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Senate clarifies disorderly-conduct language to exclude merely holstered firearms; amendment wins broad support
Summary
The Utah Senate amended and passed House Bill 276 to clarify that mere possession of a holstered or encased firearm, without other unlawful behavior, is not disorderly conduct; sponsors said DPS and firearm stakeholders support the amendment, while some members raised public-safety questions about visible long arms on public transit.
The Utah Senate approved changes to disorderly-conduct law in the final passage of House Bill 276 after adopting an amendment that removed confusing language — including a reference to a "mistake of law" — and clarified that mere carrying or possession of a holstered, encased firearm is not by itself a violation.
Senator Jenkins, sponsor of the bill, credited Senator Madsen and others for work to refine the language and to address concerns raised by the governor’s office and legal counsel. Sponsors said the Department of Public Safety had reviewed the amendment and indicated support, and proponents also noted buy-in from some gun-advocacy stakeholders.
During floor debate, Senator Dabakis raised a public-safety scenario: a person in combat fatigues carrying a large rifle aboard public transit and the fear such a sight would produce for children and families. Sponsors responded that the bill does not change existing prohibitions on threatening or dangerous behavior, and that an un-holstered long gun (for example an AK-47) would not fit the bill’s holster/encasement requirement. Senators also discussed that the amended language preserves law-enforcement authority to approach or detain someone if other suspicious elements are present.
After the amendment passed on the floor, the Senate suspended the three-reading requirement and moved to final passage; roll-call discussion and explanation of votes followed and the bill passed in the Senate and will be transmitted per legislative process.
