From Deseret News archives:

Property rights trump gun rights, Shurtleff says

3 want to stop crimes among polygamists

Published: Thursday, Sept. 23, 2004 10:22 p.m. MDT
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Even a staunch supporter of gun ownership rights like Utah Attorney General Mark Shurtleff has had to tighten the reins on state lawmakers.

When Utah legislators considered allowing concealed carry permit holders to bring their weapons into private homes, Shurtleff advised them to back off.

"I told them that private property rights will trump in this issue," Shurtleff said in response to a question about preventing unintentional gun accidents during a forum for attorney general candidates Wednesday. The forum, sponsored by the Women's State Legislative Council of Utah, was held in the Salt Lake City Library auditorium.

One of his two opponents, Democrat Greg Skordas, said that although Utah's conservative Legislature will probably never restrict gun access, state officials should at least be enforcing the existing laws.

"For some reason in this state, we're afraid to enforce laws already on the books," Skordas said. "There's a fear that enforcing those laws is somehow anti-gun."

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Libertarian Andrew McCullough, who participated in this debate after not being allowed into a previous debate at the University of Utah's Hinckley Center for Politics, said that he actually differs somewhat from his "very pro-gun" party. Even if restrictions are not increased, education should be an intricate part of obtaining a gun license, especially when it comes to weapons that are accessible to children.

"We need to explain to gun owners, as part of their licensing process, how quickly kids can get guns and how quickly they can use them," McCullough said.

The 30-minute forum gave little time for questions of candidates, and the only other topic raised by the audience was how to protect women and children from abuses within polygamist communities. Each candidate was also given time for opening remarks, in which they laid out how they would operate as attorney general.

Although he does believe that polygamy should be protected as a religious freedom, McCullough said that the state should be prosecuting crimes that happen within polygamist communities, especially child abuse, just as they would prosecute crimes within any other religion.

"You don't have to attack the religious basis to attack the abuses," he said.

Skordas said that the state should be stopping the abuses by interviewing the individual victims, instead of investigating the community as a whole. Otherwise, the community members will become defensive and uncooperative.

"If you go into a community, as we have, where we are going to prosecute polygamy, you will be unsuccessful," Skordas said. "But if you go in and interview the women and children who are victims, you will be successful."

Shurtleff touted the state's record of prosecuting crimes within polygamist communities, even in areas where the responsibility fell to the county attorney to investigate and previous law enforcement officials have ignored the problem. Additionally, the state has also provided services, such as counseling and shelter, for the victims.

"There needs to be leadership in this, and I don't care what has happened for 50 years," he said. "I am going to prosecute these crimes."


E-mail: jloftin@desnews.com

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