SALT LAKE CITY — For months, the Utah State Legislature has been butting heads with the Salt Lake City Police Department – accusing the agency of intentionally circumventing gun laws at Salt Lake City International Airport.
The dispute is so heated, lawmakers came close to passing a bill that would force SLCPD to be kicked out of the airport altogether and replaced by Utah Highway Patrol.
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It started when a group of lawmakers expressed concern with the department’s enforcement of HB461, which was sponsored by Rep. Stephanie Gricius (R-Eagle Mountain) and passed in 2023.
The bill set out to ensure travelers who honestly forgot about a gun in their carry-on bag are no longer issued a state citation for criminal negligence. Such mistakes would still be punished by the federal government. The law still allowed law enforcement to issue citations for “reckless” or “willful” behavior.
SLCPD testified against the bill, citing its commitment to keeping the airport safe.
“As a gun owner, I believe you need to be responsible and have some idea of where your gun is,” said SLCPD Capt. Stefhan Bennett at a February 2023 hearing.
When the bill passed, Gricius said she learned of a scheme within the department to intentionally mislabel most cases as “recklessness” instead of “negligence.”
Gricius said she spoke with nine officers who reported being required to write tickets contrary to the legislative intent of her law.
One officer was placed under internal investigation for trying to enforce the new law instead of following orders.
“I would love to shake his hand and tell him thank you for standing up and risking his employment,” Gricius said. “I’ve spoken with SLCPD. I’ve made my wishes clear that he should be reinstated. That’s a personnel decision, and I don’t have direct authority over that.”
The officer has been on paid administrative leave for months. SLCPD declined to comment.
The union representing officers said SLCPD’s lack of willingness to interpret the law in line with the legislature's intent is “embarrassing.”
“If an officer believes there’s no evidence that a crime existed, they have to let them go,” explained Salt Lake Police Association President Joe McBride.
In August, the department defended its interpretation of the law but refused to talk about the officer who was placed on leave.
“Do you feel that policy that you’ve enacted or have been carrying out is in line with the legislative intent of the law?” asked Rep. Matthew Gwynn, R-Farr West.
“I feel it’s in accordance with the way the law is written,” responded Capt. Bennett.
“Okay,” Gwynn said, “but do you feel it is in line with the legislative intent?”
“I can’t speak to the intent,” Capt. Bennett said.
Some lawmakers said SLCPD's defense of its policies and procedures made the problem worse.
“It very much felt like they were digging in their heels,” Gricius said.
In response, Gricius drafted HB56 – which would remove SLCPD from the airport.
Some lawmakers privately referred to the bill as the “nuclear” option.
The bill passed through committee unanimously. If lawmakers wanted to, they could have passed it on the first day of the 2024 Legislative Session.
Commissioner Jess Anderson with the Utah Department of Public Safety said, if called upon, troopers would be able and willing to enforce the legislative intent of the law.
“Our job is to execute the law,” Anderson said. “There’s no judgment, and I’m not placing fault with anybody... I’m not advocating for it, one way or the other.”
Instead, lawmakers said they reached a compromise with the city – as outlined in HB223.
The new bill would clarify the legislature’s initial intent, closing all loopholes. Upon passage, it would also require police to report its gun enforcement data to the state through 2031.
“There’s not a whole lot of discretionary ability built in,” Gricius said. “Your first offense, the way it’s written, will be a warning. There’s not a fine associated with that. Law enforcement will have your firearm back available to you within three business days. So, you don’t lose your firearm, but you can still go ahead and make your flight... We don’t need to turn everyday citizens who are just going about their lives into criminals.”
Gricius said she expects the bill to pass and that any plans to replace SLCPD at the airport will be put “on hold.”
She said if lawmakers are still not happy with SLCPD enforcement of the law, the legislature could revisit its plan to remove the department from the airport at a later date.