Lawmakers look to (mostly) expand Utahns' gun rights

Published: Tuesday, Jan. 30, 2007 12:14 a.m. MST
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Lawmakers are taking aim at gun rights this session with several bills — including one to allow Utahns to carry concealed weapons without permits in the event of a declared emergency and another to limit guns at the University of Utah.

The lawless aftermath of Hurricane Katrina in 2005 inspired Sen. Mark Madsen, R-Lehi, to propose a bill giving Utahns the right to carry guns in a state of declared emergency even without a permit.

Although the language of SB201 is still being drafted, Madsen said his intent was to allow "people left to fend for themselves" to carry their weapons anywhere they feel is necessary in the event of what he termed a serious breakdown in police services.

"I would think it would be very rare," he said, "a situation where government services are stretched to a point where people can't rely on 911." Other states are looking at similar legislation, Madsen said, because of the "horror stories" that surfaced in New Orleans.

Madsen said he hopes this bill will fare better than his unsuccessful attempts over the past two legislative sessions to pass a bill allowing Utahns to carry loaded guns in their cars without a concealed weapons permit.

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The U. gun ban could be back on a much smaller scale with legislation sponsored by Sen. Greg Bell, R-Fruit Heights, to prohibit weapons on certain areas of campus.

Although the bill is still being drafted, Bell said SB251 will offer a gun-free environment to faculty and students who want it. U. leaders had hoped to get a complete gun ban for a variety of campus locations, but Bell said his measure only targets some offices and dorms and will give faculty and students the choice between a gun-free area or one that allows concealed weapons.

"They wanted to talk about classrooms, athletic venues, dorms and faculty offices. We nixed all of those," Bell said. "The legislative response is, OK, for those who want the right to carry a concealed weapon under their permit, they need to have an office where they can carry."

The legislation comes as a compromise between legislators and U. leaders, who have spent five years defending the campus gun ban in court. The school lost that legal battle in September when the Utah Supreme Court ruled the U. gun ban unconstitutional, saying the U. could not make laws contrary to state statute.

Since the ruling, the school's gun ban has been suspended and legislators have been working with university leaders from several state schools to reach a compromise for the entire system of higher education. Part of that compromise, Bell added, is for the U. to drop several claims still hanging in federal court concerning the gun ban.

"We said, 'Hey, we're not going to make a deal until that gets dismissed,"' he said.

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