Attorney, lawmakers: Get used to seeing guns in the open
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No Comments [ Add Comment ]By LORETTA PARK
Standard-Examiner Davis Bureau
lpark@standard.net
Bill clarifies concealed weapon-permit law
SALT LAKE CITY -- Utahns should get used to seeing people wearing guns in the open, a local attorney says.
Mitch Vilos, of Centerville, supports House Bill 473, sponsored by Rep. Curt Oda, R-Clearfield.
"It's high time Utahns get used to seeing people carrying guns," said Vilos, who is also a concealed weapon-permit instructor.
Oda's bill is designed to clarify current law and would specifically allow holders of concealed weapon permits to carry their firearms in the open.
The House Law Enforcement and Criminal Justice Committee unanimously passed the bill last week.
Oda expects the bill will be debated on the House floor this week. He said he expects the bill to pass, but doubts more people will carry their handguns in the open as a result.
"This bill doesn't mean you have to carry (a gun) in the open, nor does it mean you have to carry it loaded," he said.
The bill is to protect those who wear a handgun in a holster under a jacket or who carry it inside a purse, in the event that someone inadvertently sees the firearm, Oda said.
"Should that be considered brandishing a weapon or threatening someone with a firearm?"
Attorney General Mark Shurtleff said in the committee meeting that several law enforcement agencies interpret the current law differently.
"It is very clear in Utah anyone can carry an unloaded weapon in the open," he said.
Being unloaded means not having ammunition in the chamber, but the weapon can have a full magazine, Shurtleff said.
Concealed weapon-permitholders can carry a fully loaded weapon as long as they have the permit, he said, but some law enforcement agencies have interpreted the law to mean permit holders need to keep their weapon totally concealed.
"You are concealing it and your jacket comes open or whatever," Shurtleff said, "are you in violation of the law?"
That's where the confusion comes in, he said.
If someone has a concealed weapon permit and the handgun is visible, there is a worry law enforcement could file charges, Oda said.
Vilos said the consequences of such a charge are severe and people could lose their permit.
"If a person has their gun in a holster and is peaceable and not threatening anyone, there is no reason to freak out," he said.
The bill "just clarifies the law," Vilos said. "It's a no-brainer."
Permit holders can carry their firearms just about anywhere except in courts, post offices and federal buildings.
Sen. Jon Greiner, who is also Ogden's police chief, said concealed weapon-permit holders need to be aware of today's society and not wear their guns to alarm others.
He understands why other agencies went to the Attorney General's Office to clarify the law, but as to wearing loaded guns in the open, "Why would you want to?"
Not every place welcomes firearms, but some have no choice.
Davis School District cannot legally forbid anyone with a concealed weapon permit from entering its schools or other district buildings with a handgun, said Christopher Williams, district spokesman.
Weber State University officials have never received a complaint about a student carrying a gun on campus, said spokesman John Kowalewski.
The university offers courses to law enforcement, so it is not unusual to see an officer in class carrying a gun and wearing a badge, he said.
"We understand HB 473 is clarifying existing law concerning concealed weapons," he said. "But with the recent string of violent shootings across the nation, the prospect of more-visible handguns could be disconcerting to some audiences on campus."
The university of 18,000 students is a public institution, and those with concealed weapon permits can carry their handguns on campus, he said.
However, people carrying a gun in the open shouldn't be surprised if they are confronted by campus police if someone complains, Kowalewski said.
Clearfield Assistant Police Chief Greg Krusi said his agency gets occasional complaints from residents who see someone wearing a gun in a holster or carrying a rifle or shotgun down the street.
"The law does allow you to carry a gun, unloaded, in the open," Krusi said. "But if you do, you need to be prepared to be confronted by police officers."
Two local hospitals have different policies concerning weapons.
At McKay-Dee Hospital Center in Ogden, no one except law officers and hospital security guards can bring guns inside, said Chris Dallin, hospital spokesman.
"The reason why is, we're a healing place," he said.
Dallin said people with a concealed weapon permit could bring a gun in the facility because they are not checked at the entrances. But if the gun is visible and someone complains, the carrier will be asked to leave, he said.
Law enforcement officers and those with a concealed weapon permit are allowed to bring guns inside Ogden Regional Medical Center, said Craig Bielik, marketing director.
The hospital updated its policy in October 2007.
If someone comes in with a gun and does not have a concealed weapon permit, security is notified and the gun is checked in with security.
"In all practicality, we discourage bringing weapons in the hospital," Bielik said.
The policy also forbids any employee, volunteer or person affiliated with the hospital, even those with a concealed weapon permit, from bringing a handgun inside the hospital at any time, he said.
Concealed weapon-permit holders must be at least 21 years old, have no convictions and take a class so they understand the law and know how to safely handle a gun.
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