Constitutional Carry Coming to Utah? The Outlook is Positive

Constitutional Carry Coming to Utah? The Outlook is Positive
Constitutional Carry Coming to Utah? The Outlook is Positive

U.S.A.-(AmmoLand.com)- The outlook for Utah passing a form of Constitutional Carry in 2021 is positive. Representative Walt Brooks has sponsored HB60 as the vehicle for the long-sought reform.

From deseret.com:

Rep. Walt Brooks, R-St. George, is sponsoring HB60 in the Utah Legislature’s upcoming 2021 general session, set to begin Jan. 19. The bill’s language mirrors legislation he filed in the final days of the 2020 session, which would remove the state’s requirement for law-abiding Utahns over the age of 21 to have a permit to lawfully carry a concealed firearm.

“Every single person has the right to protect themselves,” Brooks said, arguing that right should extend to people uncomfortable with openly carrying firearms. “It’s allowing a law-abiding citizen to be allowed (to put their gun) under their jacket or a wife to put it in her purse.”

Representative Brooks says he has the support of the new Utah Governor, Spencer Cox. From stgeorgeutah.com:

“(Gov. Spencer Cox) has told me several times that he’s in favor of the bill,” Brooks said.

As reported by the Deseret News last week, Cox’s spokeswoman, Jennifer Napier-Pearce, told the paper that, “Both Gov.-elect Cox and Lt. Gov.-elect (Deidre) Henderson have said they would support a constitutional carry bill and look forward to working with the sponsors on the details.”

The Utah legislature passed a weak version of Constitutional Carry in 2013.

HB76 passed with veto-proof majorities in 2013. It passed 51 to 18 in the House and 22 – 7 in the Senate. It was vetoed by Governor Gary R. Herbert on 22 March 2013.  From ammoland.com:

In 2013 Governor Herbert claimed that obtaining a permit, attending classes,and paying fees “…does not inhibit our ability to bear arms.”  when he vetoed constitutional carry in 2013.

HB76 was pretty weak sauce. It allowed people over 21 to carry handguns concealed, as long as they were unloaded.

(3) The provisions of Subsection 76-10-504(1) does not apply to a person 21 years of  age or older who may lawfully possess a firearm, as long as the firearm is not loaded.

It was primarily one man, Governor Gary R. Herbert, who prevented Utah from passing even this weak version of Constitutional Carry for the last seven years.

HB60 is a much better, stronger version of  Constitutional Carry. It is a very simple bill. Other states have followed this model, which negates the previous law which made carrying a concealed weapon illegal. From Bill HB60 utah.gov:

This bill modifies provisions related to carrying a concealed firearm.

Highlighted Provisions: This bill: provides that an individual who is 21 years old or older, and may lawfully possess a firearm, may carry a concealed firearm in a public area without a permit.

HB60 accomplishes this in a simple manner. It adds a section to the end of Statute 76-10-504 which says:

(5) Subsection 76-10-504(1) does not apply to a person 21 years old or older who may otherwise lawfully possess a firearm.

The provision covers both loaded and unloaded firearms.

It is likely HB60 will pass the legislature with large margins. It is likely Governor Spencer Cox will sign it. This correspondent has seen many bills die in committee, or through other legislative machinations, no matter how popular they are.

HB60 has an excellent chance of passage. Most bills never become law, for many reasons.

If the Utah legislature wants Constitutional carry, they need to pass it rapidly and deliver it to Governor Cox expeditiously.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

Dean Weingarten

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Ryben Flynn
Ryben Flynn
9 months ago

Spammer reported.

NYS Patriot
NYS Patriot
9 months ago

Hmmm. I have a non resident Utah pistol permit like many other people nationwide. I wonder how this impacts licensing? Does this mean no more licence required or available? What about reciprocity.

musicman44mag
musicman44mag
9 months ago
Reply to  NYS Patriot

Most states that go constitutional carry still offer permits so their people can travel to other states and enjoy reciprocity. I have a Utah license to because my Oregone license isn’t really worth shit anywhere else.
We will have to wait and see but I don’t see states saying now that you have constitutional carry, we are not going to honor your permit.

WI Patriot
WI Patriot
9 months ago
Reply to  NYS Patriot

WI has, and has had “Constitutional” OC for many, many yrs, LONG before CC was in place(Nov 2011)…What the concealed carry law did here was to rewrite/redefine the catch-all laws(disorderly conduct, disturbing the peace) to NOT include OC…

Last edited 9 months ago by WI Patriot
Matt in Oklahoma
Matt in Oklahoma
9 months ago

Keep fighting. It’s worth it

musicman44mag
musicman44mag
9 months ago

Utah, they home of rino Romney, who knows what to think about what will happen there. I hope it passes but I have my doubts in that state just like I do the people that voted in the traitor representative. If he ever runs for president again and I am dead, please bring me back to life so I can vote no, you know like the demoncrats seem to be able to do.

JoeUSooner
JoeUSooner
9 months ago
Reply to  musicman44mag

If you are dead when Mitt runs again… HAUNT the bastard!

JSNMGC
JSNMGC
9 months ago
Reply to  JoeUSooner

Maybe Phillip Journey can comment on how much money the NRA spent supporting Romney and McCain, both of whom supported more gun control.

You would think the NRA would make their endorsement and support conditional upon the candidate committing to not furthering the agenda of the anti 2nd Amendment folks.

The same thing for Perdue – why didn’t the NRA insist he release definitive pro 2nd Amendment statements before supporting him? More firearm owners would have voted for him.

JoeUSooner
JoeUSooner
9 months ago
Reply to  JSNMGC

“it ain’t what you know… it’s WHO you know!” Politics rears its ugly head inside all human organizations, and the NRA is not immune to it.

JSNMGC
JSNMGC
9 months ago
Reply to  JoeUSooner

The NRA filed for Chapter 11 Bankruptcy protection for a number of reasons. One of those reasons is they have been losing due-paying members because the NRA continually supports politicians who are anti 2nd Amendment.

Last edited 9 months ago by JSNMGC
Phillip Journey
8 months ago
Reply to  JSNMGC

Watch the News Monday or Tuesday:-) 2/8 or 2/9

JSNMGC
JSNMGC
8 months ago

Are we going to find out how much the NRA owed the cleaning lady who cleaned Wayne’s private toilet?

She gets ripped off and the lawyers all get paid.

I know exactly how it works.

Ron Carter
8 months ago
Reply to  JSNMGC

You’re absolutely right, JSNMGC. Phillip Journey is nothing more than an apologist for a king of Pyramid schemes. His name will go down in the history as a merely a potted pant that not only turned back on Neal Knox but later the Second Amendment.

The minute he was nominated by the LaPierre controlled Nominating Committee I was suspicious. The minute he continued to defend the scandalous reign of LaPierre, I was certain. Keep putting pressure on him. Those of us who know need to remember and hold accountable these sorry excuses for Second Amendment advocates.

JSNMGC
JSNMGC
8 months ago
Reply to  Ron Carter

Like many, I’m ashamed to say I’m a life member.

I encourage Philip to engage in a conversation. For decades people who contributed to the NRA could only speak with outside contract people who made phone calls asking for money and promising trinkets.

The NRA refused to cooperate with any grassroots efforts.

It was always “send us money and STFU.”

Last edited 8 months ago by JSNMGC
Phillip Journey
8 months ago
Reply to  JSNMGC

The reality of politics in 2008 and 2012 It was them or Obama. Reagan taught us it is better to rule. No one wants Cancer but it is better to have a benign rather than a malignant one.

JSNMGC
JSNMGC
8 months ago

Phillip Journey,

Why do you never use your leverage?

Your path is just a slower way to get to the same destination.

If you haven’t noticed, people are tired of that game.

Phillip Journey
8 months ago
Reply to  JSNMGC

Watch the news tomorrow or Tuesday And know you could have played a role If you weren’t so arrogant and ignorantly Judgmental. My patience with Sunshine Patriots wears thin.

JSNMGC
JSNMGC
8 months ago

Now that is the definition of a hypocrite.

I have played a role – a role the NRA refused to play.

USMC0351Grunt
USMC0351Grunt
8 months ago

Then lead onward oh great one!

Phillip Journey
8 months ago
Reply to  USMC0351Grunt

If I could get my Wife to agree with that I would have it made:-)

JSNMGC
JSNMGC
8 months ago

Phillip Journey
Are you going to renew Marco Rubio’s A+ rating because he found another way to “take the guns first, due process second?”

https://www.rubio.senate.gov/public/index.cfm/2021/2/rubio-reintroduces-legislation-to-prevent-suspected-terrorists-from-purchasing-firearms

Unbelievable. Can you imagine trying to get off the secret list?

Don’t worry, the bill says you can hire a lawyer and fight the federal government to attempt to prove you are innocent of a crime that wasn’t committed.

Your patience wears thin – sounds concerning.

JSNMGC
JSNMGC
8 months ago
Reply to  JSNMGC

Phillip Journey,

Please comment on whether the NRA will change Rubio’s rating based on his press release (see above post).

3l120
3l120
9 months ago
Reply to  musicman44mag

I take it you do not live in Utah. Very conservative state. Romney’s pimary opponent was a Dr., who got no support from the LDS Church, which backed Romney because of the SLC Olympics. His campaign ads did not reflect his later actions. I can pretty much be sure he will serve only one term. However, with more Californians moving to Utah, anything is possible.

musicman44mag
musicman44mag
9 months ago
Reply to  3l120

You’re right. the more commiefornians you get the more F’d up things are going to get but I am sure you know about colorado, montana and now texas. Now Montana has fixed their commifornians that moved to lewiston and missoula and tried to take over the state with the new constitutional carry and a law that says your city cant make different laws than the state laws. Right now Oregone is under attack from commiefornia and they are winning. Mail in vote is part of the culprit and a legislature that is trying to pass a law that says we… Read more »

USMC0351Grunt
USMC0351Grunt
8 months ago
Reply to  musicman44mag

Texas will hold the line, no different fortitude and integrity than than what was done at The Alamo, only on the State level.

Last edited 8 months ago by USMC0351Grunt
Finnky
Finnky
8 months ago
Reply to  USMC0351Grunt

Too many unrepentant foreigners in Texas as well. The other day I was shopping and overheard a shocking snippet of conversation. “I wouldn’t have one of those evil things in my house. Guns are just too dangerous.” Some people are just beyond hope.
We are past the time to wall of CA, NY and NJ. Said wall backed with SAMS of course.

USMC0351Grunt
USMC0351Grunt
8 months ago
Reply to  3l120

Utah needs to be protected from falling into a blue state at all costs.