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Bill: Openly carrying gun not disorderly conduct (UT)
heraldextra.com ^ | 30 January, 2012 | Billy Hesterman

Posted on 01/30/2012 6:33:04 PM PST by marktwain

SALT LAKE CITY -- A House committee gave the green light to a bill that would clarify that a person cannot be charged with disorderly conduct for simply carrying a gun openly.

"We are trying to just clarify what disorderly conduct is when there is firearm involved," the bill's sponsor Rep. Paul Ray, R-Clearfield, said.

Ray's bill states that openly carrying a firearm in public would not be disorderly conduct. Rather, the person would need to commit some sort of questionable act to be charged with disorderly conduct.

"They can't write me a citation just because I'm carrying a weapon," Ray said.

The bill deals directly with two firearms issues that have taken place in Utah County in the last few years. The bill, if it had been a law then, would have prevented a situation that took place at Utah Valley University in 2010 in which a student was stopped by campus police for openly carrying his gun on campus.

The student was hanging a banner at the school when fellow students noticed his gun. The students alerted campus police that a man had a gun on campus. Police asked him to conceal his weapon, which he did, until it was clarified whether open carry was allowed on UVU's campus. Under Ray's proposal the student wouldn't have been questioned because he didn't commit any questionable behavior.

The bill also would have clarified another incident dealing with firearms that took place at the University Mall in 2011. A man was seen carrying an assault rifle across the mall parking lot and was initially released because it was found his weapon was unloaded and that he was not breaking any laws. He was later cited with disorderly conduct.

(Excerpt) Read more at heraldextra.com ...


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: Utah
KEYWORDS: banglist; constitution; opencarry; ut
It is insane that exercising a constitutional right would be considered disorderly conduct. Apparently this proposal would make it disorderly conduct to carry a rifle openly. Perhaps someone will post pictures of Israeli and Swiss openly carrying rifles.
1 posted on 01/30/2012 6:33:14 PM PST by marktwain
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To: marktwain

“Rather, the person would need to commit some sort of questionable act to be charged with disorderly conduct.”

The trouble is that by itself “disorderly conduct” is a very ambiguous charge.

“Disorderly conduct is a criminal charge in most jurisdictions in the United States. Typically, disorderly conduct makes it a crime to be drunk in public, to “disturb the peace”, or to loiter in certain areas. Many types of unruly conduct may fit the definition of disorderly conduct, as such statutes are often used as “catch-all” crimes. Police may use a disorderly conduct charge to keep the peace when people are behaving in a disruptive manner to themselves or others, but otherwise present no serious public danger.”

So a police officer could say that someone with a gun was under arrest for “disorderly conduct”, contriving any reason the officer wanted, when in fact he was arresting him for having a gun in public.

Such arrests in past were called “loitering with intent to gawk (stupidly gaze).”


2 posted on 01/30/2012 6:46:58 PM PST by yefragetuwrabrumuy
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To: yefragetuwrabrumuy

The “Libs” will keep picking away, complaining, harassing, lying, cheating and doing what ever they can to get guns out of law abiding citizens hands. They want guns “gone”, PERIOD!

The preservation of our very nation depends on private gun ownership. Without guns, it would be MUCH, MUCH easier for the “gov” (Libs) to control the people.

A second revolution is in the making, I am almost certain of that. Be prepared!


3 posted on 01/31/2012 5:28:36 AM PST by DaveA37
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To: Progov

As an aside, and this is an oddity, I am convinced that a sizable minority of gun control fanatics have a phobia called “phonophobia” - the fear of loud noises.

That is, while they may not admit it even to themselves, they are terrified of the *anticipation* of loud, unexpected noises.

While most people are surprised by loud, unexpected noises, which they might find to be startling, they quickly relax. But a phobic is less frightened of the actual noise than they are of its unexpected nature.

Thus, if they see a gun, even under benign circumstances, they experience a sense of instinctual panic from anticipating the noise if it is fired.

Importantly, this is different from the neuroses of other gun control types, such as Bloomberg, who has a deep and anti-social mental illness that things that have a negative effect on him personally should be banned for everyone.

For example, the food he eats is so salted that other people find it inedible, and his doctors have warned him that eating that much salt is unhealthy. So his response is to want to limit salt for everyone else, while he still eats as much of it as he wants.

A similar situation with smoking and cigarettes. They are bad for him, so nobody else should be allowed to have them.

He also has a deep fear of being assassinated, so he surrounds himself with a phalanx of heavily armed bodyguards, and is likely armed himself. Which is why he is so adamant about denying guns to anyone else.

One New Yorker said that he prayed that Bloomberg never had a bad experience with sex or bowel movements.


4 posted on 01/31/2012 7:16:40 AM PST by yefragetuwrabrumuy
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