American Fork man defends his gun rights after cited by police
AMERICAN FORK, Utah—
An American Fork man says his right to bear arms was violated after police stopped and cited him for disorderly conduct.
Spencer Bergon is a manager at Walmart. He was getting ready to go target shooting with a friend and, while waiting for his ride, he took his guns out of his car to put them in their carrying cases.
At the same time a woman walked by and got scared.
Bergon says the woman came back and circled him in her car at least five times. He says he knew she was calling the police. Bergon says he left the area but was stopped by police in a church parking lot.
Police initially got a report from the woman saying that she thought Bergon was following her.
“We found that was nowhere near the case,” said American Fork Police Sgt. Gregg Ludlow.
Police gave no real explanation on the ticket as to why he was cited for disorderly conduct.
Man says Utah gun laws show he shouldn't have been cited
Title 76 Utah Criminal Code
Chapter 9 Offenses Against Public Order and Decency
Section 102 Disorderly conduct.
76-9-102. Disorderly conduct.
(1) A person is guilty of disorderly conduct if:
(a) he refuses to comply with the lawful order of the police to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or (b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he:
(i) engages in fighting or in violent, tumultuous, or threatening behavior;
(ii) makes unreasonable noises in a public place;
(iii) makes unreasonable noises in a private place which can be heard in a public place; or
(iv) obstructs vehicular or pedestrian traffic.
(2) "Public place," for the purpose of this section, means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
(3) Disorderly conduct is a class C misdemeanor if the offense continues after a request by a person to desist. Otherwise it is an infraction.
Amended by Chapter 20, 1999 General Session
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Circled him five times then “Police initially got a report from the woman saying that she thought Bergon was following her”? I don’t even know how she could claim she was afraid.
Sounds like a false report. Think I would get a lawyer and see how much money I could get from her.
God Bless America, and please hurry. When I was young I knew all the answers. When I got older I started to realize I just hadn’t quite understood the questions.-Me
Another observed result, He who calls first is the victim, he who is contacted is the criminal…. Until proven otherwise.. Even my LEO friends say that is the mental mindset that comes to them first, and a good LEO, regardless of what “right is” has to work though that mind set with effort….because, most often it is accurate.. just not always.
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bronco78 wrote:Another observed result, He who calls first is the victim, he who is contacted is the criminal…. Until proven otherwise.. Even my LEO friends say that is the mental mindset that comes to them first, and a good LEO, regardless of what “right is” has to work though that mind set with effort….because, most often it is accurate.. just not always.
A lot of folks pan Massad Ayoob, but that is one of the things he pointed out a book on concealed carry that he wrote.
It seems obvious to me that she's an anti-gun nut who went out of her way to make trouble for a gun owner. She very obviously was NOT afraid. I've read of cases where these wackos make false reports on people who simply have an NRA sticker on their vehicle. This is a tactic of the left and I wouldn't be at all surprised to find that this woman had read of, or been instructed in this tactic as a means of harassing gun owners --the enemy. If you don't share the views of these leftists then you're beneath them and have no rights worthy of their consideration.
"Journalism, n. A job for people who flunked out of STEM courses, enjoy making up stories, and have no detectable integrity or morals."
...she's no different than the one who traipses into a restaurant, heads straight for the smoking section...plops down one table away from a man with a cigarette in his hand, then proceeds to cough, choke, and gag, calls the manager...and generally harasses him till he either puts the cigarette out or leaves...rather than sit in the no-smoking section...
Utah Code Title 53 Public Safety Code
Chapter 5a Firearm Laws
Section 102 Uniform firearm laws
53-5a-102. Uniform firearm laws.
(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.
One loves to possess arms, though they hope never to have occasion for them. -Thomas Jefferson
This is probably unrelated to the charges filed, (except for the State Entity/Police enforcing the : "Disorderly Conduct" charge in this instance, but moreover ... very Interesting (considering discharge of firearms in city limits/noise municipal ordinances we have in Texas ... I like that language in that portion of their Code/Constitution):
Of course the Legislature specifically authorized the Disorderly Conduct Statute...by statute. but it's interesting language.
(5) Unless specifically authorized by the Legislature by statute, a local authority or state entitymay 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
Issue: In this instance, is Disorderly Conduct for discharging a firearm even An unenforceable law (use) then how can putting the guns in rifle cases be enforceable? ? .... sounds like the sign hospitals are required to post here which purport to prohibit concealed carry by licensees, but doesn't, but they are required to post the unenforceable sign ...
And this part ... I really like
(b) "local authority or state entity" includes public school districts, public schools, and state institutions of higher education.
Last edited by RPB on Tue Feb 21, 2012 6:48 pm, edited 1 time in total.
I'm no lawyer
"Never show your hole card" "Always have something in reserve"
Title 76 Utah Criminal Code
Chapter 9 Offenses Against Public Order and Decency
Section 102 Disorderly conduct.
76-9-102. Disorderly conduct.
(1) A person is guilty of disorderly conduct if:
(a) he refuses to comply with the lawful order of the police to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or (b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he:
(i) engages in fighting or in violent, tumultuous, or threatening behavior;
(ii) makes unreasonable noises in a public place;
(iii) makes unreasonable noises in a private place which can be heard in a public place; or
(iv) obstructs vehicular or pedestrian traffic.
(2) "Public place," for the purpose of this section, means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
(3) Disorderly conduct is a class C misdemeanor if the offense continues after a request by a person to desist. Otherwise it is an infraction.
Amended by Chapter 20, 1999 General Session
This is still a huge stretch, especially considering that Utah does allow open carry without a permit.
The bottom line is that he did nothing wrong or illegal and the woman intentionally harrassed him and lied to the police. She is the one who should have the legal issues to deal with.
