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Utah House narrows scope of disorderly-conduct charges for lawful gun carriers, passes bill
Summary
After hours of debate and an amendment adding a "reasonable person" standard, the Utah House passed first substitute House Bill 49 to clarify that merely lawfully carrying a firearm is not disorderly conduct; the measure passed 49-21 and moves to the Senate.
The Utah House on Feb. 20 voted to limit the ability to charge people with disorderly conduct solely for lawfully carrying firearms, passing first substitute House Bill 49 by a 49-21 margin.
Representative Steve Ray, the bill sponsor, told colleagues the measure clarifies existing law so lawful firearm possession will not be used as a basis for disorderly-conduct citations. "If you're not meeting one of the criteria for disorderly conduct, you shouldn't be charged for disorderly conduct," Ray said during floor debate.
Opponents and several law-enforcement representatives raised concerns that the change could constrain officers' ability to respond to situations they deem risky. Representative King asked whether the bill would allow someone to enter an elementary school with a weapon; Ray said federal law already prohibits open carry in school buildings. "I don't know that we should be restricting [law enforcement] in that way," Representative King said.
Representative Sandstrom offered an amendment adding a "reasonable person" standard to the text to clarify when officers may intervene; that amendment passed by division after a roll-call of 38 yes to 29 no. Sandstrom said the language was intended to preserve officers' ability to stop someone if a reasonable person would view the behavior as indicating criminal intent.
Supporters said the bill protects Utahns from being charged under disorderly-conduct statutes as a backdoor means to regulate firearms where the Legislature has not restricted possession. "This is about your right to bear arms," Representative Ray said, arguing the measure prevents local or agency policies from undermining state law.
After the amendment vote, further floor debate continued but the House ultimately approved the first substitute by 49 yes votes and 21 no votes. The bill now goes to the Utah Senate for consideration.
What's next: The first substitute of HB 49 will be transmitted to the Senate for further consideration; no Senate action is recorded in this transcript.
