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pardon my ignorance ......

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schwarzi88

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i just have a question about OC and the "one in the chamber" laws ..... could someone please elaborate on this.
 
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jaredbelch

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Edit: Once again Scotty you beat me to it.:cry:

schwarzi88 wrote:
i just have a question about OC and the "one in the chamber" laws ..... could someone please elaborate on this.
Click to expand...
Sure, the law says that to be considered unloaded there must be 2 mechanical actions to fire, and there must not be an un-expended cartridge in the firing position.

In other words, for a semi-auto pistol, you can have a full magazine, but none in the chamber. For a revolver, you must have two empty cylinders (the one in the firing position, and the next one.)

Hope this helps.









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.

Amended by Chapter 328, 1990 General Session
 
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Bflamante

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Keep in mind that this is a law that affects non permit holders only. Having a permit negates the requirement to have the empty chamber or two mechanical actions.

See 76-10-523.2 for CFP holders exempt from loaded open carry.

Also, this interpretation is a local concept. For example go to California and you cannot have any bullets in the gun. No magazine in the gun. So be aware of the laws where you OC.
 
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Bflamante

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According to the law. If you are going to do this I would recommend having the law printed out and with you. Here is the one to keep in your wallet next to the CFP.
 

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schwarzi88

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ok guys .... here we go again , i just got done talking to a LEO at Dees and he told me (to make a long story short) that i do have the right to OC as long as i don't have one in the chamber , me and my friend were arguing the fact and i showed him this topic and he is still convinced that you can only have one in the chamber while you CC..... NOT while u open OC!

so the question is "I have a CFP and when i OC am I allowed to have one in the chamber " does the CFP allow me to OC with one in the chamber !
 
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schwarzi88

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yes i do have a valid CFP

thnk you for answering the question so quickly for me ! and that 100000% correct right? I'd rather ask again and again befor i find myself in the back of a squad car!
 
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Jeff Johnson

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If an officer claims something like this, ask him (politely) to refer you to the exact statute that makes it illegal. There is no statute in Utah making open carry with a round chambered illegal when you have a CFP.

If you have an MP3 player, you can load the following audio file onto it so that next time, you can let the officer listen to what Utah AG Mark Shurtleff said in testimony before the House Law Enforcement and Criminal Justice Committee at the Utah Legislature during debate of H.B. 473:

Audio Recording of Utah AG Mark Shurtleff

And here is a transcript made of that recording (by UCC/OCDO member Outsider).
 
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youscareme

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Just be aware of the idiots here that give legal advise. Its your ass in the sling not some bumkin that thinks he knows it all.

Every situation is different. I suggest being polite with the police.
 
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youscareme

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Just be aware of the idiots here that give legal advise. Its your ass in the sling not some bumkin that thinks he knows it all.

Every situation is different. I suggest being polite with the police.
 
J

Jeff Johnson

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, Utah, USA
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schwarzi88 wrote:
cant open audio file ....... what player is it for ? cuz i uninstalled most of my players!
Click to expand...

It's an MP3 file. It will play in Windows Media Player, Apple QuickTime, and many others.

Now it may be that you're trying to play it within your browser and don't have the right plug-in for your browser. You can right click on the link and select Save As to save it to your local hard drive, then try playing it there.
 
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