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UVSC Gun and Knife Club

Travis Barney

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Hello to all here. I have just found this forum due to some interest in the subject of open carry in Utah. I am currently the President of the UVSC Gun and Knife Club (GAK) and have been working to spread the news to students about their right to carry conceal on campus. Now it appears that some want to open carry and I am in the position to assist in this venture. What I need is the exact code that can be printed and posted. As a club, we can post things on campus. Please help. Any help would be appreciated.

BTW, I am a student and I am trying to graduate, so I am busy. I would like to get back to anyone who wants to help but am severely preoccupied with school, so please be patient.

Thank you
 

UTOC-45-44

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Travis Barney wrote:
Hello to all here. I have just found this forum due to some interest in the subject of open carry in Utah. I am currently the President of the UVSC Gun and Knife Club (GAK) and have been working to spread the news to students about their right to carry conceal on campus. Now it appears that some want to open carry and I am in the position to assist in this venture. What I need is the exact code that can be printed and posted. As a club, we can post things on campus. Please help. Any help would be appreciated.

BTW, I am a student and I am trying to graduate, so I am busy. I would like to get back to anyone who wants to help but am severely preoccupied with school, so please be patient.

Thank you


Utah Code Section 76-10-505

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;
(b) on any public street; or
(c) in a posted prohibited area.
(2) A violation of this section is a class B misdemeanor.


This would be the closest you'll get.

TJ
 

xmirage2kx

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Need to add this too:



76-10-502. When weapon deemed loaded.
(1) For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position.
(2) Pistols and revolvers shall also be deemed to be loaded when an unexpended cartridge, shell, or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired.
(3) A muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.
 

xmirage2kx

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There is not a single law you can quote. The gun laws are divided among about30 laws, but these are the main ones:

76-10-500, 502, 504, 505, 505.5

The law only says what you can't do:

1. Can't carry loaded (fire in 1 action)

2. Can't conceal

3. Can' carry at school

And a CCW Permit is the exception to all of the above.
 

Travis Barney

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If what you say is accurate, and I assume that it is, then a person without a CCW could be charged with possesing a firearm in public and that person would have no defense. More specifically, if the code at UVSC outlines that a person cannot possess a weapon without written permission from the chief of police then a person who is OC can be charged if that person does not have a CCW, which CCW would trump the chief.

What have I missed?

 

xmirage2kx

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Travis Barney wrote:
If what you say is accurate, and I assume that it is, then a person without a CCW could be charged with possesing a firearm in public and that person would have no defense. More specifically, if the code at UVSC outlines that a person cannot possess a weapon without written permission from the chief of police then a person who is OC can be charged if that person does not have a CCW, which CCW would trump the chief.

What have I missed?

a person without a CCW could be charged with possesing a firearm in public and that person would have no defense

Only at a school, otherwise you can have an openly carried, legally unloaded gun anywhere else it is legal witha permit.
More specifically, if the code at UVSC outlines that a person cannot possess a weapon without written permission from the chief of police then a person who is OC can be charged if that person does not have a CCW, which CCW would trump the chief.
UVSC Code does not trump State law. If you are legal to have a gun at school you can OC or CC legally. Now that being said, currently there is a battle at UofU about this exact thing, and unless you have the money to possibly fight it in court I would suggest CC if you are a broke student.



A person will only be in trouble if he breaks one of the laws, SoWITHOUT a permit you CAN carry a gun as long as it is not concealed, not loaded (2 actions from firing), and not at a school. WITH a permit you can carryin all the same ways as a person without a permit PLUS you CAN carry concealed (not have to, but can), Can carry loaded, and Can carry at a school.
 

utbagpiper

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UTOC-45-44 wrote:
b1ack5mith wrote:
it is a federal offense to carry within 1000' of a school. UNLESS you have a permit.
True for schools OTHER than Colleges, right ?

So far as I know, correct. Utah law is MORE restrictive than the feds in this case as we include institutions of higher ed (including trade schools, which I suppose could technically include beauty colleges and professional training schools in strip malls and the like).

However, as another member here graciously pointed out to me recently, State law does NOT make possession a crime if the gun is in a privately owned car. As I read it, under State law, you can actually have a gun in the parking lot (even without a permit) so long as it remains in your car.

See http://le.utah.gov/~code/TITLE76/htm/76_0C035.htm with cross references near the top for our very broad definition of "schools." The exemption for guns in your car is 3(d)(ii).

Next session I'd really like to remove colleges and other post secondary schools from the defition of "schools" so we are no more strict than federal law. Then (utah "unloaded") OC at college would not require a permit.

Charles
 

combatcarry

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Read the letter on this thread from our attorney general.

http://opencarry.mywowbb.com/forum52/7944.html

This letter (obtained by SGT Jensen) could be one of the most powerful items everbacking upthe positionthat open carry is legal in Utah. In other states many letters similar to this are used to back up the law, and judges look very highly at this type of thing.

If I were putting up a poster at UVSC I'd include this quote:

"It is my opinion (and that of DPS Commissioner Scott Duncan) that the law currently allows open loaded if you have a concealed carry permit because of the section that says permit holders are "exempt" from weapons laws.", Mark Shurtleff
 
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