GOUtah!
White Paper #26

Once again government officials that are entrusted to uphold the law and act as examples of obeying it, are disregarding and subverting the law. As is typical in such cases, the guilty parties are also attempting to hide their conduct from public view.

The University of Utah has created a secret policy whereby its police officers are instructed in how to harass and intimidate law abiding gun owners by trumping up non-gun charges for perfectly lawful conduct. This policy violates both the letter and spirit of State Law and binding State Supreme Court ruling. Keeping such a policy secret violates sound notions of openness and transparency in government.

This is a non-partisan issue. From President Obama’s campaign trail pledges to Governor Herbert’s 2011 inaugural address, citizens and government officials from all political parties and ideologies recognize that good government is possible only with transparency, openness, and accountability.

President Truman famously declared, "The Buck Stop Here." It seems UoU President Young prefers to avoid even admitting there is a buck. His campus police department is currently taking measures to fire two employees—one a sworn officer, another a security guard—who helped expose to the public this secret policy of harassment and intimidation of law abiding students, staff & faculty, and visitors to the UofU campus.

Sadly, this is not the first time the University of Utah has shown its disdain for those choosing to exercise their constitutional and statutory right to an effective and lawful self-defense. But having been previously rebuked by the legislature and courts alike, this time the officials at the UoU have turned to secrecy to continue their agenda of hate and fear.

The Utah Shooting Sports Council believes that any conduct officials believe constitute violations of firearms laws should be public. It is crucial that there not be any misunderstanding of what is or is not legal conduct when it comes to an area as serious as firearms.

We believe the UoU’s secret policy is a grossly erroneous interpretation and application of Utah laws to the express purpose of forcing a political agenda on those least able to defend against such tactics. By keeping the policy secret and going to extreme measures of firing honest whistle-blowers merely for exposing the policy, the UoU has as much as admitted they know their policy and "unique" interpretation of State law cannot withstand the scrutiny of full daylight and open, public discussion.

This policy does not deal with personnel issues. It is not concerned with sensitive contract negotiations. It explicitly does not purport to deal with a violent or obviously dangerous situation. It is not a security plan. It is an expression of the UoU’s unique interpretation of State code and guidance to officers on how to apply that interpretation in the issuance of citations for otherwise perfectly legal and peaceful conduct. There is simply no legitimate, legal reason for it to have ever been kept secret, nor for the U to move to fire whistleblowers for making it public.

This policy does not deal with personnel issues. It is not concerned with sensitive contract negotiations. It explicitly does not purport to deal with a violent or obviously dangerous situation. It is not a security plan. It is an expression of the UoU’s unique interpretation of State code and guidance to officers on how to apply that interpretation in the issuance of citations for otherwise perfectly legal and peaceful conduct. There is simply no legitimate, legal reason for it to have ever been kept secret, nor for the U to move to fire whistleblowers for making it public.

USSC feels that "Sunshine is the best disinfectant" for the ills that the U continues to spread.

Clark Aposhian
Chairman, Utah Shooting Sports Council

Charles Hardy
Public Policy Director
GOUtah! (Gun Owners of Utah)