Thursday, February 11, 2021

Utah Amended Constitutional Carry Bill Passes Senate; Governor in Favor of Bill

Image from, cropped, scaled, and text added by Dean Weingarten

Utah is very close to passing HB60, a strong Constitutional Carry bill. 

HB60 passed the House, 54-19. 

It passed the Senate 22-6. 

In the Senate the bill was amended to include the creation of an account to provide funds for suicide prevention. 

HB60 creates a restricted account in which the funds collected for concealed carry permits are segregated and used for the administration of the issuance of the permits. 

The Senate amendment takes 50% of the funds left over at the end of the fiscal year, from the concealed carry account, and assigns them to a suicide prevention fund, where the focus is to be on firearm safety as related to suicide prevention. From the amended bill:

27 ▸ provides for the transfer of unused funds in the Concealed Weapons Account to the
28 Division of Substance Abuse and Mental Health for suicide prevention efforts; and
29 ▸ creates the Suicide Prevention and Education Fund within the division for suicide
30 prevention efforts.

Bureaucrats are very good at using funds they are told they will lose, if not used by the end of the fiscal year. Some may, because it will only be 50% of the money left over.  It seems unlikely very much money will be transferred to the suicide fund.

Because the bill was amended, it has been placed on the conference committee calendar. It is likely the Senate amendment will be accepted by the committee and sent to Governor Spencer Cox.  Governor Cox has said he is supportive of Constitutional Carry and is expected to sign HB60. 

Update: HB60 has been confirmed by the House and is on the way to Governor Cox.

Utah is likely to be either the 17th or 18th state to pass Constitutional Carry. The Montana legislature has passed a significant reform of the state gun laws, with includes Constitutional (permitless) Carry.  

Governor Greg Gianforte of Montana has been reported as saying he wishes the Montana Constitutional Carry bill, HB102, to be the first bill he signs into law. 

The Utah bill is a stand-alone Constitutional Carry bill. It eliminates most restrictions on concealed carry of firearms by adding a section to existing law. From a previous AmmoLand article:

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.

Both the Utah HB60 and Montana HB102 are close approximations of the state of firearms carry law when the the Second amendment was ratified in 1791. At that time, there were no state or federal prohibitions on the open or concealed carry of weapons in the new United States of America. 

Vermont has always had Constitutional Carry.

Fifteen States have restored a reasonable version of Constitutional Carry. The 15 states are, in order of restoration: 

Alaska, Arizona, Wyoming, Arkansas, Kansas, Maine, Idaho, Missouri, West Virginia, Mississippi, New Hampshire, North Dakota, South Dakota, Oklahoma, and Kentucky.

Montana and Utah are likely to be added to the list by the middle of February, 2021.  The states started enacting restrictions of the carry of weapons in the early 1800's, to restrict slaves. Most early gun restrictions were designed to keep slaves and minorities disarmed and subservient. 

The right to bear arms is one of the last fundamental Constitutional rights to be restored to minorities in the United States. All of the Constitutional Carry reforms are color blind. As no permit is required, no discrimination can be applied in granting permits, as is still common in some states, such as in California

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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ScienceABC123 said...

If you have to buy a permit from the government in order to exercise a right, then the government has turned the right into a privilege. Rights don't require the government's (or anyone else's) approval.

Anonymous said...

Democrap theology Terminate all rights not granted by the controllers. the second amendment is driving the democraps crazy. the first amendment is their current target after they stop freedom a speech and force all churches to close they will get back to the second amendment. Say any thing you like the first amendment has no command for what you say to be approved by any one. Personally I find hate speech revolting but I will defend your right to use it. You have to defend what you say so you might try thinking before you open your mouth in the wrong place. Stupid is as stupid does. some people are just not as tolerant as I am.