Jon Huntsman - The Second Amendment

Summary

Governor Huntsman signed three key pieces of legislation related to the second amendment while in office. The first of those laws was HB 67, HB 67 lowered the legal age for someone to apply for a big game hunting permit from 14 years old to 12 years old.

The other pieces of legislation were SB 38 and HB 357. These laws allowed people to have and store a loaded firearm in a motor vehicle without the need for a concealed carry permit.

In 2011, Governor Huntsman stated that would veto an assault weapons ban if he was elected President and the legislation was sent to him.

HB 67

In 2007, Governor Huntsman signed HB 67. This legislation lowered the age to apply for a big game hunting license to 12 years old.

AGE AMENDMENTS FOR HUNTING BIG GAME
2007 GENERAL SESSION
STATE OF UTAH

Chief Sponsor: Curtis Oda

Senate Sponsor: Margaret Dayton

LONG TITLE
General Description: This bill changes the age requirement for hunting big game.

Highlighted Provisions:
This bill:

• changes the age requirement to hunt big game from 14 to 12;
• prohibits a person under the age of 14 from obtaining certain permits; and
• makes technical changes.
• Monies Appropriated in this Bill: None

 

Other Special Clauses: None

Utah Code Sections Affected: AMENDS:

23-19-22, as last amended by Chapter 259, Laws of Utah 1995

Be it enacted by the Legislature of the state of Utah: Section 1. Section 23-19-22 is amended to read:

23-19-22. Big game hunting permit.

(1) A person [14] who is at least 12 years [of age or older] old, upon paying the fee prescribed by the Wildlife Board, may receive a permit to hunt big game as provided by rules of the Wildlife Board.

(2) A person [13] who is 11 years [of age] old may obtain a permit to hunt big game if that person's [14th] 12th birthday falls within the calendar year for which the permit is issued.

• (a) Except as provided by Subsection (3)(b), a person who is younger than 14 years old may not apply for or obtain the following types of big game permits issued by the division through a public drawing:
  
  • (i) premium limited entry;
  • (ii) limited entry;
  • (iii) once-in-a-lifetime; and
  • (iv) cooperative wildlife management unit.
• (b) A person who is 13 years old may obtain a type of permit listed in Subsection (3)(a) if that person's 14th birthday falls within the calendar year for which the permit is issued.

[(3)] (4) One dollar of each big game permit fee collected from a resident shall be used for the hunter education program as provided in Section 23-19-17 .

HB 357

In 2009, Governor Huntsman signed HB 357. That legislation essentually made it legal to transport a loaded firearm in your vehicle without a concealed carry permit.

LONG TITLE

General Description: This bill modifies provisions of the Utah Criminal Code related to firearms.

Highlighted Provisions:
This bill: modifies the criminal penalties exception provisions related to carrying a concealed firearm to apply to a vehicle in a person's lawful possession and to a vehicle in the lawful possession of another, with the consent of that person;

allows a person to carry a loaded firearm in a vehicle in the person's lawful possession or in a vehicle with the consent of the person lawfully in possession of the vehicle;

allows for the possession of a loaded firearm on a person's real property; and makes certain technical changes.

Monies Appropriated in this Bill: None

Other Special Clauses: None

Utah Code Sections Affected: AMENDS:

76-10-504, as last amended by Laws of Utah 2005, Chapter 2
76-10-505, as last amended by Laws of Utah 1990, Chapter 328
76-10-511, as last amended by Laws of Utah 1993, Chapter 234
76-10-523, as last amended by Laws of Utah 2003, Chapter 202
 

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-10-504 is amended to read: 76-10-504. Carrying concealed dangerous weapon -- Penalties.

(1) Except as provided in Section 76-10-503 and in Subsections (2) [and], (3)[: (a)], and (4), a person who carries a concealed dangerous weapon, as defined in Section 76-10-501 , [which is not a] including an unloaded firearm on his or her person or one that is readily accessible for immediate use which is not securely encased, as defined in this part, in or on a place other than [his] the person's residence, property, a vehicle in the person's lawful possession, or a vehicle, with the consent of the individual who is lawfully in possession of the vehicle, or business under [his] the person's control is guilty of a class B misdemeanor[; and]. [(b) a person without a valid concealed firearm permit]

(2) A person who carries a concealed dangerous weapon which is a loaded firearm [and that contains no ammunition is guilty of a class B misdemeanor, but if the firearm contains ammunition the person] in violation of Subsection (1) is guilty of a class A misdemeanor.

[(2)] (3) A person who carries concealed a sawed-off shotgun or a sawed-off rifle is guilty of a second degree felony.

[(3)] (4) If the concealed firearm is used in the commission of a violent felony as defined in Section 76-3-203.5 , and the person is a party to the offense, the person is guilty of a second degree felony.

[(4)] (5) Nothing in Subsection (1) or (2) shall prohibit a person engaged in the lawful taking of protected or unprotected wildlife as defined in Title 23, Wildlife Resources Code of Utah, from carrying a concealed weapon or a concealed firearm with a barrel length of four inches or greater as long as the taking of wildlife does not occur:

(a) within the limits of a municipality in violation of that municipality's ordinances; or (b) upon the highways of the state as defined in Section 41-6a-102 .

Section 2. Section 76-10-505 is amended to read:       

76-10-505. Carrying loaded firearm in vehicle or on street.
(1) Unless otherwise authorized by law, a person may not carry a loaded firearm:
(a) in or on a vehicle[;], unless: (i) the vehicle is in the person's lawful possession; or (ii) the person is carrying the loaded firearm in a vehicle with the consent of the person lawfully in possession of the vehicle;
(b) on [any] a public street; or
(c) in a posted prohibited area.

(2) Subsection (1)(a) does not apply to a minor under 18 years of age, since a minor under 18 years of age may not carry a loaded firearm in or on a vehicle.

(3) Notwithstanding Subsection (1)(a)(i) and (ii), a person may not possess a loaded rifle, shotgun, or muzzle-loading rifle in a vehicle.

[(2)] (4) A violation of this section is a class B misdemeanor.

Section 3. Section 76-10-511 is amended to read:

76-10-511. Possession of loaded firearm at residence or on real property authorized.

Except for persons described in Section 76-10-503 and 18 U.S.C. Sec. 922(g) and as otherwise prescribed in this part, a person may have a loaded firearm [at his]: (1) at the person's place of residence, including any temporary residence or camp[.]; or (2) on the person's real property.

Section 4. Section 76-10-523 is amended to read:

76-10-523. Persons exempt from weapons laws.

(1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to any of the following:
(a) a United States marshal;
(b) a federal official required to carry a firearm;
(c) a peace officer of this or any other jurisdiction;
(d) a law enforcement official as defined and qualified under Section 53-5-711 ;
(e) a judge as defined and qualified under Section 53-5-711 ;
(f) a common carrier while engaged in the regular and ordinary transport of firearms as merchandise; or
(g) a nonresident traveling in or through the state, provided that any firearm is:
(i) unloaded; and
(ii) securely encased as defined in Section 76-10-501 .

(2) The provisions of Subsections 76-10-504 (1)[(a), (1)(b)] and (2), and Section 76-10-505 do not apply to any person to whom a permit to carry a concealed firearm has been issued:
(a) pursuant to Section 53-5-704 ; or
(b) by another state or county.

SB 38

In 2009, Governor Huntsman also sign SB 38. SB 38 would allow a person to store a firearm in their vehicle.

LONG TITLE

General Description:
This bill modifies Title 34, Labor in General, by enacting Title 34, Chapter 45, Protection of Activities in Private Vehicles.

Highlighted Provisions: This bill:

• provides definitions;
• prohibits certain persons from creating or enforcing a policy that prohibits the storage of firearms in a motor vehicle parked on property owned, leased, or otherwise controlled by the person if:
• the individual storing the firearm is legally entitled to possess and transport the firearm;
• the vehicle is locked, or the firearm is in a locked container; and the firearm is not in plain view;
• provides exceptions for persons with secured lots under certain circumstances;
• prohibits certain persons from creating or enforcing a policy that prohibits the display or possession of items in or on a vehicle parked on property owned, leased, or otherwise controlled by the person if the policy results in a substantial burden on the free exercise of religion;
• provides protections from civil liability in relation to occurrences that result from, are connected with, or are incidental to the use of a firearm that is properly stored or transported in a motor vehicle in association with this chapter;
• permits an individual to bring a civil action to enforce the requirements of this chapter;
• permits a court to grant injunctive relief, declaratory relief, damages, costs, and attorney fees in association with a suit brought to enforce the requirements of this chapter;
• provides exceptions;
• permits the attorney general to bring an action to enforce the chapter and to request damages on behalf of any individual that has suffered loss due to a violation of this chapter;
• makes certain documents filed with the attorney general private records; and makes technical changes.

 

Monies Appropriated in this Bill: None

Other Special Clauses: None

 Utah Code Sections Affected: AMENDS:

63G-2-302, as last amended by Laws of Utah 2008, Chapter 91 and renumbered and amended by Laws of Utah 2008, Chapter 382

ENACTS:

34-45-101, Utah Code Annotated 1953

34-45-102, Utah Code Annotated 1953
34-45-103, Utah Code Annotated 1953
34-45-104, Utah Code Annotated 1953
34-45-105, Utah Code Annotated 1953
34-45-106, Utah Code Annotated 1953
34-45-107, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:

Section 1. Section 34-45-101 is enacted to read:

CHAPTER 45. PROTECTION OF ACTIVITIES IN PRIVATE VEHICLES

34-45-101. Title.This chapter is known as "Protection of Activities in Private Vehicles."

Section 2. Section 34-45-102 is enacted to read: 34-45-102. Definitions.
As used in this chapter:
(1) "Firearm" has the same meaning as provided in Section 76-10-501 .
(2) "Motor vehicle" has the same meaning as provided in Section 41-1a-102 .

(3) "Person" means an individual, property owner, landlord, tenant, employer, business entity, or other legal entity.

Section 3. Section 34-45-103 is enacted to read: 34-45-103. Protection of certain activities -- Firearms -- Free exercise of religion.

(1) Except as provided in Subsection (2), a person may not establish, maintain, or enforce any policy or rule that has the effect of:
(a) prohibiting any individual from transporting or storing a firearm in a motor vehicle on any property designated for motor vehicle parking, if:
(i) the individual is legally permitted to transport, possess, purchase, receive, transfer, or store the firearm;
(ii) the firearm is locked securely in the motor vehicle or in a locked container attached to the motor vehicle while the motor vehicle is not occupied; and

(iii) the firearm is not in plain view from the outside of the motor vehicle; or (b) prohibiting any individual from possessing any item in or on a motor vehicle on any property designated for motor vehicle parking, if the effect of the policy or rule constitutes a substantial burden on that individual's free exercise of religion.

(2) A person may establish, maintain, or enforce a policy or rule that has the effect of placing limitations on or prohibiting an individual from transporting or storing a firearm in a motor vehicle on property the person has designated for motor vehicle parking if:

(a) the person provides, or there is otherwise available, one of the following, in a location reasonably proximate to the property the person has designated for motor vehicle parking:

(i) alternative parking for individuals who desire to transport, possess, receive, transfer, or store a firearm in the individual's motor vehicle at no additional cost to the individual; or (ii) a secured and monitored storage location where the individual may securely store a firearm before proceeding with the vehicle into the secured parking area; or (b) the person complies with Subsection 34-45-107 (5).

Section 4. Section 34-45-104 is enacted to read: 34-45-104. Protection from liability.

A person that owns or controls a parking area that is subject to this chapter and that complies with the requirements of Section 34-45-103 is not liable in any civil action for any occurrence resulting from, connected with, or incidental to the use of a firearm, by any person, unless the use of the firearm involves a criminal act by the person who owns or controls the parking area.

Section 5. Section 34-45-105 is enacted to read: 34-45-105. Cause of action for noncompliance -- Remedies.
(1) An individual who is injured, physically or otherwise, as a result of any policy or rule prohibited by Section 34-45-103 , may bring a civil action in a court of competent jurisdiction against any person that violates the provisions of Section 34-45-103 .
(2) Any individual who asserts a claim under this section is entitled to request:
(a) declaratory relief;
(b) temporary or permanent injunctive relief to prevent the threatened or continued violation;
(c) recovery for actual damages sustained; and
(d) punitive damages, if:
(i) serious bodily injury or death occurs as a result of the violation of Section 34-45-103 ; or

(ii) the person who violates Section 34-45-103 has previously been notified by the attorney general that a policy or rule violates Section 34-45-103 .

(3) The prevailing party in an action brought under this chapter may recover its court costs and reasonable attorney fees incurred.

(4) Nothing in this chapter shall be construed or held to affect any rights or claims made in relation to Title 34A, Chapter 2, Workers' Compensation Act.

Section 6. Section 34-45-106 is enacted to read: 34-45-106. Enforcement by attorney general.

(1) The attorney general may bring an action to enforce this chapter and may request any relief that is provided for under Section 34-45-105 , including a request for damages on behalf of any individual suffering loss because of a violation of this chapter.

(2) Upon entry of final judgment for a cause of action brought under this section, the court may award restitution, when appropriate, to any individual suffering loss because of a violation of this chapter if proof of loss is submitted to the satisfaction of the court.

Section 7. Section 34-45-107 is enacted to read:
34-45-107. Exemptions -- Limitations on chapter -- School premises --
Government entities -- Religious organizations -- Single family detached residential units.

(1) (a) School premises, as defined in Subsection 76-3-203.2 (1), are exempt from the provisions of this chapter. (b) Possession of a firearm on or about school premises is subject to the provisions of Section 76-10-505.5 .

(2) Government entities, including a local authority or state entity, are subject to therequirements of Title 53, Chapter 5a, Firearm Laws, but are otherwise exempt from the  provisions of this chapter.

(3) Religious organizations, including religious organizations acting as an employer, are exempt from, and are not subject to the provisions of this chapter.

(4) Owner-occupied single family detached residential units and tenant-occupied single family detached residential units are exempt from the provisions of this chapter

(5) A person who is subject to federal law that specifically forbids the presence of a firearm from property designated for motor vehicle parking, or a person who is subject to Section 550 of the United States Department of Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in accordance with that section, is exempt from Section 34-45-103 if:

(a) providing alternative parking or a storage location under Subsection 34-45-103 (2)(a) would pose an undue burden on the person; and

(b) the person files a statement with the attorney general citing the federal law that forbids the presence of a firearm and detailing the reasons why providing alternative parking or a storage location poses an undue burden.

(6) A person who is subject to Section 550 of the United States Department of Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in accordance with that section is exempt from this chapter if:

(a) the person has attempted to provide alternative parking or a storage location in accordance with Subsection 34-45-103 (2)(a);

(b) the secretary of the federal Department of Homeland Security notifies the personthat the provision of alternative parking or a storage location causes the person to be out of compliance with Section 550 of the United States Department of Homeland Security

Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in accordance with that section and the person may be subject to punitive measures; and (c) the person files a detailed statement with the attorney general notifying the attorney general of the facts under Subsections (6)(a) and (b).

Section 8. Section 63G-2-302 is amended to read:

63G-2-302. Private records.
(1) The following records are private:
(a) records concerning an individual's eligibility for unemployment insurance benefits, social services, welfare benefits, or the determination of benefit levels;
(b) records containing data on individuals describing medical history, diagnosis, condition, treatment, evaluation, or similar medical data;
(c) records of publicly funded libraries that when examined alone or with other records identify a patron;
(d) records received or generated for a Senate or House Ethics Committee concerning any alleged violation of the rules on legislative ethics, prior to the meeting, and after the meeting, if the ethics committee meeting was closed to the public;
(e) records received or generated for a Senate confirmation committee concerning character, professional competence, or physical or mental health of an individual:
 (i) if prior to the meeting, the chair of the committee determines release of the records:
(A) reasonably could be expected to interfere with the investigation undertaken by the committee; or
(B) would create a danger of depriving a person of a right to a fair proceeding or impartial hearing; and
(ii) after the meeting, if the meeting was closed to the public;

(f) employment records concerning a current or former employee of, or applicant for employment with, a governmental entity that would disclose that individual's home address, home telephone number, Social Security number, insurance coverage, marital status, or payroll deductions;

(g) records or parts of records under Section 63G-2-303 that a current or former
employee identifies as private according to the requirements of that section;
(h) that part of a record indicating a person's Social Security number or federal
employer identification number if provided under Section 31A-23a-104 , 31A-25-202 ,
31A-26-202 , 58-1-301 , 61-1-4 , or 61-2-6 ;

(i) that part of a voter registration record identifying a voter's driver license or identification card number, Social Security number, or last four digits of the Social Security number;
(j) a record that:
(i) contains information about an individual;
(ii) is voluntarily provided by the individual; and
(iii) goes into an electronic database that:
(A) is designated by and administered under the authority of the Chief InformationOfficer; and
(B) acts as a repository of information about the individual that can be electronically retrieved and used to facilitate the individual's online interaction with a state agency;
(k) information provided to the Commissioner of Insurance under:
(i) Subsection 31A-23a-115 (2)(a); or
(ii) Subsection 31A-23a-302 (3); [and]

(l) information obtained through a criminal background check under Title 11, Chapter 40, Criminal Background Checks by Political Subdivisions Operating Water Systems[.]; and (m) a statement and any supporting documentation filed with the attorney general in accordance with Section 34-45-107 , if the federal law or action supporting the filing involves homeland security.

(2) The following records are private if properly classified by a governmental entity:
(a) records concerning a current or former employee of, or applicant for employmentwith a governmental entity, including performance evaluations and personal status information such as race, religion, or disabilities, but not including records that are public under

Subsection 63G-2-301 (2)(b) or 63G-2-301 (3)(o), or private under Subsection (1)(b);
(b) records describing an individual's finances, except that the following are public:
(i) records described in Subsection 63G-2-301 (2);
(ii) information provided to the governmental entity for the purpose of complying with a financial assurance requirement; or
(iii) records that must be disclosed in accordance with another statute;

(c) records of independent state agencies if the disclosure of those records would conflict with the fiduciary obligations of the agency;

(d) other records containing data on individuals the disclosure of which constitutes a clearly unwarranted invasion of personal privacy;

(e) records provided by the United States or by a government entity outside the state that are given with the requirement that the records be managed as private records, if the providing entity states in writing that the record would not be subject to public disclosure if retained by it; and

(f) any portion of a record in the custody of the Division of Aging and Adult Services, created in Section 62A-3-102 , that may disclose, or lead to the discovery of, the identity of a person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult.

(3) (a) As used in this Subsection (3), "medical records" means medical reports, records, statements, history, diagnosis, condition, treatment, and evaluation.

(b) Medical records in the possession of the University of Utah Hospital, its clinics, doctors, or affiliated entities are not private records or controlled records under Section 63G-2-304 when the records are sought:

(i) in connection with any legal or administrative proceeding in which the patient's physical, mental, or emotional condition is an element of any claim or defense; or

(ii) after a patient's death, in any legal or administrative proceeding in which any party relies upon the condition as an element of the claim or defense.

(c) Medical records are subject to production in a legal or administrative proceeding according to state or federal statutes or rules of procedure and evidence as if the medical records were in the possession of a nongovernmental medical care provider.

Assautl Weapons Ban

In June of 2011, Governor Huntsman appeared on the Hugh Hewitt show and was asked if he would veto an assault weapons ban. He stated in the interview that he would not veto an assault weapons ban. Later, he stated that he misunderstood the question and would indeed veto an assault weapons ban.

Hewitt: Governor, let’s close with four quick issue sets to get you located on the political map. Do you support a right to life amendment?

Huntsman: I do support a right to life amendment.

Hewitt: Would you veto an assault weapons ban?

Huntsman: I would not veto an assault weapons ban

The following day, Governor Huntsman sent an email to the Hugh Hewitt show and stated that he misunderstood the question and that he would indeed veto an assault weapons ban.

Hugh, I clearly misunderstood your question regarding the assault weapons ban. I would absolutely veto the ban. I have always stood firmly for 2nd Amendment rights, and my record in Utah reflects it. With a name like 'Huntsman' it really goes without saying.

References

[1] Website: ABC News Article: Jon Huntsman’s Gun Ban Gaffe Author: Sarah Kunin Accessed on: 01/11/2012

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