SALT LAKE CITY — A local lawmaker’s bill to limit the ability of local police to charge a person with disorderly conduct if they are openly carrying a weapon has passed the House.
The House voted 49-21 on Tuesday afternoon to move House Bill 49, sponsored by Rep. Paul Ray, R-Clinton, to the Senate. The vote came after almost an hour of debate about the right to carry guns and whether the new provision would take away a key law enforcement tool.
Ray insists the bill is necessary to clarify the kind of behavior that needs to happen for a person carrying a weapon to be charged with disorderly conduct.
The bill stipulates police can charge a person with disorderly conduct when there is “threatening behavior.”
A number of legislators said the bill would put unnecessary limits on local police departments. Rep. Stephen Handy, R-Layton, voted against the measure because of worries that it would take a key mechanism from the quiver of law enforcement tools.
The debate brought out some concerns about the practice of allowing open carry.
Rep. Carol Moss, D-Salt Lake City, suggested the practice of allowing open carry in the state should come with some responsibility on the part of gun owners. She said societal norms suggest the open carry of a weapon in an urban area is going to make some people nervous.
“If I take my grandchildren to McDonald’s or a movie theater and someone walks in with a gun that is not concealed, I’m going to be ducking and running for cover,” Moss said.
Rep. Brian King, D-Salt Lake City, reminded lawmakers about the shooting at Trolley Square five years ago that resulted in the deaths of five bystanders and the shooter.
“What do you do if you’re the owner of a 7-Eleven and someone walks in at 2 a.m. with open carry of a rifle?” King asked.
Ray said a business can post a prohibition against carrying weapons in its establishment. Anyone violating that would be guilty of trespassing.
Rep. Curt Oda, R-Clearfield, said the bill does not limit the ability of police to ask questions of anyone openly carrying a weapon. He said the bill doesn’t prevent officers from conducting what he called an “attitude check.” That allows police to determine potentially threatening behavior, he said.
Some of the motivation for the bill is associated with a 2011 incident at a Utah County mall in which an individual openly wielded a weapon on three separate occasions.
Rep. Lee Perry, R-Perry, and a Utah Highway Patrol lieutenant, said the Utah County incident had more to do with trespassing than disorderly conduct. He said lawmakers need to ensure that police officers are properly educated on handling incidents in which someone is openly carrying a gun.
“I carry a gun all the time. I don’t want anyone arresting me for having a gun. Do we really, really need this or could we deal with this on a case-by-case basis?” Perry asked. He ended up voting for the measure.
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