Wednesday, January 5, 2011

U of U bans lawful carry of guns again!

The University of Utah (U of U), in defiance of state law as well as the US and Utah Constitutions, issued a secret policy to attack a constitutionally enumerated civil right of students and staff.

According to the Salt Lake Tribune, "The secret guidelines sent to police officers directs them to arrest anyone openly carrying a firearm if they don’t have a concealed-weapons permit. If the individual has a permit, officers are to instruct the gun owner to conceal the weapon or leave campus. Individuals who refuse can be cited, while repeat offenders can be arrested."

Utah has no restriction on the open carry of unloaded firearms by unlicensed responsible persons. U of U has taken upon itself the presumed authority to put these people in jail! Utah allows licensed adults to carry that firearm concealed or openly. U of U has taken upon itself the presumed authority to put these people in jail if they don't comply with the secret policy that the gun be hidden!

The mere fact that this policy was intended to be secret is sufficient evidence that the cowards in the University administration knew the policy is wrong and unlawful.

Then the cowards suspended two officers (who, like the U of U administration, have sworn faithfulness to the Utah and US Constitutions) because they were concerned about the unlawfulness of the directive and revealed its content.

Utah law (53B-3-103) "...authorize[s] higher education institutions to establish no more than one secure area at each institution as a hearing room as prescribed in Section 76-8-311.1, but not otherwise restrict the lawful possession or carrying of firearms..."

Further, Utah law (53-5a-102) states
(1) The individual right to keep and bear arms being a constitutionally protected right under Article I, Section 6 of the Utah Constitution, the Legislature finds the need to provide uniform civil and criminal firearm laws throughout the state.
(2) Except as specifically provided by state law, a local authority or state entity may not:
(a) prohibit an individual from owning, possessing, purchasing, selling, transferring, transporting, or keeping a firearm at the individual's place of residence, property, business, or in any vehicle lawfully in the individual's possession or lawfully under the individual's control; or
(b) require an individual to have a permit or license to purchase, own, possess, transport, or keep a firearm.
(3) In conjunction with Title 76, Chapter 10, Part 5, Weapons, this section is uniformly applicable throughout this state and in all its political subdivisions and municipalities.
(4) All authority to regulate firearms is reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities.
(5) Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on either public or private property.
(6) As used in this section:
(a) "firearm" has the same meaning as defined in Subsection 76-10-501(9); and
(b) "local authority or state entity" includes public school districts, public schools, and state institutions of higher education.
(7) Nothing in this section restricts or expands private property rights.
Therefore, the U of U, an alleged "state institution of higher education" therefore has no authority or right whatsoever to regulate how a person carries a firearm on campus, other than within a single hearing room.

Again, the mere fact that the U of U's policy was intended to be secret is sufficient evidence that the cowards in the University administration knew the policy is wrong and unlawful.

The Second Amendment to the US Constitution states,
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The Utah Constitution , Article I, Section 6, states,
The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the Legislature from defining the lawful use of arms.
What is it about "shall not be infringed" that hoplophobes don't understand?

According to Webster: "infringe: to encroach upon in a way that violates law or the rights of another." I have a right to keep an bear arms. However, Utah infringes on that right by demanding I have it's permission (a permit) to carry concealed or unloaded if openly carried. U of U further infringes on my right by demanding I only carry concealed.

Yet again, the mere fact that the U of U's policy was intended to be secret is sufficient evidence that the cowards in the University administration knew the policy is wrong and unlawful.

The U of U went through this defiance-of-State-law stage about 4 years ago. Now, they're back at it -- cowering behind secret memos. Every coward in the chain of command, up to the University president, who participated in the conspiracy to deny, in any way, the civil right of self protection or to suspend the whistle-blowing officers must undergo instruction in the content and original intent of the Utah and US Constitutions. Then, they must be terminated. The suspended officers, who have a sworn duty to support and defend the Utah and US Constitutions, must be restored to their jobs with full pay and a commendation.

By the way, criminals, by definition, carry and violently use arms without state or U of U permission. What does the U of U infringement of my rights do to convince criminals to behave themselves?



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