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Thread: Traveling to Utah...

  1. #1
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    what is the law ?
    i looked at the main page and it said "
    Firearms may be openly carried in cars only with a permit/license."

    i have a cwp from Idaho.
    anyone know for sure if i can carry my gun conceled and not get in truble ? ill be in SLC area for about 2 days.

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    zex_cool wrote:
    what is the law ?
    i looked at the main page and it said "
    Firearms may be openly carried in cars only with a permit/license."

    i have a cwp from Idaho.
    anyone know for sure if i can carry my gun conceled and not get in truble ? ill be in SLC area for about 2 days.
    Utah honors all concealed carry permits, from every state and/or county, so your Idaho CWP has you covered. You can OC or CC anywhere you like with the following exceptions:
    • Any secure area in which firearms are prohibited and notice of the prohibition is posted (Note that "secure area" means one that has metal detectors, etc. A mall or whatever that puts up a "no guns" sign is not a secure area, and you can OC or CC as you like -- though they may ask you to leave if they see your gun)

      A secure area of an airport (the non-secure area is fine, and several Utah OC'ers have carried there)

      Any courthouse, churches if posted, mental health facility or correctional facility that may provide by rule that no firearm may be transported, sold, given, or possessed upon the facility. At least one notice shall be prominently displayed at each entrance to a secure area in which a dangerous weapon, firearm, or explosive is restricted (The LDS Church has prohibited firearms in all "houses of worship" and claims that covers Temple Square as well, even though it's not a "house". Probably wouldn't stand up in court, but I would suggest that you not OC there).

      Private residences if posted or if the owner asks you not to.

      While under the influence of alcohol or drugs.
    So, you should be fine. Note that schools aren't listed. In general, Utah has great gun laws -- better even than idaho (which is unfortunate for me, because I'm moving to Idaho).



  3. #3
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    thank you very much.

    where in Idaho are you moving to ? i live in west Boise.

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    One slight clarification.

    I doubt you plan on carrying on school property. If you do it is my understanding that you must have a CCW permit issued by Utah.

    Enjoy your visit.

  5. #5
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    combatcarry wrote:
    I doubt you plan on carrying on school property. If you do it is my understanding that you must have a CCW permit issued by Utah.
    Why do you think it needs to be a Utah permit?

    Here's my reading:

    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.
    So, if you are authorized to possess per 76-10-523, then you can carry on school premises:

    76-10-523. Persons exempt from weapons laws.

    (1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to any of the following:
    (a) a United States marshal;
    (b) a federal official required to carry a firearm;
    (c) a peace officer of this or any other jurisdiction;
    (d) a law enforcement official as defined and qualified under Section 53-5-711;
    (e) a judge as defined and qualified under Section 53-5-711;
    (f) a common carrier while engaged in the regular and ordinary transport of firearms as merchandise; or
    (g) a nonresident traveling in or through the state, provided that any firearm is:
    (i) unloaded; and
    (ii) securely encased as defined in Section 76-10-501.
    (2) The provisions of Subsections 76-10-504(1)(a), (1)(b), and Section 76-10-505 do not apply to any person to whom a permit to carry a concealed firearm has been issued:
    (a) pursuant to Section 53-5-704; or
    (b) by another state or county
    So it seems to me that the Idaho permit allows carry in Utah schools.

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    zex_cool wrote:
    where in Idaho are you moving to ? i live in west Boise.
    Samaria. If you don't know where that is, it's in Oneida county, just south of Malad, and just north of the Utah border.

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    swillden wrote:
    Why do you think it needs to be a Utah permit?
    The Gun Free School Zones Act of 1990:

    (A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
    (B) Subparagraph (A) does not apply to the possession of a firearm—
    (i) on private property not part of school grounds;
    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before anindividual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
    (iii) that is—
    (I) not loaded; and
    (II) in a locked container, or a locked firearms rack that is on a motor vehicle;
    (iv) by an individual for use in a program approved by a school in the school zone;
    (v) by an individual in accordance with a contract entered into between a school in the school zone and the
    individual or an employer of the individual;
    (vi) by a law enforcement officer acting in his or her official capacity; or
    (vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining
    access to public or private lands open to hunting, if the entry on school premises is authorized by school
    authorities.

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    combatcarry wrote:
    swillden wrote:
    Why do you think it needs to be a Utah permit?
    The Gun Free School Zones Act of 1990:

    (A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
    (B) Subparagraph (A) does not apply to the possession of a firearm—
    (i) on private property not part of school grounds;
    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before anindividual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
    (iii) that is—
    (I) not loaded; and
    (II) in a locked container, or a locked firearms rack that is on a motor vehicle;
    (iv) by an individual for use in a program approved by a school in the school zone;
    (v) by an individual in accordance with a contract entered into between a school in the school zone and the
    individual or an employer of the individual;
    (vi) by a law enforcement officer acting in his or her official capacity; or
    (vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining
    access to public or private lands open to hunting, if the entry on school premises is authorized by school
    authorities.
    I see your point. The question turns on whether or not the fact that Utah honors the Idaho permit means that Utah is considered to have licensed the permit holder, and whether Utah law enforcement officials' knowledge of Idaho's issuance processes mean that they're considered to have verified the permit holders' qualifications.

    Seems to me it could go either way. Probably not a good idea to become a test case, though.

    This is an important consideration for b1ack5mith, who's getting a Maine permit so he can carry in Utah.

    Thanks for pointing it out.

  9. #9
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    zex_cool wrote:
    what is the law ?
    i looked at the main page and it said "
    Firearms may be openly carried in cars only with a permit/license."

    i have a cwp from Idaho.
    anyone know for sure if i can carry my gun conceled and not get in truble ? ill be in SLC area for about 2 days.
    With a valid Idaho CCW you are find to carry in Utah, open or concealed, in your car, on the street, in businesses, at schools and colleges (federal law MIGHT be read as requiring a Utah permit to carry at Utah schools, but said federal law has not been enforced and State law certainly says you are ok with an Idaho permit), in restraurants and bars, etc. You are even free to imbibe while carrying; You may NOT be intoxicated (same level as for DUI).

    OC is generally well accepted in most areas. Casually concealed or inadvertant display should not cause you any problems either.

    As I'm sure you are well aware, National Parks are off limits, along with military reservations. We have a fair number of both.

    About the only place off limits that is not likely to be clearly posted other than some back trail into a national park is "Houses of worship" which can ban guns from their actual builings (not parking lots or exterior areas) by either posting notice on the building or posting notice at the bci web page at http://bci.utah.gov/CFP/CFChurch.html. You'll note that as of today, only the LDS Church (mormons) has elected to give notice via the web page.

    So, if you visit temple square or have church events with family or friends be aware of this limitation. Temple square itself is technically legal to carry, but church security may well ask you to leave if they notice your gun, so CC is advised over OC there. The interior of the Assembly Hall, Conference Center, and Tabernacle are legally off limits to guns as they are houses of worship. I'm not sure the two visitor centers would so qualify, but would not want to bet legal fees on proving it. And of course, LDS Church buildings and temples are off limits to guns. A couple of other demoninations may have signs on their buildings. Any of the rest are going to be legal, though their views on OC may vary widely.

    Utah is a required notification State. So if you are stopped for some reason recommended procedure is to hand the officer your CWP with your DL and just wait for instructions.

    Have a great visit.

    Charles
    All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thank heaven we do not permit a few to impose anarchy.

    "With Anarchy as an aim and as a means, Communism becomes possible."
    --Marxist.org

    "Communism and Anarchy [are], a necessary complement to one another. "
    --PETER KROPOTKIN, "Anarchism: its philosophy and ideal." 1898.

  10. #10
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    i wont be going to any schools or churches, just going down at the end of next month to meet up with some old friends over the weekend.

    thanks again guys.

  11. #11
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    I've never been there. I'm intrigued about that place.

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