Warnings Regarding
Communicating with Officials & Open Carry Risks
The following is designed to
assist you in making clear, informed, and empowered
decisions at this event, and elsewhere in your political
interactions.
Utah's Prohibition Against
Political Free Speech
When communicating with legislators,
be advised that, in 1991, the Utah
legislature enacted the following
abhorrent statute:
Threats to influence official or political action.
(1) A person is guilty
of a class A misdemeanor if he threatens any harm to a
public servant, party official, or voter with a
purpose of influencing his action, decision, opinion,
recommendation, nomination, vote, or other exercise of
discretion.
(2) As used
in this section:
(a)
"Harm" means ANY disadvantage or injury,
pecuniary or otherwise, including
disadvantage or injury to any other person or entity in
whose welfare the public servant, party official, or voter
is interested.
(b) "Public servant" does not include
jurors.
Source:
Utah state state 76-8-104 [bold and bold caps added]
In other words, if you, in any
way, "threaten" to "harm" an official's precious political
interests, one of these cowardly snowflakes can
theoretically seek to have you arrested and charged
with a Class A Misdemeanor,
punishable by up to 364 days in jail and a fine of as much
as $2,500.
Phrases like, "If you vote for gun control, I'll vote you
out of office," may be viewed as "threatening harm."
Whether this statute can hold up in court is another
matter. However,
no
court experience is free or without risk to the defendant.
And that was/is the statutory intent:
To stifle free speech (i.e. a "chilling effect")
and to attempt to force Citizens to cower in fear before
corrupt, disgusting, and abusive politicians.
"Unholstered" Open Carry
Risks
Many have sought clarification regarding Utah's
open carry statutes with regard to rifles and shotguns. UT
Gun Rights does NOT provide legal advice or counsel,
however, the following article should be seriously
considered:
"2014's
Trojan Horse: Lessons for Utah Gun Owners."
Regardless of opinions to the contrary,
or whether Statute Enforcement Agents (SEAs) currently
enforce the statute consistently, Utah
legislators involved in the drafting and enactment of HB
276 in 2014 repeatedly and publicly asserted that, under
their bill, OPEN CARRY WEAPONS MUST BE HOLSTERED OR
ENCASED. See the aforementioned article for
their quotes.
