UT: Concealed weapons are OK for state staff (11/22/2001)

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Concealed weapons are OK for state staff The following correction appeared in the Wednesday, Nov. 21, 2001 Deseret News: A story in Tuesday's newspaper contained some incorrect information supplied by Attorney General Mark Shurtleff's office. Shurtleff decided to write an informal legal opinion on a state personnel rule that banned state employees from carrying legally permitted concealed weapons after several legislators asked him to look into the issue. A Shurtleff aide incorrectly said Shurtleff himself decided to research the issue.By Bob Bernick Jr.Deseret News political editor State employees with concealed-weapons permits will be allowed to carry their guns to work. Utah state personnel officials, following an opinion written by Attorney General Mark Shurtleff, will soon rescind an internal rule that prohibits state employees from packing their legally permitted guns while on the job. The process of rescinding the rule starts Dec. 1, state human-resources spokesman Con Whipple said. Whipple said the change comes after Gov. Mike Leavitt's office brought up the issue after getting Shurtleff's opinion, which was apparently sent to them several months ago. Shurtleff spokesman Paul Murphy, citing attorney/client privilege, said he can't release the opinion. "But Mark had his staff write it at his direction" after being requested by "several legislators" to look into the situation. Shurtleff "is, as you know, a strong supporter of gun rights" and took an interest in the issue, Murphy added. Whipple said, "We received a request from the governor, made after a legal opinion - which is covered by attorney/client privilege - saying that the rule is probably in conflict" with the state statute. The rule to be rescinded reads: "Employees shall not carry firearms in any facility owned or operated by the state, or in any state vehicle, or at any time or any place while on state business." Law officers or those who must carry weapons as part of their jobs are exempt from the rule. Likewise, there are exceptions to the concealed-weapons law - all weapons are banned in airports, jails and courts of law. They can also be banned from churches and private residences, but the owners of the property must somehow tell visitors all weapons are banned. Some Utah churches have posted "no weapons" signs at their doors. But outside of those exceptions, a law-abiding citizen with a concealed-carry permit can carry weapons almost anywhere - even though a number of state and local entities and school districts still have policies against firearms on their properties. Gun-control advocates say Utah has one of the most liberal concealed-carry laws in the nation. Elwood Powell, chairman of the Utah Shooting Sports Council, a Second Amendment rights group, said it's about time the state recognized that its personnel rule violated state law and got rid of it. "We always thought it was in conflict, and a legislative attorney's opinion said that more than a year ago," Powell said. Maura Carabello of the Gun Violence Prevention Center of Utah said she's disappointed by the change. "I and other Utahns have to interact with government in state offices, and we should be able to presume that those places are safe" from those carrying concealed weapons. Her group is running a citizen initiative petition seeking to ban all weapons from public schools and churches. There's no way to determine how many of the state's 16,000 employees hold concealed-weapons permits or would bring guns to work if they did. The list of permit-holders is secret, known only to law enforcement officials. Across the state, just over 42,000 adults have concealed-carry permits. Whipple said there have been only a handful of problems with state workers bringing their concealed weapons to work. In cases where they were caught, disciplinary action was taken, starting with putting a letter of reprimand in the offender's personnel record. Whipple said after the rule is officially rescinded, "we will look at the alternatives" in controlling weapons in state buildings, state cars and on state employees who are engaged in state business. Other state entities, such as the University of Utah, have independent policies that ban all weapons from their facilities, whether carried by staff, students or visitors. If a new anti-weapon rule for state employees is adopted by state personnel officials, it won't be until next July, after the review is finished, Whipple said. Powell, an attorney, said he had no advice to give state officials should they try again to ban legally permitted concealed weapons from employees on the job. "Except I'd say if someone (in a state building) is harmed by some loony(who attacks them), then the state should pick up all the social and medical costs for denying the constitutionally protected right of self-protection." Leavitt, over the past two years, has often found himself on the political wrong side of Second Amendment rights advocates, many of them in his own Republican Party. Leavitt originally wanted action to clearly ban all guns - including those carried by law-abiding concealed-weapon permit-holders - from public schools and churches. A series of Deseret News/KSL public opinion polls shows most Utahns agree with that stand. GOP legislative leaders two years ago refused Leavitt's attempt to call a special legislative session to deal with some gun violence issues following two high-profile shootings in downtown Salt Lake City. Gun-rights advocates formed the core of an anti-Leavitt movement within the Utah Republican Party that saw Leavitt - popular among Utahns at large - denied renomination outright in the 2000 state GOP convention. Leavitt was forced into a primary with an unknown challenger from the right wing of his party. Ultimately, Leavitt won re-election to a third, four-year term in 2000. Shurtleff, a Republican who says he supports Second Amendment rights, helped out earlier this year when it appeared the State Republican Convention would ban concealed-weapons holders from packing their sidearms during a speech by Vice President Dick Cheney. The Secret Service routinely bans guns at events attended by the president and vice president. Shurtleff arranged for gun lockers to be set up outside the Sandy convention center and about two dozens conventioneers checked in their guns during Cheney's appearance. http://deseretnews.com/dn/view/0,1249,355007191,00.html