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SALT LAKE CITY — A Utah lawmaker wants to ease some of the public’s concerns over people who carry their guns in the open, and his legislation would draw the state a step closer to “constitutional carry” in the process.
Rep. Curtis Oda, R-Clearfield, calls his HB 260 “common sense concealed carry.” It allows anybody 21 and older who can lawfully possess a firearm to carry an “unloaded” gun concealed under a coat without a permit.
“I call it ‘not-so-scary carry,’” said attorney Mitch Vilos, who routinely represents clients in weapons cases and authored the book "Self-Defense Laws of All 50 States."
The “unloaded” gun can have bullets in it, just not in the chamber, and the gun must be at least two actions from discharging — all of which is currently required to "open carry" in Utah.
“Two empty chambers in the double-action pistol, one empty chamber in the single-action pistol and no bullet in the chamber with a semi-automatic pistol — it’s considered ‘unloaded’ under Utah law,” Vilos explained, pointing to three guns sitting in front of him on a desk.
Vilos said Monday he believed the proposed change in the law to allow concealed carry of an unloaded gun without a permit would result in fewer police responses to people who are open-carrying lawfully and would even make streets safer.
I call it 'not-so-scary carry.'
–Mitch Vilos, attorney
“You’re not going to get calls for ‘man with a gun’ with somebody that’s carrying the gun innocently and legally,” Vilos said. “It’s also going to make it a lot more dangerous for muggers to work in Utah. They’re going to go to California where they have really strict gun laws — where they can work without worrying about being injured.”
The measure stops short of making Utah a “constitutional carry” state where concealed weapons permits are not required at all.
Critics observed the legislation is very close in language to 2013’s HB76S1, which was vetoed by Gov. Gary Herbert.
“It’s frustrating for us; it’s frustrating for the average Utahn watching the process,” said Maryann Martindale, executive director of Alliance for a Better Utah.
House Minority Leader Brian King, D-Salt Lake City, said he didn’t know why Oda “feels the need to run the bill.”
“I find myself thinking is this really what Utahns want? Is this really what we need?” King said. “They currently are required under the law to go through the process of getting a concealed weapons permit and allow them to carry that weapon with them. That makes sense to me.”
Vilos suggested money could be saved by moving to the new law: “We’re throwing money — taxpayer money — at gun control laws that don’t work,” Vilos said.
Marty Carpenter, communications director for Herbert, said Monday night that the governor met with Oda earlier in the day and “indicated that his position has not changed from two years ago.”
