Results 1 to 4 of 4

Thread: Question About Open Carry

  1. #1
    Regular Member
    Join Date
    Dec 2007
    Location
    , ,
    Posts
    5

    Post imported post

    I am new to OCDO and have a couple questions. Currently I CC and I took my CC class in May. At my class the instructor said that OC was regulated by municipalities. There was a long time Provo cop in the class who said for instance that OC was not allowed in Provo but it was allowed in Springville and Lehi just as examples. After finding this website it seems to me that OC is allowed anywhere regardless of the municipality involved. It is my understanding from reading on here that OC laws are preempted by the state. Can someone please tell me what specifically that means and also provide a reference to state code that essentially proves that? I just want to be sure so that if I do open carry and get challenged that I will know what I am talking about.

  2. #2
    Regular Member
    Join Date
    Oct 2007
    Location
    Layton, Utah, USA
    Posts
    275

    Post imported post

    I picked up a book which you might want to as well it is called "Utah Gun Law w/ Plain-talk summaries" 3rd ed. It is by Mitch Vilos who is an attorney. But it goes over all gun and weapons laws. It is a great reference.

    But to get you started. OCing in Utah is legal for persons age 18 and above. A person under 21 and any age if they don't have a ccw they must not carry a loaded gun (a round in the chamber).

    There is no law or statute that states we are allowed to open carry. Basically we can because there is not a law that prohibits us from doing so.

    But here are some references:

    76-10-501,503,504,505

  3. #3
    Regular Member
    Join Date
    Oct 2007
    Location
    Bountiful, Utah, , USA
    Posts
    472

    Post imported post

    According to state law U.C.A. 76-10-500 (Uniform Law) section 2:

    "All authority to regulate firearms shall be reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities. Unless specifically authorized by statute, a local authority or state entity may not enact or enforce any ordinance, regulation, or rule pertaining to firearms."

    This law keeps cities, counties, government agencies and even school districts from enacting ordinances or making rules that conflict with state law. Otherwise, gun owners would find it impossible to travel around the state without violating some obscure ordinance of rule. Without the "uniformity law" the right to carry a firearm for constitutionally protected purposes would become so overly burdensome and inconvenient that it would become meaningless.

    --- The above information was taken from Mitch Vilos' 'Utah Gun Law, 3rd Edition', p. 38 ---

    I highly recommend buying this book as it will help you protect yourself and know more about Utah gun law. It is available at local gun shops (Impact Guns, Doug's Shoot 'n Sports, etc), but supplies are limited, Mitch only printed 2500 copies. Get yours soon!

    The Provo cop was wrong and misinformed. He should buy this book as well

  4. #4
    Regular Member
    Join Date
    Dec 2007
    Location
    , ,
    Posts
    5

    Post imported post

    Thanks for your replies.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •