GOUtah!
White Paper #25

Dear Attorney General Shurtleff:

The photographs reproduced below were taken by me on May 6, 2008 at the G. K. Gilbert Geologic View Park, operated by Salt Lake County. Note the blanket prohibition on firearms in the park. This park is located at the northwest corner of Wasatch Boulevard and Little Cottonwood Road.

According to my interpretation of the current Utah Code, Salt Lake County has zero authority to ban guns in county parks. Thus, the sign and the apparent county ordinance behind it are illegal in my opinion. From a pure law-enforcement standpoint, the only question is this: Under what conditions does the carrying of a firearm in the G.K. Gilbert Geologic View Park violates state law?

Utah law does not, in general, prohibit the open carrying of an UNLOADED firearm on public property, regardless of whether or not one has a concealed-weapon permit. Utah Code 76-10-505 prohibits the carrying of a LOADED firearm without a permit in the following three locations:

1. in or on a vehicle;
2. on any public street; or
3. in a posted prohibited area.

The G.K. Gilbert Geologic View Park does not contain any public streets. The sign in the photos below might be interpreted as creating a "posted prohibited area", but according to 76-10-500 of the Utah Code, Salt Lake County has no authority to create a posted prohibited area unless "specifically authorized by the Legislature by statute". Given that no such statute has been enacted, I would argue that the park in question does not constitute a posted prohibited area, despite the sign.

Ergo, it would appear that the following hypothetical course of action would be LEGAL WITHOUT A CONCEALED-FIREARM PERMIT:

1. I keep an unloaded firearm in my car, either in plain view or locked in the trunk.
2. I drive to the G.K. Gilbert Geologic Overview Park and pull into the parking lot and get out of my car and remove my firearm from the car.
3. I load the firearm and put it in a holster in plain view.
4. I carry the loaded firearm in plain view while walking in the park.
5. At the end of my stroll I unload the firearm and return it to the car, either in plain view or locked in the trunk, then drive out of the parking lot back onto the adjoining public street.

Possession of a valid concealed-weapon permit would simply add the following options to my menu of choices:

1. I could choose to keep the firearm loaded and/or concealed in my car while driving to and from the park.
2. I could choose to conceal the firearm while walking in the park.

Thus, I question the legality, validity, and enforceability of the posted gun ban at this county park. If I were to get caught openly carrying a handgun (either loaded or unloaded) without a concealed-weapon permit in the G.K. Gilbert Geologic Overview Park, under what section of the Utah Code would I be charged? If I were charged with violating a Salt Lake County ordinance, would such a charge hold up in court in light of Utah Code 76-10-500? Doesn't 76-10-500 prohibit Salt Lake County from enacting this type of regulation?

Also, given the above analysis, I claim that the whole issue of HB 473 (Rep. Curt Oda's recent open-carry clarification bill) is completely moot with regard to the gun ban at this park. Openly carrying a loaded firearm in the park appears to be legal with or without a concealed-weapon permit.

Incidentally, GOUtah! strongly supported HB 473 until Rep. Urquhart drafted a last-minute amendment (House Amendment 1) and published it (complete with typos) on the last Friday afternoon of the legislative session. House Amendment 1 would have made it illegal for a concealed-weapon permit holder to do any of the following:

1. Carry a firearm concealed in a briefcase, backpack, or purse on the grounds of any public or private day-care center, elementary school, middle school, high school, vocational school, college, or university in the state, or anywhere within 1,000 feet of the perimeter of any such establishment.
2. Openly carry a firearm on the grounds of any public or private day-care center, elementary school, middle school, high school, vocational school, college, or university in the state, or anywhere within 1,000 feet of the perimeter of any such establishment.
3. Remove a fanny pack containing a concealed firearm while using a toilet at any public or private day-care center, elementary school, middle school, high school, vocational school, college, or university in the state, or anywhere within 1,000 feet of the perimeter of such an establishment.
4. Carry an unloaded firearm in a locked case from a car to a dormitory on the campus of any college or university in the state.

None of the above activities are currently illegal for permit-holders, but House Amendment 1 would have turned all of these things (and possibly others) into criminal acts. Hence our sudden change of position on the bill. Because of pressure from the rank-and-file members of GOUtah! and other gun-rights groups during that weekend, on the following Monday Rep. Urquhart replaced House Amendment 1 with House Amendment 2, which eliminated many (though not all) of our concerns, but which we nonetheless opposed because it would have still made certain actions illegal that are currently legal. GOUtah! is disappointed that private gun owners had to police the Legislative leadership and point out to them all the potential consequences of House Amendment 1. Had we failed in our last-minute over-the-weekend efforts to kill House Amendment 1, you'd be faced with prosecuting a female permit-holder for walking within 1,000 feet of a day-care center with a firearm concealed in her purse, or a businessman with a concealed-weapon permit for walking within 1,000 feet of a cosmetology school while carrying a gun in his briefcase.

Best regards,