03 February 2012

Letter to State Representatives Concerning Firearm Laws

I would firstly like to commend you for considering legislation that clarifies the laws concerning firearms within the state.  Being a concealed firearm permit holder, however, I have learned that there are still many places the law is ambiguous with regards to the ability to peacefully possess a firearm.  

In my understanding, a concealed firearm permit holder (or anyone for that matter) may not carry a firearm into a house of worship, or a private residence, if the proper notice has been given in accordance with Section 76-10-530 of the state code.  What the code does not address is peaceful possession of a firearm on another person's property, such as a private institution of higher learning, for those with a valid concealed firearm permit, or a business, for citizens regardless of having such a permit.  This troubles me because I don't know whether the courts will interpret the law in my favor should the police be called while I am in such a place, and believe I am within my rights.

Currently, the Bureau of Criminal Identification's website has the following listed under their "Frequently Asked Questions" section:
As a permit holder, exactly, where can I carry or not carry a handgun?
The concealed firearm permit allows an individual to carry a firearm fully loaded and concealed.  The permit also allows an individual to carry a firearm into public schools. Permit holders can not carry a firearm into federal or state restricted areas i.e. any airport secured area, federal facilities, courts, correctional & mental health facilities, law enforcement secured areas, a house of worship or private residence where notice given and/or posted, any secured area in which firearms are prohibited and notice posted, or otherwise prohibited by state of federal law.

What about private businesses? Can they post signs prohibiting someone from carrying a gun into their business even though the person has a concealed firearms permit?
Naturally, private property owners may apply whatever restrictions they want. Whether or not these restrictions violate one's constitutional rights is for the civil courts to decide. But the only statutory restrictions on a permit holder are secured areas such as airports and federal buildings.

The highlighted part here is what concerns me the most.   As the law is currently written, I can be arrested and convicted of a crime that I didn't even know about, even after thorough study of the state code.  

I would kindly ask that you study these issues and introduce a bill clarifying this point.  My recommendation would be that a permit holder, who must have cleared an FBI background check in order to obtain his permit, should be allowed to carry on the private property of others, if the prohibition thereof is not posted or verbally communicated.  Personally, I feel that in a place of public accommodation, such as a business, a permit holder should be allowed to carry, irregardless of any posting or notice, with the trespassing laws still in full force.  I feel that those without permits should be allowed to carry in both situations, unless prohibition is posted, or notice is otherwise given.  Attached is an Excel spreadsheet summarizing the current prohibitions on firearms, with my proposed clarifying legislation in bold.

Please do not allow the civil courts to create these laws for you.

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