Comments about ‘Man who carried weapons in front of mall charged with disorderly conduct’

Return to article »

Published: Thursday, Jan. 20 2011 11:25 p.m. MST

Comments
  • Oldest first
  • Newest first
  • Most recommended
Ute Fan In Utah
West Jordan, UT

Just ridiculous. Utah is an open carry state, and the weapons were not loaded.

DN Subscriber
Cottonwood Heights, UT

His actions were legal.

His actions were also stupid, inappropriate, despicable, and show a lack of good judgment.

I condemn him for doing it, but at the same time defend his right to do so.

I despise the protesters at Temple Square for Conference, the Westboro Baptist "Church" loons, and the smut and pornography peddlers, and flag burners.

But, I defend their freedom to do so, just as I defend the idiot in this incident.

Original_Intent
Salt Lake City, UT

Can someone please point out the behavior that gave rise to the disorderly conduct charge?

76-9-102. Disorderly conduct.
(1) A person is guilty of disorderly conduct if:
(a) he refuses to comply with the lawful order of the police to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or
(b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he:
(i) engages in fighting or in violent, tumultuous, or threatening behavior;
(ii) makes unreasonable noises in a public place;
(iii) makes unreasonable noises in a private place which can be heard in a public place; or
(iv) obstructs vehicular or pedestrian traffic.
(2) "Public place," for the purpose of this section, means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
(3) Disorderly conduct is a class C misdemeanor if the offense continues after a request by a person to desist. Otherwise it is an infraction.

My2Cents
Kearns, UT

The only thing disorderly was the police. Some how law enforcement was able to convinces some anti gun law judge that to carry a gun openly was disorderly conduct. A complete violation of state and federal laws, using personal vendettas to punish others not breaking any laws. This decision to punish is reckless and unreasonable and contradictory of other state laws.

It's unreasonable that personal vendettas are becoming the basis to harass citizens not violating any law.

Happy Valley Heretic
Orem, UT

or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or
(b) intending to cause public inconvenience, annoyance, or alarm,

I Guess the shooter at trolly square was alright with you guys too until he opened fire.

MrsH
Altamont, UT

DN Subscriber, your post makes the most sense of anything posted on this subject yet.

Thank you.

Flashback
Kearns, UT

Good luck on making these charges stick Orem. This is not Disorderly Conduct. If someone else was "scared" tough. Let them be scared.

Orem should cut bait and run. I see a nice civil rights lawsuit against Orem by this guy. Where's Brian Barnyard when you need him. Oh, right, he's only concerned with issues of Religion Vs. State not anyone exercising their gun rights.

Witness
Provo, UT

Yes, the guy was in his legal rights to carry, and totally irresponsible. The police were not disorderly in stopping this man who was carrying an automatic weapon and a side arm. I was there and witnessed the Orem officer stop the man. I took eight photos of the proceedings. The police were no way harassing. They had every right to question this man and his motives and intent. Police are not psychic to know whether the guns were loaded or not. The comment above: Can someone please point out the behavior that gave rise to the disorderly conduct charge?
The answer: 76-9-102. Disorderly conduct.(b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof.
I witnessed a person stopping there car, in the middle of an intersection, flagging down and officer and reporting the guy. If fact it caused me great concern. Especially a week after Tucson. Yes, this guy did cause public inconvenience, annoyance, and alarm. He also created a risk on private property. I believe Mr. Taylor intentionally flaunted Utah Law in a dangerous and reckless way. By the way, a Utah law that I completely agree with.

AnotherUtahImport
Eagle Mountain, UT

"Not open carry for an assault rifle," the officer replied.

Where in the law does it say that? I looked and couldn't find anything that would back that up.

Dutchman
Murray, UT

Wyatt Earp just had everyone check their guns in with him at the Marshall's Office when people came into town and they could pick them up when they left. Earp had some who refused to obey this unconstitutional edict so it led to the shoot out at the O.K. Corral. I guess Orem police could do the same and have a check in and check out window at police headquarters, but wait, we all know that would be unconstitutional. Or the guy who got the citation could have concealed the weapons but oh wait again, that would require a concealed weapons permit issued by the government. It sounds like the State Legislature has some work to do to clean up this mess.

My_Comments
Salt Lake City, UT

@Witness
How was he irresponsible? The rifle (not automatic weapon) was slung and pistol holstered. He was walking in a "public place" minding his business. Note that 76-9-102(b) requires him to do one of the things listed at i-iv. Which one did he do? None!

Filing disorderly conduct charges has been illegally used by prosecutors across the nation. It won't fly. The Supreme Court has affirmed over and over again that the exercise of rights cannot be converted to crimes.

The police had no reasonable suspicion to believe a crime had been committed or was about to be committed. They must have reasonable suspicion BEFORE they detain and/or arrest. Law enforcement was lying and out of control. What are free citizens to do when law enforcement unlawfully detains and arrests citizens? They knew it and violated it and his rights. What would the founders of this nation do? What did they do with out of control government officials?

How did he flaunt the law when he was not guilty of breaking any law? Answer: He didn't.

What was the citizen reporting? A man exercising his rights? Pure insanity.

Roger Knecht
American Fork, Utah

Utah Legal Director Darcy Goddard recently said "As the country gets more focused on law and order, I think that theres an idea that we should all be sacrificing a personal measure of freedom for collective good.

But we need to also remember Any people that would give up liberty for a little temporary safety deserves neither liberty nor safety. - Benjamin Franklin

To preserve liberty, it is essential that the whole body of people always possess arms - Richard Henry Lee Senator, First Congress

Mr Taylor should not be embarrassed or afraid to exercise his right nor should the populace when he does.

When I was younger here in the state of Utah it was common to see gun racks in the rear windows of trucks. Today fear consumes too many and we assume the worst. What ever happened to presuming innocent until proven guilty.

Fear can be defined as nothing more than False Evidence Appearing Real. Wake up, stop running scared. Search online the video "Innocents Betrayed: The True Story of Gun Control".

Happy Valley Heretic
Orem, UT

If he was carring the same but wearing a turban and robe, would ya'll be so thrilled at his exercising he god given right of intimidation?

What if he was a young man in gang attire walking thru the parking lot of your child's school?

This is nothing more than arrogance and stupidity at it's finest.

to comment

DeseretNews.com encourages a civil dialogue among its readers. We welcome your thoughtful comments.
About comments