate Bill 62 (SB 62) reauthorizes numerous
"administrative rules" created by unelected bureaucrats (aka
"employees") that have the same effect as state statute. These
include gun controls and other subversions of your natural
rights.
SB 62 demonstrates the
lackadaisical, lazy, and compliant nature of Utah's
statutators (aka "legislators"). Rather than rein in these
out-of-control
bureaucrats, they prefer to reaffirm their
corruption.
Position: UT Gun
Rights opposes this bill.
Status:
Alert!
This bill
passed
the entire state senate, and is being pushed by
"leadership" through the state house. See its
bill status page. Find
and contact your
house,
senate, and
executive branch
officials.
Sponsors:
Jacob
Anderegg ("Republican") in the senate and
Marc Roberts in the house.
Jump down to any topic:
1. Unelected Bureaucrats Make HALF of
Utah's "Laws"
2. Legislators Approve
Their "Laws" Every Year
3.
"Spotlighting" Gun Owner Entrapment
4. Disarming
Foster Parents
5. Lowest Evidentiary Standard Invoked to Deny Concealed Carry
"Permits"
6. Appropriate
Action
Click on picture to
enlarge. |
1.
Unelected Bureaucrats Make HALF of Utah's "Laws"
Most Utahans are entirely unaware of the
existence of Utah's 4th Branch of Government. Yet this
is where the real
power resides.
This 4th Branch is composed of full-time hordes of unelected
state "employees," or "bureaucrats," who are in
intimate league with
corrupt special interests.
This bureaucratic corps busily and tirelessly saps the foundations of your natural rights.
They outgun your puny, part-time legislators, have the
patience to outlast them, and know all the tricks of the
trade.
The following page exposed the
power of this 4th branch, and, unsurprisingly,
has since been removed from the Administrative Rules website:
"Administrative Rules
-- The Other Half of Utah's Codified Law
Approximately one half of Utah's
codified law is written by state agencies."
Source: "Administrative Rules Affect You!" still
available via
WayBack Machine's Internet archival service.
Did you get the significance of
that? Half of Utah's codified statutes were
written by people other than your elected officials.
Here's how this rules-making process works in a nutshell:
When the statutarium (aka "legislature") and Gary "Fudd" Herbert impose a
statute, various unelected bureaucrats get together and "interpret" how
government agencies will apply those statutes in the real
world.
"…A properly enacted
administrative rule has the binding effect of law. Therefore,
a rule affects our lives as much as a statute passed by the
legislature, restricting individuals AND the agency that
issues it."
Source:
ibid
These "rules" cover
everything from
taxpayer-funded abortion-on-demand to gun control (see
examples in Topics 3-5 below).
These crafty concoctions circumvent the
checks and balances that are supposed to exist in a republican
form of government.
Utah's rule by
bureaucracy is a trademark of the apparatus typically
perpetrated by tyrannical communist
regimes. For an example, see
discussion of "Nomenklatura".
To get to know Utah's 4th Branch of Government,
see links to
existing Utah Administrative Code and a
glossary of terms this bureaucratic army utilizes.
Back to
Topics
The Utah legislature...
where spineless frauds and pretenders approve
bureaucratic gun control annually. |
2.
Legislators Approve Their "Laws" Every Year
The only effective check on these
"administrative rules" is that the Utah statutarium
(aka "legislature") must annually approve or reject them, or a
court must strike them down. That's it.
SB 62 gives blanket approval to ALL
of these "administrative rules" — including the gun controls
outlined in Topics 3-5 below. And not just gun controls,
but a host of other abominable excrement.
Make no mistake. Every statutator (aka "legislator") votes to approve or disapprove these gun controls
before the current general session ends on March 12, 2020.
To learn who manages Utah's regime, watch how your
legislator bends over for his/her real masters on SB
62.
Back to
Topics
3. "Spotlighting" Gun
Owner Entrapment
As one example, under
"administrative rule"
R657-11-133, the statutory definition of "spotlighting"
(i.e. using a spotlight to hunt, which is illegal) is expanded
to make people vulnerable who,
"...use or cast the rays of any
spotlight, headlight, or other artificial light to locate
protected wildlife while having in possession a firearm or
other weapon or device that could be used to take or injure
protected wildlife..."
Or who,
"...use... a spotlight or other
artificial light in a field, woodland, or forest where
protected wildlife are generally found...."
In other words, an open carry
camper on his way to the outhouse at night while using a
flashlight is not only "spotlighting," but must rebut the
charge that he is "spotlighting" even if he did not kill, or
attempt to kill, any animal.
This "administrative rule" makes
that camper increasingly vulnerable to being detained,
arrested, charged, and convicted of "spotlighting," and having
his/her firearms confiscated.
Back to
Topics
4. Disarming Foster
Parents
According to "administrative rule"
R501-12-7, foster parents who do not have a concealed carry
"permit," and who do not have their firearm on their person,
must essentially live in a disarmed, or criminally-vulnerable,
home environment.
From the "rule" language, with bold
added and commentary in italicized brackets:
(6) Firearms, ammunition, and other
weapons shall be inaccessible to children
[i.e. they must be inaccessible to the owner defending his
home as well]. Foster parents shall not provide a
weapon to a child or permit a child to possess a weapon except
as outlined in Sections 76-10-509 through 76-10-509.7.
(a) Foster parents do not have the
authority of a parent or guardian under Section 76-10-509.
[Not only do they have no "authority" over the children, but
over themselves as well.]
(b) Firearms may be stored
together with ammunition only in a locked container
commercially manufactured for the secure storage of firearms.
[Perfect place for them when a violent gang invades your
home in the middle of the night.]
(c) Firearms not stored in a
locked container commercially manufactured for the secure
storage of firearms shall be unloaded and securely locked.
Ammunition for these firearms shall be kept securely locked in
a separate location. [There goes your response
time to a violent home invasion.]
(i) The locked storage for
firearms and ammunition shall not be accessible through the
same keys or combinations. [Try fumbling with
different keys while thugs are coming down the hallway.]
(ii) Keys and combinations utilized
to open locked storage for firearms and ammunition shall not
be accessible to a foster child. [Better keep your keys on
you when you sleep.]
(d) Firearms may be stored in display
cases only if unloaded and rendered inoperable through the
effective use of trigger locks, bolts removed, or other
disabling methods. [Try re-assembling your firearm at 3am
under threat of losing your life.]
(e) This does not restrict an
individual's rights regarding concealed weapons permits
pursuant to UC 53-5-704. [A government permission slip doesn't
quite cut it. Will you carry to bed?]
Who came up with these absurd rules? Unelected
bureaucrats who enjoy promoting gun control.
Foster parents are not offered special, free, safety training,
for the public service they theoretically provide.
Rather
Utah's bureaucratic class is dedicated to preventing
innocent gun owners who should have already passed a thorough
background check in order to become foster parents, from
protecting themselves and the children in their charge.
Back to
Topics
"Due process" is
whatever Utah's unelected bureaucrats say it is. |
5. Lowest Evidentiary Standard Invoked to Deny
Concealed Carry "Permits"
In American civil (ie. NOT criminal) proceedings, there are
three potential "evidentiary standards," or levels of burden
which a prosecutor must "satisfy," in order for the court
(jury or jury-less) to rule against the accused/defendant.
The least protective standard for the accused is
"preponderance of the evidence." Here is one explanation
of this standard:
"This standard requires the jury to return a judgment in favor
of the plaintiff [aka "prosecutor"] if the plaintiff is able
to show that a particular fact or event was more likely than
not to have occurred. Some scholars define the preponderance
of the evidence standard as requiring a finding that at least
51 percent of the evidence favors the plaintiff’s outcome."
Source: "Evidentiary
Standards and Burdens of Proof," Justia, May 2019.
As UT Gun Rights discussed in
Courts of InJustice
versus Clark Aposhian, courts can easily be filled with
the testimony of government agents from various agencies.
If two or more agents testify that you, the accused/defendant,
should not have a concealed carry "permit," and your testimony
is all you have in your defense, guess who wins the 51%
challenge under "preponderance of the evidence"?
The two higher evidentiary standards are "substantial
evidence" and "clear and convincing evidence". Either of
these theoretically provide increased protections for the
rights of the accused/defendant.
Of these three evidentiary standards, guess which one Utah's
unelected
bureaucrats chose when it comes to "hearings" for gun
owners whose concealed carry "permits" have been
denied/revoked?
You guessed it: According to "administrative rule"
R722-300-10. Review Hearing Before the Board,
"preponderance of the evidence," the lowest, most pathetic
"standard."
Isn't it wonderful to live in a state where gun owners are
compelled to obtain a government permission slip to exercise
their natural rights? And then, when accused of
something, to be hauled in front of an unelected, jury-less,
bureaucratic court to suffer under the lowest standard of
protection available?
Is anyone still amazed that
Utah is arguably the fraud capital of America?
Back to
Topics
6. Appropriate Action
SB 67
has
passed
the entire state senate, and is being pushed by
"leadership" through the state house. See its
bill status page.
Barring a very concerted and immediate effort by Utah's right-to-keep-and-bear-arms community,
it will
be enacted by the powerful and corrupt
special interests that dominate the administrative rules
process.
More Utahans need to comprehend how
house speaker Brad Wilson and
senate president Stuart Adams are running roughshod
over their state legislators. These two tyrants set the
rules, dominate the entire process, and coerce others to bow
to their whims and wishes.
Learn more by reading, "Two
Bullies Steal Your Rights." UT Gun Rights will
provide additional resources in the near future.
For actions you can
take right now, see the article, "What
You Can Do."
And keep watching UT Gun Rights'
2020 Bill
Tracking Page: The Good, The Bad, & the Ugly for
critical updates on general session bills.
Back to
Topics
Click here to go back
to The 2020 Bill Tracking Page: The Good, The Bad, and The
Ugly. |
