HB 112: Common Sense Carry

This Bill did not reach reach the House floor for a vote.

Libertas Institute supports this bill.

Utah law prohibits a person from having a concealed firearm, imposing a class B misdemeanor as the penalty. Anybody who obtains a concealed firearm permit is exempted from this provision.

Four years ago, a bill passed the legislature which would have also exempted any person 21 years or older “who may lawfully possess a firearm, as long as the firearm is not loaded.” The bill was vetoed by the Governor, and the legislature failed to muster enough interest in holding a veto override session.

Similarly, Representative Lee Perry has sponsored House Bill 112 to provide this legal protection to adults carrying an unloaded weapon over the age of 21 “who may lawfully possess a firearm.”

Additionally, while current law holds property owners harmless against civil or criminal liability when they allow a person to carry concealed on their property, and that person discharges the firearm while on the property, this bill extends that liability protection to business owners as well—those who are leasing the property upon which their business is located.

Sometimes known as “constitutional carry,” this bill may also be described as “common sense carry.” Utah law allows any adult to openly carry an unloaded firearm. (A handgun with ammunition in the magazine, but not in the chamber, is “unloaded” according to state law.) If a person does this, but then covers their firearm with a jacket without having a concealed carry permit (perhaps to avoid problems in a crowded location like a restaurant or gas station), they would be in violation of the law. It is, therefore, common sense to fix this problem and allow responsible adults to cover their firearm as they deem appropriate, without having to pay the government a fee to obtain a permit to do this.

While we would favor reducing the age to 18—that of a legal adult—this bill is an important protection of the right to keep and bear arms; the government’s permission should not be needed to exercise a fundamental right.