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Thread: Question on State Liquor Store

  1. #1
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    So does anyone know if it is illegal to open carry in the state liqour store this weekend. I currently do not have may cwp

  2. #2
    State Researcher Kevin Jensen's Avatar
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    It is legal. The only Utah firearm law that concerns alcohol is this one.

    76-10-528 Carrying a dangerous weapon while under influence of alcohol or drugs unlawful.

    (1) Any person who carries a dangerous weapon while under the influence of alcohol or a controlled substance as defined in Section 58-37-2 is guilty of a class B misdemeanor. Under the influence means the same level of influence or blood or breath alcohol concentration as provided in Section 41-6-44 .

    (2) It is not a defense to prosecution under this section that the person:
    (a) is licensed in the pursuit of wildlife of any kind; or
    (b) has a valid permit to carry a concealed firearm.
    "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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    Amendment 2 wrote:
    So does anyone know if it is illegal to open carry in the state liqour store this weekend. I currently do not have may cwp
    I go every now and then. NO PROBLEMO. Totally Legal. No worries my friend.

    TJ

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    Tanks Sarge and Tj. I messed up on my message saying this weekend I meant all year. LOL promise Im not drunk yet. :celebrate

    TJ how did city hall go do you think WVC will start teaching there officers the law. Im trying to teach one of my roomates the law on open carry and he is a cop also LOL

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    Amendment 2 wrote:
    Tanks Sarge and Tj. I messed up on my message saying this weekend I meant all year. LOL promise Im not drunk yet. :celebrate

    TJ how did city hall go do you think WVC will start teaching there officers the law. Im trying to teach one of my roomates the law on open carry and he is a cop also LOL
    Have him come to this site and we ALL will CONVINCE him. There a PLENTY of Active/Retired LEO's on this site that he will be able to "relate" with.



    TJ

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    Have him come to this site and we ALL will CONVINCE him. There a PLENTY of Active/Retired LEO's on this site that he will be able to "relate" with.

    *

    TJ


    I have introduced him to this site. he is testing the waters I always go out in public with him. Just to show him that citizens have the right to open carry just like law enforcement.

  7. #7
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    Amendment 2 wrote:
    Have him come to this site and we ALL will CONVINCE him. There a PLENTY of Active/Retired LEO's on this site that he will be able to "relate" with.



    TJ


    I have introduced him to this site. he is testing the waters I always go out in public with him. Just to show him that citizens have the right to open carry just like law enforcement.
    As a LEO he can OC how much he wants UNLESS his Department per policy does NOT allows it. That's what he has to make sure. I mean I don't want him to loose his job due to breaking Department Policy.



    TJ

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    State Researcher Kevin Jensen's Avatar
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    UTOC-45-44 wrote:
    As a LEO he can OC how much he wants UNLESS his Department per policy does NOT allows it.
    Wouldn't that be a violation of 76-10-500? Cops are people too, and have rights.

    76-10-500 Uniform law. (1) The individual right to keep and bear arms being a constitutionally protected right, the Legislature finds the need to provide uniform laws throughout the state. Except as specifically provided by state law, a citizen of the United States or a lawfully admitted alien shall not be:
    (a) prohibited from owning, possessing, purchasing, selling, transferring, transporting, or keeping any firearm at his place of residence, property, business, or in any vehicle lawfully in his possession or lawfully under his control; or
    (b) required to have a permit or license to purchase, own, possess, transport, or keep a firearm.
    (2) This part is uniformly applicable throughout this state and in all its political subdivisions and municipalities. 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 the Legislature by statute, a local authority or state entity may not enact or enforce any ordinance, regulation, or rule pertaining to firearms.
    "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

  9. #9
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    I've been to a couple of State Liqour stores with no problem.

  10. #10
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    SGT Jensen wrote:
    UTOC-45-44 wrote:
    As a LEO he can OC how much he wants UNLESS his Department per policy does NOT allows it.
    Wouldn't that be a violation of 76-10-500? Cops are people too, and have rights.

    76-10-500 Uniform law. (1) The individual right to keep and bear arms being a constitutionally protected right, the Legislature finds the need to provide uniform laws throughout the state. Except as specifically provided by state law, a citizen of the United States or a lawfully admitted alien shall not be:
    (a) prohibited from owning, possessing, purchasing, selling, transferring, transporting, or keeping any firearm at his place of residence, property, business, or in any vehicle lawfully in his possession or lawfully under his control; or
    (b) required to have a permit or license to purchase, own, possess, transport, or keep a firearm.
    (2) This part is uniformly applicable throughout this state and in all its political subdivisions and municipalities. 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 the Legislature by statute, a local authority or state entity may not enact or enforce any ordinance, regulation, or rule pertaining to firearms.
    Huh ?

    That's true.

  11. #11
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    UTOC-45-44 wrote:
    SGT Jensen wrote:
    UTOC-45-44 wrote:
    As a LEO he can OC how much he wants UNLESS his Department per policy does NOT allows it.
    Wouldn't that be a violation of 76-10-500? Cops are people too, and have rights.

    76-10-500 Uniform law. (1) The individual right to keep and bear arms being a constitutionally protected right, the Legislature finds the need to provide uniform laws throughout the state. Except as specifically provided by state law, a citizen of the United States or a lawfully admitted alien shall not be:
    (a) prohibited from owning, possessing, purchasing, selling, transferring, transporting, or keeping any firearm at his place of residence, property, business, or in any vehicle lawfully in his possession or lawfully under his control; or
    (b) required to have a permit or license to purchase, own, possess, transport, or keep a firearm.
    (2) This part is uniformly applicable throughout this state and in all its political subdivisions and municipalities. 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 the Legislature by statute, a local authority or state entity may not enact or enforce any ordinance, regulation, or rule pertaining to firearms.
    Huh ?

    That's true.
    The only reason I would question if the department can regulate would be.
    a. If it's department issued firearm/holster etc. I assume the department can regulate how and when it's equipment is used... Maybe...
    b. If you are carrying in areas that only LEO's can carry (courts, secure areas, etc). This shouldn't apply since it still goes back to regulating firearms... But this brings up a very interesting discussion.


  12. #12
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    jaredbelch wrote:
    UTOC-45-44 wrote:
    SGT Jensen wrote:
    UTOC-45-44 wrote:
    As a LEO he can OC how much he wants UNLESS his Department per policy does NOT allows it.
    Wouldn't that be a violation of 76-10-500? Cops are people too, and have rights.

    76-10-500 Uniform law. (1) The individual right to keep and bear arms being a constitutionally protected right, the Legislature finds the need to provide uniform laws throughout the state. Except as specifically provided by state law, a citizen of the United States or a lawfully admitted alien shall not be:
    (a) prohibited from owning, possessing, purchasing, selling, transferring, transporting, or keeping any firearm at his place of residence, property, business, or in any vehicle lawfully in his possession or lawfully under his control; or
    (b) required to have a permit or license to purchase, own, possess, transport, or keep a firearm.
    (2) This part is uniformly applicable throughout this state and in all its political subdivisions and municipalities. 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 the Legislature by statute, a local authority or state entity may not enact or enforce any ordinance, regulation, or rule pertaining to firearms.
    Huh ?

    That's true.
    The only reason I would question if the department can regulate would be.
    a. If it's department issued firearm/holster etc. I assume the department can regulate how and when it's equipment is used... Maybe...
    b. If you are carrying in areas that only LEO's can carry (courts, secure areas, etc). This shouldn't apply since it still goes back to regulating firearms... But this brings up a very interesting discussion.
    I dont know for sure about "B", But "A" is true.

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