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Senate passes substitute House Bill 49, says mere possession of firearm alone not disorderly conduct

Utah Senate (2012 Legislature) · March 7, 2012
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Summary

The Utah Senate advanced third substitute House Bill 49 after debate, voting 22–4 with 3 absent to clarify that the lawful possession of a firearm, without additional threatening behavior, does not by itself constitute disorderly conduct while preserving officers' ability to approach individuals.

The Utah Senate on Wednesday approved third substitute House Bill 49, a measure that clarifies state law so that the lawful possession of a firearm — whether visible or concealed — is not, by itself, a basis for disorderly conduct.

Senator Bramble moved to uncircle and present the bill and explained that the measure ‘‘proclaims in statute that the mere carrying of a weapon does not in and of itself constitute disorderly conduct’’ while preserving law-enforcement encounters. The chamber voted to advance the bill; the presiding officer announced it received 22 yea votes, 4 nay votes and 3 absent.

Why it matters: Sponsors said the bill removes ambiguity that had led some law-abiding carriers to be charged with disorderly conduct based solely on…

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