UT: Legislature says: Open Carry is not Disorderly Conduct

Gun Watch ^ | 15 March, 2014 | Dean Weingarten

[marktwain]

There has been an ongoing debate in the Utah legislature about the open carry of firearms.   Some people have been arrested for openly carrying holstered firearms.  Open carry is legal in Utah.  The charge has been, as it was in Wisconsin five years ago, "Disorderly Conduct".

Disorderly conduct tends to be a catchall phrase that is used to crack down on conduct that is not illegal, but that the police disapprove of.  Being arrested can be a significant punishment.   The Wisconsin AG eventually ruled that openly carrying a firearm is *not* disorderly conduct by itself.   Police departments paid out several settlements to people that they had charged with disorderly conduct.

Wisconsin then passed a shall issue law for concealed carry, one of the least restrictive in the nation.  As part of that law, the legislature clarified, in statute, that openly carrying a gun was *not* disorderly conduct.    From Wisconsin ACT 35:

35,21

66.0409 (6) Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, no person may be in violation of, or be charged with a violation of, an ordinance of a political subdivision relating to disorderly conduct or other inappropriate behavior for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried. Any ordinance in violation of this subsection does not apply

The State of Utah enacted its shall issue law long before Wisconsin.  It had state constitutional protection of the right to keep and bear arms long before Wisconsin.   It lacked statutory protection of open carry.   The bill that passed the legislature on 13 March, to clarify that open carry is not disorderly conduct, moves Utah toward a Wisconsin level of protection of the right to keep and bear arms.

Here is the Wisconsin Constitutional provision:

Article I, Section 25
The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.

Here is the Utah Constitutional provision:

 Article I, Section 6
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 shall not be infringed; but nothing herein shall prevent the legislature from defining the lawful use of arms.

The Wisconsin provision, passed in 1998, is more protective, it does not carve out an exemption for the legislature to define what is lawful and what is not.  

 Here is the Utah wording to clarify that open carry is not disorderly conduct.  Utah bill HB0276:

             43

         (3) The mere carrying or possession of a holstered or encased firearm, whether visible

             44

     or concealed, without additional behavior or circumstances that would cause a reasonable

             45

     person to believe the holstered or encased firearm was carried or possessed S. [

unlawfully or

] .S

             45a

     with

             46

     criminal intent, does not constitute a violation of this section. S. [

For purposes of this section, the

             47

     belief of a reasonable person may not be based on a mistake of law.

] .S Nothing in this Subsection

             48

     (3) may limit or prohibit a law enforcement officer from approaching or engaging any person in

             49

     a voluntary conversation.

The reform is now headed to Governor Gary Herbert's desk.   Governor Herbert vetoed a constitutional carry bill in September of 2013.    Governor Herbert has 10 days, not counting the day he receives the bill or Sundays, to sign or veto the bill.  If he does not veto it during that period, it becomes law.  If the legislature adjourns before the law is signed, and it is not vetoed, it becomes law 20 days after adjournment.


©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
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[marktwain]

There have been several court findings that open carry is not disorderly conduct, in and of itself.

[LegendHasIt]

Wow.

I just can’t think of a useful comment or a good snark.

[marktwain]

How about: I hope Herbert doesn’t flub this like he did constitutional carry.

[RKBA Democrat]

This is even a question?

[marktwain]

“Disorderly Conduct” has been used as a way to chill the exercise of second amendment rights for at least 50 years that I know of.

It has become well known in the last decade.

http://www.freerepublic.com/focus/news/2187573/posts

[Cyber Liberty]

Who are they kidding? I’ve had cops tell me on FR DisCon applies to anything you do that the cops don’t like when they want to just shut you up. Failure to grovel? Disorderly Conduct. Next stop, fingerprints and DNA sample. You are no longer innocent, you are in the system. You are now officially a criminal in the criminal system. Years from now, when you are a good father or grandfather, you suddenly become a suspect in a crime you never heard of. All because of a time pne bully cop decided, all on his own, you failed to show him proper “respect.”

That’s how they roll. The intent is to make every single “little person” into a criminal they have a record of.

[Cyber Liberty]

It’s used as a method to chill the exercise of every right known to man. They’re cops, its what they do. It’s their job, and they love it.

[Dead Corpse]

Good. I nope this spreads to other States.

Mine would be nice. Open carry is much more comfortable...

[Dead Corpse]

Nope should have been hope.

My iPad hates me sometimes...

[RKBA Democrat]

“Mine would be nice. Open carry is much more comfortable..”

So why not start? Looks like MN is a OC with a license state. Opencarry.org has a forum on MN.

10 years ago, OC was relatively unusual in VA. It’s getting more common with time.

[Dead Corpse]

Actually. I have. Just in areas where I know local law enforcement is ok with it and won’t harass you for it.

Would like to hit an Open Carry picnic this summer if I can. I know there was a local group that had their event in a popular downtown park (Como Zoo in St. Paul).

[Jet Jaguar]

Bump