On issues of public safety and firearms, the Utah Legislature relies heavily on its expectation that Utah citizens are “law-abiding” and will “do the right thing.” Unfortunately, not all citizens are law-abiding. Not all gun owners are responsible. Even in Utah.
This session’s passage of House Bill 60, which authorized permitless carry, relied largely on the argument that Utah does not need to require training on the lawful use of force, suicide prevention and the proper handling and storage of firearms, because Utah can rely on responsible gun owners to do the training on their own. However, the overwhelming weight of the studies shows that unpermitted right-to-carry increases violent crime.
The Legislature’s reliance on voluntary action has had tragic consequences. Between 2008 and 2018, the rate of firearm deaths per capita in Utah has increased by 36%. The Legislature’s reliance on voluntary action to address suicide and domestic violence is particularly concerning.
Rep. Cory Maloy has acknowledged that the current process for voluntary surrender of guns in a dangerous domestic situation by a cohabitant is used only “occasionally.” Yet, we all know that domestic violence involving a gun is not just an “occasional” problem.
The primary reason that voluntary surrender of a firearm by someone who is mentally unfit often does not work is the well-recognized inability of many persons with mental illness even to understand that they have a mental illness. As a result, the person goes off their medication — ”I’m not sick. Why should I take meds?”
It is the same with guns. “I’m not sick. Why should I surrender my guns?” The consequences are tragically predictable.
The sad reality is that there will be times when persons with mental illness will be a danger to themselves or to others. In such dangerous situations, public safety requires that a person’s guns be taken away — at least temporarily. The U.S. Supreme Court has made it crystal clear that the Second Amendment does not prohibit such a public-safety action. Relying only on the voluntary actions of Utah citizens will leave suicide and domestic violence involving guns at crisis levels in Utah.
Utah’s current background check law applies only to persons purchasing guns from federally licensed dealers. Utah annually denies a firearm purchase to more than 2,000 restricted persons who try to buy from a licensed dealer. But, the restricted person can simply turn around and buy a gun from an unlicensed seller at a gun show. No matter how law-abiding an unlicensed seller may be, he is not required to conduct a background check — and most do not.
Salt Lake County has closed that loophole, and an unlicensed seller at a gun show at a county facility must now do a background check. Yet, the Legislature is now busy with House Bill 76 trying to block that common-sense measure and won’t even give Rep. Brian King’s universal background check bill (House Bill 205) a public hearing — and this in the face of 88% of Utahns who support background checks for all gun sales.
Maybe the Legislature’s reliance on voluntary action would work in a “City on the Hill” inhabited only by law-abiding citizens and responsible gun owners, but Utahns have to live in the real world. The real world includes gun violence.
It’s time for Legislators to take off their rose-colored glasses and do something to make it harder for restricted persons to get guns. Passing the universal background check bill, HB205, would be a good start.
| Courtesy Ed Rutan, op-ed mug.
Ed Rutan is a member of the board of the Gun Violence Prevention Center of Utah. He was the city attorney for Salt Lake City for 10 years until he retired in 2013.
