TigerLily New to Utah

TigerLily · Mar 31, 2012

Hi. My name is Lily Gonzalez and I just moved to Utah with my husband of 30 years. I am a flaming open carrier from Las Vegas. I know that in Utah I can OC but no bullet in the chamber.

Pardon me for "cheating" but if anyone has a source for me to review about the rules for OCing rifles, please advise. I plan to OC an AK-47 in Utah in a few days.

In the meantime, I would love to get acquainted with you guys.

Here's my latest blog post about OC-ing.

http://tigerlilsblog.blogspot.com/2012/03/nevada-hwy-patrol-gets-schooled-on-open.html

p.s. To get to LV, I have to go through a short distance through AZ - so any advice and sources about that are welcome (I know AZ is more liberal with their 2A.)

Gil223 · Apr 1, 2012

Welcome to the forum! You might find this helpful...

Utah Code
Title 76 Utah Criminal Code
Chapter 10 Offenses Against Public Health, Safety, Welfare, and Morals
Section 505 Carrying loaded firearm in vehicle or on street.

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.

Amended by Chapter 362, 2009 General Session

Pax...

Cisco · Apr 1, 2012

I miss you already, Tiger!

jpm84092 · Apr 4, 2012

Welcome to Utah

Hello Lily,

Welcome to Utah; one of the most 2A friendly states in the USA.

I concur with the advice that it might be a good idea for both you and your husband to get a Utah Concealed Carry Permit. (You may already have a NV permit, you did not say.) However having a UT permit gives you more interstate reciprocity.

Let me know if I can be of assistance.

Jim

usmcmustang · Apr 12, 2012

NavyLCDR said:
Have you thought about getting the Utah permit so that you can carry a loaded gun?

Don't think she's into the "getting permission" thing. No, wait a minute... I KNOW she's not into the "getting permission" thing.

jpm84092 · Apr 16, 2012

She may not be into the "permission thing", but the permission slip gets that bullet into the chamber. Just sayin-

Gil223 · Apr 17, 2012

TigerLily said:
Hi. My name is Lily Gonzalez and I just moved to Utah with my husband of 30 years. I am a flaming open carrier from Las Vegas. I know that in Utah I can OC but no bullet in the chamber.

Pardon me for "cheating" but if anyone has a source for me to review about the rules for OCing rifles, please advise. I plan to OC an AK-47 in Utah in a few days.

That AK plan can get pretty expensive. There is an inconsistency in the interpretation of laws regarding OC of both handguns and long guns. Individual ordinances may go outside the state firearms law to restrict your RTKBA via obscure and vague disorderly conduct/public disturbance, etc laws, which essentially make it a "judgment call" on the part of a LEO. Here's an example of that from a KSL.com report:

"Philip W. Taylor, a 51-year-old Orem man, was walking along the sidewalk adjacent to the mall with an assault rifle slung over his back and carrying a handgun.

Orem police responded to the scene after receiving several 911 calls from alarmed shoppers.

An officer approached Taylor and ordered him: “Keep your hands where I can see them.”

Taylor responded, “Utah is open carry, officer.”

Asked why he had a gun on him, Taylor again replied, “Utah is open carry.”

“Not open carry for an assault rifle,” the officer replied.

Taylor was handcuffed and detained for a few minutes, while officers determined the guns were unloaded.

"I would think you honestly could do that now. Utah law says anyone (who is acting lawfully) would be able to openly carry guns anywhere."
–Rep. Paul Ray

While Taylor was not breaking the law for carrying the guns openly, police called his actions reckless and he was charged with disorderly conduct, a class C misdemeanor. It was also not the first time police had stopped Taylor over carrying firearms.

"We dealt with him in the middle of December (2010), two days back-to-back for the exact same thing, walking down the street with guns that were not loaded, and in both of those circumstances, we checked him out and let him go like we did here," said Orem Police Sgt. Craig Martinez.

Taylor was later convicted, fined $500 and placed on 12 months of probation. Terms of his probation require that he seek mental health evaluation and treatment, according to court documents."

I would advise you to be very cautious about OC'ing an AK... unless you have an abundance of $500 bills just laying around accumulating dust. And the terms of his probation are subjectively Draconian... unless there is more to the story than was reported.

Pax...

jpm84092 · Apr 17, 2012

The mental health evaluation part is the worst part of the punishment. If he is treated that will likely make him ineligible to purchase a firearm under Federal law and, thus ineligible to obtain a Utah CFP.

Gil223 · Apr 18, 2012

jpm84092 said:
The mental health evaluation part is the worst part of the punishment. If he is treated that will likely make him ineligible to purchase a firearm under Federal law and, thus ineligible to obtain a Utah CFP.

I completely agree... and, to add insult to injury, he probably has to pay for the treatment. The glimmer of hope is that he may not have to return to court after treatment, has not been "committed to a mental institution" and may never "be adjudicated" mentally ill. From the ATF form 4473:

View attachment 8339

(Which [of course] came out ridiculously small, but if you click on the image it will pop-up in an easily readable size.) Pax...

TigerLily New to Utah

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