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Moving to West Jordan...need some pointers please!!

IxionDeece

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Joined
Feb 22, 2009
Messages
240
Location
Troy, Ohio, United States
Hi all, I currently live in Ohio and here soon I plan on moving to Utah. Now I know all the laws regarding open carry for both permit holders and people who do not have permits. Which here OC is legal without a CHL. But you must have a CHL to get into a vehicle with your sidearm loaded. I OC almost all the time except in winter for obvious reasons. I would like to do the same there when I get there...but can you guys please tell me all I need to know or point me in the right direction to find out. Any information about laws regarding with and without a CHL would be handy please. Thanks ahead of time.
 

Gil223

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Jan 5, 2012
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Weber County Utah
Welcome to Utah, whose State Constitution supports your right to OC (with very few restrictions on where)! It's pretty-much the same as in OH for carry in a vehicle. For full details on Utah carry laws see: http://publicsafety.utah.gov/bci/FirearmLaws.html#Carrying . If you would like to see the laws with translations into plain English (but they aren't that clumsy even in legalese), pick up a copy of a softbound book called Utah Gun Law IV, by Mitch Vilos, probably available from Amazon. Pax...
 
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MAC702

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Nevada
Hi all, I currently live in Ohio and ... here OC is legal without a CHL. But you must have a CHL to get into a vehicle with your sidearm loaded...
Gil223 said:
Welcome to Utah,...It's pretty-much the same as in OH for carry in a vehicle...
I'm gonna have to correct this one, though.

In a vehicle, UT has one of the best laws in the country. No permit of any kind is required for an adult over the age of 18 to have a fully-loaded handgun anywhere in their vehicle, concealed or not, including concealed on their person. This is written into the state laws to exempt a permit for carrying in a vehicle, and to expressly grant this even to 18-year-olds.
 
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Gil223

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Weber County Utah
I'm gonna have to correct this one, though.

In a vehicle, UT has one of the best laws in the country. No permit of any kind is required for an adult over the age of 18 to have a fully-loaded handgun anywhere in their vehicle, concealed or not, including concealed on their person. This is written into the state laws to exempt a permit for carrying in a vehicle, and to expressly grant this even to 18-year-olds.

I'm going to have to correct the correction... directly from the Utah Code:

76-10-505. Carrying loaded firearm in vehicle or on street.
(1) Unless otherwise authorized by law, a person may not carry a loaded firearm:
(a) in or on a vehicle, unless:
(i) the vehicle is in the person's lawful possession; or
(ii) the person is carrying the loaded firearm in a vehicle with the consent of the person lawfully in possession of the vehicle;
(b) on a public street; or
(c) in a posted prohibited area.
(2) Subsection (1)(a) does not apply to a minor under 18 years of age, since a minor under 18 years of age may not carry a loaded firearm in or on a vehicle.
(3) Notwithstanding Subsection (1)(a)(i) and (ii), a person may not possess a loaded rifle, shotgun, or muzzle-loading rifle in a vehicle.
(4) A violation of this section is a class B misdemeanor.

Since concealment is not specifically addressed in this section of the statute, I would caution you against assuming that you may have the handgun concealed upon your person or anywhere in the vehicle - UNLESS YOU HAVE A CFP/CHP/CCW/CWP from somewhere. A note from your mother will not suffice. :rolleyes: If one is going to make a mistake, it's always best to "err on the side of caution". Pax...
 

MAC702

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You need to read that law more carefully, please. It says exactly what I did. If you are 18+, you can have a loaded handgun in a car, and there are no further restrictions.

Here is the summary of UCA 76-10-505 provided to us state-certified UT BCI Firearms Instructors:
UT BCI Firearms Instructor Certification Course said:
A person may carry a loaded and concealed firearm in a vehicle if:
-The person is 18 years old
-In in lawful possession of the vehicle
-Other occupant has consent from the person in lawful control
-Allowance extends to handguns only
(emphasis was theirs.)

If you disagree with this interpretation, I highly recommend you call the UT Bureau of Criminal ID, as this is what they are teaching the state-certified firearms instructors.

And remember a principal tenet on this site. The law prohibits things. It does not allow things.
 

Gil223

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Weber County Utah
You need to read that law more carefully, please. It says exactly what I did. If you are 18+, you can have a loaded handgun in a car, and there are no further restrictions.

Here is the summary of UCA 76-10-505 provided to us state-certified UT BCI Firearms Instructors:(emphasis was theirs.)

If you disagree with this interpretation, I highly recommend you call the UT Bureau of Criminal ID, as this is what they are teaching the state-certified firearms instructors.

And remember a principal tenet on this site. The law prohibits things. It does not allow things.

Although my 8:27am post is "THE LAW" exactly as written - copied and pasted directly from http://le.utah.gov/~code/TITLE76/htm/76_10_050000.htm - it does not state that one may have a concealed weapon in a vehicle without a CFP. My advice was simply to "err on the side of caution" in order to avoid the possibility of being jacked around by some LEO who doesn't know what modifications may have been made to the UCA. People can and will do whatever they please. Too bad all LEO's aren't "state-certified firearms instructors", then they would have access to that interpretation as well as to the UCA. (I'd be willing to bet that the majority of LEO's don't know the BCI interpretation) I have to wonder why 'the powers that be' haven't updated the UCA with the BCI interpretation, just to keep us all on the same page?) Thanks for the additional information, Mac! Pax... :)
 
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MAC702

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Although my 8:27am post is "THE LAW" exactly as written - copied and pasted directly from http://le.utah.gov/~code/TITLE76/htm/76_10_050000.htm - it does not state that one may have a concealed weapon in a vehicle without a CFP. My advice was simply to "err on the side of caution" in order to avoid the possibility of being jacked around by some LEO who doesn't know what modifications may have been made to the UCA....

The law also does not state that you can have a chili dog for lunch.

There is no modification involved here, just a reading of the law as written without assuming it means something more strict.

I won't try to argue that laws are generally easy to read, though.
 
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Gil223

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Weber County Utah
I won't try to argue that laws are generally easy to read, though.

If laws were written in easy-to-read everyday language, there would be no need for the bloodsucking professional practitioners of the interpretation of our laws. Hence, the laws - written by those practitioners - are intentionally bifurcated ("see also", "as amended by", etc.) and vague. Pax...
 

colormered

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Joined
Aug 5, 2007
Messages
116
Location
Cache county, Utah, USA
Concealed or open carry in a vehicle

76-10-504. Carrying concealed dangerous weapon -- Penalties.
(1) Except as provided in Section 76-10-503 and in Subsections (2), (3), and (4), a person who carries a concealed dangerous weapon, as defined in Section 76-10-501, including an unloaded firearm on his or her person or one that is readily accessible for immediate use which is not securely encased, as defined in this part, in or on a place other than the person's residence, property, a vehicle in the person's lawful possession, or a vehicle, with the consent of the individual who is lawfully in possession of the vehicle, or business under the person's control is guilty of a class B misdemeanor.

It mentions no requirement for a permit, nor does it require the firearm to be unloaded.
 

Gil223

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Weber County Utah
There is no modification involved here, just a reading of the law as written without assuming it means something more strict.

The modification to the "car carry" law was made during the 2009 Utah State Legislative session, making it what it is today. My information was outdated, but I still believe in "better safe than sorry" for those who do not have a CFP. Pax...
 
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MAC702

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Nevada
If you wish. I'm sure you see why I had to correct 'car carry is just like it is in Ohio...' But I'm not going to argue what is and is not the law in UT any further.

You can keep it locked up in the trunk even with a CFP if you wish to really avoid any ignorant LEO's.
 

Gil223

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Jan 5, 2012
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Weber County Utah
If you wish. I'm sure you see why I had to correct 'car carry is just like it is in Ohio...'

The correct quote would be, "It's pretty-much the same as in OH", meaning not "just like", but somewhat similar. Fini, Pax... ;)
 
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jpm84092

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Mar 5, 2010
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1,066
Location
Salt Lake City, Utah, USA
Welcome to Utah. I will not enter the fray above, but did wish to welcome you. And to provide a bit of advice. Even if you have a Ohio CHL, I advise you to get a Utah Concealed Firearm Permit. Let me know if I can be of any assistance.

Jim
 
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