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OC on a motorcyle

Bflamante

Campaign Veteran
Joined
Mar 3, 2008
Messages
119
Location
Bountiful, Utah, USA
imported post

In a vehicle, to me, is different than on a motorcycle. Not too many bikes out there that one can climb in. Again, keep it visible and your are likely gtg. I can hear the prosecutor now trying to define when you have changed from being legal OC next to the bike to illegal in the bike. If you are straddling the bike, but not touching the seat or handlebars are you on the bike? Such ridiculous dilineation would likely tip the case in your favor.
 

Cykaos

Opt-Out Members
Joined
Jun 7, 2008
Messages
92
Location
West Valley City, Utah, USA
imported post

wait.. I thought OCing in a car was legal as long as it was "unloaded" (Utah unloaded) and you aren't driving in a school zone?

Without a permit does it have to be locked up, separate from ammunition, and not easily accessible?

I am confused now...
 

Kevin Jensen

State Researcher
Joined
Feb 23, 2007
Messages
2,313
Location
Santaquin, Utah, USA
imported post

Bflamante wrote:
In a vehicle, to me, is different than on a motorcycle.
The law says in or on.

[font="Arial,Helvetica"] 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. [/font]

Cykaos wrote:
wait.. I thought OCing in a car was legal as long as it was "unloaded" (Utah unloaded) and you aren't driving in a school zone?

Without a permit does it have to be locked up, separate from ammunition, and not easily accessible?

I am confused now...
Open carry in or on any vehicle is legal provided the firearm is unloaded and clearly visible. The securely encased thing is if you want to conceal it. Of course, none of this applies if you have a concealed firearm permit.
 

jaredbelch

Founder's Club Member
Joined
Aug 8, 2007
Messages
545
Location
Cottonwood Heights, Utah, USA
imported post

Also keep in mind that you are exempt from STATE gun free school zone laws while in a vehicle, but the Federal one doesn't have the same exception.

Utah Code:









76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on or about school premises -- Penalties.

(1) A person may not possess any dangerous weapon, firearm, or sawed-off shotgun, as those terms are defined in Section 76-10-501, at a place that the person knows, or has reasonable cause to believe, is on or about school premises as defined in Subsection 76-3-203.2(1).
(2) (a) Possession of a dangerous weapon on or about school premises is a class B misdemeanor.
(b) Possession of a firearm or sawed-off shotgun on or about school premises is a class A misdemeanor.
(3) This section does not apply if:
(a) the person is authorized to possess a firearm as provided under Section 53-5-704, 53-5-705, 76-10-511, or 76-10-523, or as otherwise authorized by law;
(b) the possession is approved by the responsible school administrator;
(c) the item is present or to be used in connection with a lawful, approved activity and is in the possession or under the control of the person responsible for its possession or use; or
(d) the possession is:
(i) at the person's place of residence or on the person's property;
(ii) in any vehicle lawfully under the person's control,
other than a vehicle owned by the school or used by the school to transport students; or
(iii) at the person's place of business which is not located in the areas described in Subsection 76-3-203.2(1)(a)(i), (ii), or (iv).
(4) This section does not prohibit prosecution of a more serious weapons offense that may occur on or about school premises.

Amended by Chapter 203, 2003 General Session
 
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