Open Carry in Utah

Here's something I wrote a while ago and wanted to put it out there "just in case" someone might find it useful (or in case someone smarter than me wants to pick it apart and embarrass me):

Disclaimer: IANAL!

I’d like a chance to explain why I maintain that it is already legal to open carry in most parts of the state, including the University campus as long as you have a 53-5-704 permit (a.k.a. CWP). Utah Code Title 76 Chapter 10 contains "Offenses Against Public Health, Safety, Welfare, and Morals." Most of the sections dealing with weapons or firearms aren't relevant to the current open carry on campus debate, but I'll list them here just to be thorough. They prohibit carrying a firearm or weapon under the following conditions: concealed (504), loaded (505), on or about school premises (505.5), with intent to assault (507), by minors (509), while under the influence of alcohol or a controlled substance (528), within a secure area of an airport (529), or in a house of worship or private residence after notice has been given (530).

In case you didn't catch it the first time, 76-10-504 prohibits "a person without a valid concealed firearm permit" from carrying a concealed weapon, and 76-10-505 says "unless authorized by law, a person may not carry a loaded firearm," but there's no law against carrying an unconcealed, unloaded firearm (a.k.a. open carry). This nation is ostensibly still a free land, which means that if there's not a law against doing something (like carrying an unconcealed, unloaded firearm), we use a certain word to describe that action. We call it "legal." That, boys and girls, is why open carry is legal in most parts of the state.

The University of Utah falls under a special circumstance addressed in 76-10-505.5, so let's examine that section closely. The law says:

(1) A person may not possess any dangerous weapon, firearm ... at a place that the person knows, or has reasonable cause to believe, is on or about school premises ...
(2) … (b) Possession of a firearm … on or about school premises is a class A misdemeanor.
(3) This section does not apply if: (a) the person is authorized to possess a firearm as provided under Section 53-5-704, 53-5-705, 76-10-511, or 76-10-523, or as otherwise authorized by law; ...

Does anyone remember which section of Utah Code authorizes CWP? 53-5-704. And 76-10-505.5 clearly states that "this section does not apply if the person is authorized to possess a firearm as provided under Section 53-5-704," so there you have it. It's as plain as the nose on your face. There is no law that says I can't "possess any ... firearm ... on or about school premises" (notice there's no mention of concealed vs open here) as long as "the person is authorized to possess a firearm as provided under Section 53-5-704..."

An astute person might ask what exactly 53-5-704 "authorizes." I know I did. 53-5-704 (1)(b) states "The permit is valid throughout the state for five years, without restriction, except as otherwise provided by Section 53-5-710." I can just imagine the glimmer in John Morris' eyes, "Aha! So there are restrictions!" Yes, but none that will give the U a legal leg to stand on. I'll let you continue farther down the rabbit hole unassisted, but (sorry to ruin the surprise) is all you'll find is a narrowly-tailored exception that allows the University of Utah to create a single secure area for a hearing room.

"Throughout the state" and "without restriction" are strong words, but still, I'm willing to concede the point if and when someone can answer one simple question for me: Exactly which law would I be violating by open carrying on campus? If you can tell me under which title, chapter, and section of Utah Code I'd be convicted, I'll drop the whole matter right now. Any takers? President Young graduated from Harvard Law School, Fred Esplin was a White House intern, John Morris is a real live lawyer, and even Spencer "Dear Leader" Pearson wrote a touching letter about how bad HB 473 is. All these people are clearly much smarter than I am, so I’m hoping that at least one of them can answer my simple question. Just to be on the safe side though, until that little question is cleared up, please quit pretending that the U has authority to prohibit open carry on campus.

William F. Buckley, Jr. had it right when he said, "I am obliged to confess I should sooner live in a society governed by the first 2000 names in the Boston telephone directory than in a society governed by the 2000 faculty members of Harvard University" and the same is true of the University of Utah faculty and me.

Things that travel 1300 fps

That's probably as good of a 34-second summary of my views on gun control as you're going to get (right down to the headband- and peace-sign-wearing hippy liberal gun-grabber).

Simply put, I believe that the true meaning and correct interpretation of the Second Amendment is as a safeguad to "the right of the people to keep and bear arms"

I hope that the Supreme Court will validate my understanding of the Second Amendment when they rule on the DC vs Heller case.

I've been fairly involved in the dispute that the University of Utah has had with the state over whether they can / ought to restrict Concealed Weapon Permit (CWP) holders from carrying their self-defense firearms on campus. I even started a student club called the Second Amendment Students (you can email secondamendmentstudents@gmail.com for more info). I am an advocate for allowing students with CWPs to carry their self-defense firearms on campus (A.K.A. - at least if you work for / agree with the Brady Campaign - a gun nut, gun-o-phile, knuckle-dragger, and so-on-and-so-forth, including many names that will not be reprinted here). Students for Concealed Carry on Campus (SCCC) has a website at http://www.concealedcampus.org/ which discusses the same issue. An impartial observer would have to conclude that they are much more articulate and well-organized than I am, so please don't let my ramblings detract from the argument they make so well.

In ending today's posts, let me just say that what follows is a startling example of someone who has the Bill of Rights completely bass-ackwards:

If ever there existed 84 seconds of Q&A that should absolutely disqualify someone from becoming POTUS, that's it.