"It does not take a majority to prevail. What it takes is an irate, tireless minority, keen on setting brushfires of freedom in the minds of men."
-- Samuel Adams
[Note: We at GOUtah! are not lawyers. We’re just regular guys and we’re not getting paid to do this. So please don’t consider our analysis of the Utah Code to be the equivalent of legal advice. If you have any questions regarding the state’s self-defense laws, please contact an attorney or a qualified concealed-weapon instructor.]
HB 78 Substitute (sponsored by Rep. Stephen Sandstrom of House District 58) will be debated and voted on in the House of Representatives very soon, perhaps within the next 24 hours.
GOUtah! strongly supports HB 78 Substitute.
This bill corrects some potentially problematic language in the state law governing the use of force for self-defense. The existing law establishes the conditions under which it’s legal for you to use deadly force to defend yourself or another person. HB 78 Substitute does not change this.
HB 78 Substitute simply makes it clear that it’s legal for you to display a firearm or other dangerous weapon, or to verbally inform your assailant that you have such a weapon, under those conditions in which it’s already legal to use deadly force for self-defense. Under SB 78 Substitute, it would remain illegal to display a firearm or any other dangerous weapon in a threatening manner during a fight or quarrel.
The existing law could be interpreted to mean that in certain situations in which it’s legal for you to shoot an assailant in self-defense, it would be illegal to simply display your weapon to the assailant in order to scare him off. HB 78 Substitute is designed to fix this, making it clear that you can display your weapon or give verbal notice of it in any situation in which it would be legal for you to use deadly force in self-defense.
On another matter, while it would remain illegal to display a deadly weapon in a threatening manner during a fight or quarrel (as is the case under existing law), SB 78 Substitute makes it explicitly clear that the mere possession of a weapon, whether carried openly or concealed, does not in and of itself constitute a threatening display of the weapon. The existing law does not make this clear. Thus, for example, it’s conceivable that under current law a zealous prosecutor could charge you with a crime if you got into a verbal argument with someone while you were legally carrying a holstered firearm. SB 78 Substitute fixes this.
HB 78 Substitute passed the House Law Enforcement and Criminal Justice Committee with a favorable recommendation last week. However, we’ve recently heard from a reliable source that at least one, and possibly two, organizations that have a lot of clout with the legislature are opposing this bill for reasons unknown to us. Because we don’t yet have documentation on this, we’re withholding the names of these organizations for the moment.
Please take a moment right now to cut out or copy the letter below. Fill in the relevant blanks and then send it to your Utah State Representative via e-mail or fax. Alternatively, you may leave a brief voice message for your representative at the House switchboard today. The vote may take place today or tomorrow, so instant communication is the way to go.
If you use e-mail, please include the main point of your message in the subject header, such as "Please Vote for HB 78 Substitute. Some legislators just scan their in-box without taking time to open individual messages.
If you send a fax, please print your representative’s name clearly at the top of the page.
If you leave a phone message for your representative, please keep it brief and to the point. State your name and either tell him where you live or just say that you’re a constituent of his. Then just encourage him to vote for SB 78 Substitute.
To find your representative’s e-mail, [click here]. You can also find your rep’s home phone number there in case you aren’t able to contact him during the day today. You may call him at home this evening. Please be very brief and polite when calling.
Here are the fax and phone numbers for the House of Representatives:
House Switchboard: (801)538-1029
House Fax: (801)326-1544
Please create a copy for your Utah State Senator.
Date:
From:
To:
Dear Representative :
As one of your constituents, I encourage you to vote for HB 78 Substitute, sponsored by Rep. Stephen Sandstrom.
This bill makes it clear that in a situation in which it’s legal to use deadly force for self-defense, it’s also legal to use lesser measures such as displaying a weapon to your assailant or verbally informing your assailant that you’re armed. It would remain illegal to display a dangerous weapon in a threatening manner during a fight or quarrel, as is currently the case. HB 78 Substitute also makes it clear that the mere possession of a weapon does not in and of itself constitute a threatening display of the weapon.
Please get back to me at some point and let me know how you voted on HB 78 Substitute. Thanks for taking the time to consider my request.
Sincerely,
That concludes the GOUtah! Political and Legislative Alert #326 for 2 February, 2010. We hope this information will be of assistance to you in defending your firearms rights.
Remember that getting this information is meaningless unless You Act On It Today. If you just read it and dump it in the trash, your gun rights, and the gun rights of future generations go in the trash with it. Get involved, get active and get vocal!
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