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Thread: Question about open carry in utah

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    Question about open carry in utah

    On private property is it legal to open carry with a round in the chamber and please inform me of where i can find the specific regulation stating that it is (if it is)
    Last edited by forgotenpast; 08-10-2012 at 12:47 AM.

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    Campaign Veteran MAC702's Avatar
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    Yes.

    UCA 76-10-511. Possession of loaded firearm at residence or on real property authorized.

    Except for persons described in Section 76-10-503 and 18 USC 922(g) and as otherwise prescribed in this part, a person may have a loaded firearm:
    (1) at the person's place of residence, including any temporary residence or camp; or
    (2) on the person's real property.
    Last edited by MAC702; 08-10-2012 at 01:21 AM.
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    thank you very much man, im going to happily go back upstairs and tell my wife (shes the one who open carries )

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    State Researcher Kevin Jensen's Avatar
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    On the flip side of the law, here is the code that states where a loaded firearm may not be carried. (without a permit, with a permit this law is moot)

    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.
    "An armed society is a polite society. Manners are good when one may have to back up his acts with his life." Robert A. Heinlein

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    Regular Member Plasterman's Avatar
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    So When is it leagal to carry?

    I am passing through Utah from Colorado to Nevada. Utah laws seem a little tricky; Is it okay to open carry except on a public street? That kind of limits your ability to do walk arround freely in public.
    How about in your vehicle? Is it considered concealed if I have it put away in a compartment or laptop bag?
    Last edited by Plasterman; 09-20-2012 at 08:33 AM.

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by Plasterman View Post
    I am passing through Utah from Colorado to Nevada. Utah laws seem a little tricky; Is it okay to open carry except on a public street? That kind of limits your ability to do walk arround freely in public.
    How about in your vehicle? Is it considered concealed if I have it put away in a compartment or laptop bag?
    If you do not have a permit, you may not carry a loaded firearm on a public street. UT defines loaded as a round in "firing position," and also requires that the gun needs two actions before it can be fired (the trigger pull can be the second action).

    So, yes, you may carry. Also, UT recognizes a permit issued by ANY state or county in the US.

    Now when it comes to your car, UT specifically allows all handguns to be fully loaded in your vehicle, and while in your car they may be concealed anywhere, including on your person. Furthermore, this provision to be armed thusly in your vehicle applies when you are 18+.
    Last edited by MAC702; 09-20-2012 at 10:39 AM.
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    Regular Member Plasterman's Avatar
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    Thanks Mac!

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    I have found that Utah has police who don't hassle folks to much ... compared to other states .. must be the old western mentality is still alive

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    Regular Member jpm84092's Avatar
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    Quote Originally Posted by MAC702 View Post
    If you do not have a permit, you may not carry a loaded firearm on a public street. UT defines loaded as a round in "firing position," and also requires that the gun needs two actions before it can be fired (the trigger pull can be the second action).

    So, yes, you may carry. Also, UT recognizes a permit issued by ANY state or county in the US.

    Now when it comes to your car, UT specifically allows all handguns to be fully loaded in your vehicle, and while in your car they may be concealed anywhere, including on your person. Furthermore, this provision to be armed thusly in your vehicle applies when you are 18+.
    MAC702 has properly stated Utah law, but let me expand a bit so that you fully understand as Utah law includes two requirements - no round in the firing position, and, two actions to fire the handgun.

    Semi-automatic pistol - No round in the chamber. Action 1 = rack the slide - action 2 - pull the trigger.

    Double Action Revolver - No round under the hammer - and - no round in the next adjacent cylinder hole in sequence. Action 1 is pull the trigger - Action 2 is pull the trigger.

    Single Action Revolver - No round under the hammer. Action 1 is cock the hammer - Action 2 is pull the trigger.

    I hope this helps. Have a safe and pleasant journey as you transit Utah.
    Last edited by jpm84092; 09-23-2012 at 01:54 PM. Reason: spelling
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    Regular Member sharkey's Avatar
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    So.. when my um friend .. hypothetically ... was carrying with one in the chamber in the fast food joint years ago in Utah, were .. um they, in violation of the law, or since that wasn't a public street was it all good?

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    Regular Member Pop's Avatar
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    Question about open carry in utah

    I'm driving to Utah this weekend and ill be back there for thanks giving.... I do not have a ccw, so If I understand this correctly (please correct me if I'm wrong).... I can Carry in public as long as there is not a round in the chamber and I have 2 actions to fire...(rack the slide and pull the trigger)

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    Campaign Veteran MAC702's Avatar
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    Correct, with clarification. It must be unloaded (as you describe) when you are on a "public street." If you are in public, but actually on private property, the gun is allowed to be loaded.

    If you have ANY state's CCW, it will be recognized, however.

    Also, while in the car, you can have your gun fully loaded, and it can be anywhere, including concealed on your person, no permit required. But of course, we should minimize administrative loading/unloading of firearms, so plan the trip accordingly.

    IOW, if you are driving from private property to private property, and anytime you are on a public street the gun is in the car, there will never be a need to have it unloaded to comply with their archaic law.

    Note: You must have the consent of the person who is in possession of the car (or be darn sure they'd stick up for you).
    Last edited by MAC702; 10-26-2012 at 02:01 AM.
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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by sharkey View Post
    So.. when my um friend .. hypothetically ... was carrying with one in the chamber in the fast food joint years ago in Utah, were .. um they, in violation of the law, or since that wasn't a public street was it all good?
    Sorry, I missed responding to this. While on the private property of the business, you were legal to have the firearm loaded. If you drove into their parking lot from a private property origin, you never broke the law. But if you were out in the sidewalk or otherwise on a "public street" (but not in a car), then you would have been in violation of the archaic "unloaded" requirement.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Regular Member Pop's Avatar
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    Question about open carry in utah

    Are signs handled the same as in Nevada?

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by Pop View Post
    Are signs handled the same as in Nevada?
    On businesses, yes.

    On churches or private residences, they carry force of law.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  16. #16
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    Quote Originally Posted by MAC702 View Post
    On churches or private residences, they carry force of law.
    As an infraction (think traffic citation), not a misdemeanor like regular trespassing.

  17. #17
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    Quote Originally Posted by rpyne View Post
    As an infraction (think traffic citation), not a misdemeanor like regular trespassing.
    Here is the actual law...

    http://le.utah.gov/~code/TITLE76/htm/76_10_053000.htm

    76-10-530. Trespass with a firearm in a house of worship or private residence -- Notice -- Penalty.
    (1) A person, including a person licensed to carry a concealed firearm pursuant to Title 53, Chapter 5, Part 7, Concealed Weapon Act, after notice has been given as provided in Subsection (2) that firearms are prohibited, may not knowingly and intentionally:
    (a) transport a firearm into:
    (i) a house of worship; or
    (ii) a private residence; or
    (b) while in possession of a firearm, enter or remain in:
    (i) a house of worship; or
    (ii) a private residence.
    (2) Notice that firearms are prohibited may be given by:
    (a) personal communication to the actor by:
    (i) the church or organization operating the house of worship;
    (ii) the owner, lessee, or person with lawful right of possession of the private residence; or
    (iii) a person with authority to act for the person or entity in Subsections (2)(a)(i) and (ii);
    (b) posting of signs reasonably likely to come to the attention of persons entering the house of worship or private residence;
    (c) announcement, by a person with authority to act for the church or organization operating the house of worship, in a regular congregational meeting in the house of worship;
    (d) publication in a bulletin, newsletter, worship program, or similar document generally circulated or available to the members of the congregation regularly meeting in the house of worship; or
    (e) publication:
    (i) in a newspaper of general circulation in the county in which the house of worship is located or the church or organization operating the house of worship has its principal office in this state; and
    (ii) as required in Section 45-1-101.
    (3) A church or organization operating a house of worship and giving notice that firearms are prohibited may:
    (a) revoke the notice, with or without supersedure, by giving further notice in any manner provided in Subsection (2); and
    (b) provide or allow exceptions to the prohibition as the church or organization considers advisable.
    (4) (a) (i) Within 30 days of giving or revoking any notice pursuant to Subsection (2)(c), (d), or (e), a church or organization operating a house of worship shall notify the division on a form and in a manner as the division shall prescribe.
    (ii) The division shall post on its website a list of the churches and organizations operating houses of worship who have given notice under Subsection (4)(a)(i).
    (b) Any notice given pursuant to Subsection (2)(c), (d), or (e) shall remain in effect until revoked or for a period of one year from the date the notice was originally given, whichever occurs first.
    (5) Nothing in this section permits an owner who has granted the lawful right of possession to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm

    in the residence.
    (6) A violation of this section is an infraction.

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