HB76 and You


A bill passed the legislature this session, that sadly shouldn’t even need to be passed, but alas, we must tell the government where it’s boundaries lie, over and over again.

Thisherbert bill now sits on the Governor’s desk waiting for a signature, or a veto.  I have personally called the Governor’s office asking him to sign the bill, but I have heard a few arguments as to why the state government should require a license to carry a firearm concealed. I would like to show you the fallacies of the argument that the government needs to be involved.

A great guy and good conservative sent me an email stating that while he supports the 2nd amendment, feels that

“…all gun owners need to get a license just as for driving a car. There needs to be a test passed to show you know how to handle a gun safely just like a car. I think the NRA should provide the training and administer the test for a fee.  Then the government would issue the license.”

I really respect other people’s opinions, and I do not fault my friend for his views, however, I want to point out some things, that maybe he hadn’t thought about to the blogosphere, since others may feel the same way, and hadn’t thought about some of these things before.

Driving a car and carrying a gun are not the same at all.  Do I agree that every responsible gun owner should take a class or two (or ten) on gun safety and gun use?  Of course.  That just seems like common sense.  I would never let my teenager just jump behind the wheel of a car without teaching her how to drive, just as I would never allow my child to handle a gun without proper instruction.  But that is about where the similarities end.  Truthfully, I don’t even think a driver’s license should be necessary, but let’s save that for another day.  Let’s just pretend that I do believe a driver’s license is necessary for today’s example.

Driving a car is a privilege.  While you can argue that driving may help you “pursue your happiness”, it does not have the “right to life” attached to it.  On the other hand, your right to life, is enabled by your ability to protect yourself.  This is a right, and not a privilege.  This is fundamental to our living in a free, civilized society. And this right does not come from government, so one cannot be granted that right by government.

Some friends of mine have land up in the mountains.  They keep their animals up there.  Every day their two young daughters travel by four-wheeler up the mountain to feed the animals.  They have chickens and goats, and a few other small animals.  This mountain country, especially in the winter has been known for cougars.  These girls have the RIGHT, to protect themselves, and should carry a gun with them each time they travel there.  Responsible parents, have taught these two daughters how to shoot and handle guns.  Yes, they are dangerous if used improperly, but it is much more dangerous to leave them unarmed.  They are prepared in case there is any danger.  Should they have to get a permit and be 18 years old to protect themselves?

Guns are a part of our heritage.  While society isn’t like it was in the days of the wild west, we still have dangers all around us.  Our society will actually be safer if we are armed.  I feel safer when I see someone carrying a sidearm in public.  I know they understand their responsibility as a member of society to only use it when real danger exists, and I know they would use it if necessary, or they wouldn’t be carrying it.

I met a girl the other day at my Republican Women’s meeting.  She is a rape victim.  She now always carries a gun.  She was attacked again, and she grabbed her gun.  Her would-be attacker said, “Wrong (expletive) girl.”  She replied, “You got that right.”  Should she have to go to a class or pay a fee and get a license to have that right to protect herself?  It’s called “The Bill of Rights” for a reason.

Utah does have open carry laws, but many people stare or are even scared if they see open carry as our gun culture, sadly, is slowly eroding.  Being able to conceal carry, without the government sticking their hand in your wallet or putting you on a list, is a natural right.  You have the right to life.  You have the right to protect yourself and your family. wallet

It is important that we re-engage the gun culture of our society.  It is important that we not treat guns as something to fear, but as  something that empowers us, and our communities.  I live in a very rural area.  Everyone has a gun.  I love it.

I hope that Governor Herbert will do the right thing and sign this bill.  I can see no reason why he would not.  A free people, an armed people, have nothing to fear.  So unless the Governor is afraid of us, he would sign it.

Freedom can win.

15 thoughts on “HB76 and You

    • Being in favor of reasonable controls on the USE of guns by private citizens isn’t the same as being anti-gun. Being in favor of gun regulation, including registration and licensing is in the spirit of the 2nd amendment, which addresses the need (back then) for a ‘well-regulated militia’. Even if the 80 million private gun owners in America could somehow be considered a ‘militia’, the constitution still mandates REGULATION.

      This hysterical insistence on the ‘right’ of any private citizen to own any type of gun they want to, without any controls whatsoever does not really advance the necessary dialog on the issue I don’t think.


    • I’m sure the politicians were speechless because no one likes to put down or argue facts with 15 year old. And I doubt the scholarship she claims she got for shooting her AR15 required that it be with an AR15. I would think that competitive target shooting would/could/should be done with a target rifle.
      And I’m willing to bet most of her long winded speech she read was written by the Maryland Miniute Men, some other Pro Gun org or taken from a pro-gun website.
      I wonder what her feelings would be if she were actually shown the kind of damage another young kid did with an AR15 to the 20 kids at Sandy Hook.


      • And the same damage could have been done with a shotgun or handgun. It isn’t about the weapon. In China that same day a man went into a school and slashed 16 school children. It isn’t the weapon.

        Insanity happens. It’s a sad part of our society. Maybe we should look at the psychotropic drugs that are being prescribed in our country at an alarming rate.

        I’m glad we can have reasonable discussions, and show both sides.


        • That’s a little funny that you say it’s not the weapon…
          In the China incident you refer to, where the weapon was a knife, no one died…


          • I’m very aware that no one died in that case. There was another one that occurred earlier, where deaths did occur. Clearly, the crazies will do anything. Are we going to ban ALL guns, then? I will not live in fear. Fear causes people to lose their liberty. I am willing to give up a little temporary safety for my liberty. But, that’s me.


        • Let’s not get distracted from the main issue here by blaming ‘insanity’ or ‘drugs’ or video games or anything else for the insane levels of gun violence and deaths in this country. The issue is the complete lack of controls or oversight by society (through its government) on the ownership and use of lethal weapons that have no legitimate purpose except to kill people by the general populace.

          No other modern society tolerates that and neither should we (and we pay the price for that). Those who want to own and use a gun should be willing to accept some reasonable form of regulation on that ownership and use. There is simply no good reason to own a semi-automatic weapon AND be able to carry it (openly or concealed) into public places.

          In order to protect their 2nd amendment rights, while honoring the rights of others to feel safe in public, gun proponents need to work with the rest of the public to develop meaningful safeguards on the misuse of guns.


          • But that was the whole point of this bill. It wasn’t about AR-15’s, it was about handguns. You will feel more comfortable if you can’t see someone carrying. They will feel more comfortable carrying. That seems like a win / win to me.


  1. The 2nd Amendment to the Constitution is very simple. It reads;

    “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.”

    Please note the phrase ‘well-regulated Militia’; doesn’t that imply some form of regulation? And, who does the regulating? It doesn’t say ‘self-regulated’.

    Clearly the intent back then was not to promote the unregulated spread of guns across even a wild and woolly frontier – it was to provide for the defense of the people against the colonial power (Britain) that the fledgling nation was trying to break away from.

    For context, see the 3rd Amendment: “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law”. Which Soldiers were they referring to? At that time, the only soldiers were British soldiers, who frequently were billeted in private homes without the owners’ consent. These were issues unique to their time and need to be viewed in that context.

    Why can’t gun-owners accept some reasonable limits on their USE of firearms? Nothing in the 2nd amendment forbids licensing and registration the way I read it.

    I daresay it will take a Supreme Court interpretation of the limits of the 2nd amendment before some reason and sanity enters the national debate. I sure hope it comes sooner rather than later.


    • Pete, you are always good for logical debate. I like that about you.

      The people are to be a well-regulated militia. But the debate was to stop tyranny, from government, not violence from other citizens. So, if we are going to debate history, the American colonists at the time, after forming their government, felt that the 2nd amendment was necessary to ensure the Federal Government did not overstep it’s bounds with the states. Because at the forming, we were a strong Republic where state governments held power, and the people gave those state governments their power.

      Once the 16th and 17th amendments were in place, we lost our ability to be sovereign states within our nation, and became nation states, or a strictly national government (Nationalism), rather than a “federation of states” or a Republic (Federalism). This law is a good law because as it currently stands, someone who open carries in the state of Utah, and puts on a jacket during cold weather is suddenly a criminal. It matters not at all how much training they have or have not had on that firearm.

      It is my hope that anyone that purchases and uses guns is careful and receives a lot of training. My friends went to http://www.frontsight.com and paid for extensive training in Las Vegas. They said the classes were excellent and even after being around guns all of their lives as hunters, they learned so much about firearms, that they want to go back and take more classes.


      • Ah you’re probably right about the concern by States of the abuse of power some time in the unforeseeable future. I still think that this many centuries later we need to have a rational discussion about reasonable limits on the USE of guns by private citizens given the threats to public safety that 300 million unregulated guns represent.


          • Thanks Brent. I see the governor did veto this bill. Let’s hope that slows down our pell mell rush to eliminate all restrictions on the use of guns at the state level.


  2. Some people are claiming that HB76 will make our concealed carry permits useless–null and void. That is NOT true. You will still need a concealed carry permit to carry LOADED. Also, HB76 only allows you to carry concealed in UTAH only. You will still need a Utah concealed carry permit to carry in 35 other states where our permits are also good.
    You will also need a Utah Permit to carry on school grounds, AND you will still be charged $7.50 when purchasing a firearm from an FFL without a Utah CFP. Finally, very few people will sell to you via Utah Gun Exchange if you don’t have a Utah CFP.
    Sign the bill Governor!


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