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Thread: Open Carry on campus

  1. #1
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    See, here's where I'm curious, because I'm just not sure about this. I'm going to be starting college up at Utah State University, and I don't know what kind of rules there are for open carry and concealed carry with regard to the college campus. I'm also curious if it's legal to ask me not to have ANY fire arm at all when I'm leasing a private room off campus. I'm sure that''s a little bit confusing, so don't be afraid to ask questions.

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    1. You CANNOT carry a firearm on a school campus without a Utah Concealed Firearm Permit in the State of Utah due to the "Gun Free School Zone Act."

    2. A landlord CANNOT restrict you from possessing a firearm per U.C.A. 76-10-530:

    (5) Nothing in this section permits an owner who has granted the lawful right of possession to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm in the residence.

    3. I have only open carried once at Utah Valley University and carried unloaded. TJ and SGT Jensen told me after I reported my experience that UVU Police Department are aware of the law but have requested, not told, to carry unloaded, meaning Utah unloaded (which I still do). TJ, correct me if I'm wrong on what I just stated. I would say it is up to you on how you carry, but I only carried open because: (a) I didn't have a CC holster, (b) it wasn't a busy time of day so wasn't too worried. When school starts again at the end of August I'll probably CC.
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    Outsider wrote:
    1. You CANNOT carry a firearm on a school campus with a Utah Concealed Firearm Permit in the State of Utah due to the "Gun Free School Zone Act."

    2. A landlord CANNOT restrict you from possessing a firearm per U.C.A. 76-10-530:

    (5) Nothing in this section permits an owner who has granted the lawful right of possession to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm in the residence.

    3. I have only open carried once at Utah Valley University and carried unloaded. TJ and SGT Jensen told me after I reported my experience that UVU Police Department are aware of the law but have requested, not told, to carry unloaded, meaning Utah unloaded (which I still do). TJ, correct me if I'm wrong on what I just stated. I would say it is up to you on how you carry, but I only carried open because: (a) I didn't have a CC holster, (b) it wasn't a busy time of day so wasn't too worried. When school starts again at the end of August I'll probably CC.
    Outsider: You're wrong on number 1.

    You may carry on a school campus if you have a CFP, but you may not be within 1000 feet without one. As far as OC goes, I would advise against it if you are a school employee or student. While you might not be breaking Utah law, you may be violating University policy which could get you terminated or suspended/expelled. You are free to conceal carry on campus and I recommend you do.

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    Outsider wrote:
    1. You CANNOT? carry a firearm on a school campus with a Utah Concealed Firearm Permit in the State of Utah due to the "Gun Free School Zone Act."

    2. A landlord CANNOT restrict you from possessing a firearm per U.C.A. 76-10-530:

    (5) Nothing in this section permits an owner who has granted the lawful right of possession to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm in the residence.

    3. I have only open carried once at Utah Valley University and carried unloaded. TJ and SGT Jensen told me after I reported my experience that UVU Police Department are aware of the law but have requested, not told, to carry unloaded, meaning Utah unloaded (which I still do). TJ, correct me if I'm wrong on what I just stated. I would say it is up to you on how you carry, but I only carried open because: (a) I didn't have a CC holster, (b) it wasn't a busy time of day so wasn't too worried. When school starts again at the end of August I'll probably CC.
    You sure about #1 up there?

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    That should read withOUT. Sorry! I know what the mind meant, but not the computer didn't translate it right.
    Charles A. Hall, self-proclaimed Lone Eagle || Carry: Kahr CW40
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    nevermind.. Ignore this.. he fixed it.

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    3. I have only open carried once at Utah Valley University and carried unloaded. TJ and SGT Jensen told me after I reported my experience that UVU Police Department are aware of the law but have requested, not told, to carry unloaded, meaning Utah unloaded (which I still do). TJ, correct me if I'm wrong on what I just stated. I would say it is up to you on how you carry, but I only carried open because: (a) I didn't have a CC holster, (b) it wasn't a busy time of day so wasn't too worried. When school starts again at the end of August I'll probably CC.

    At that time it was just to avoid further conflict. We "settled" for the day and just wanted to be courteous. As a CFP holder you ARE exempt per 76-10-523 to carry LOADED.


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    Were you already carrying unloaded or did you drop the mag, take out the one in the chamber and then carry unloaded?
    Charles A. Hall, self-proclaimed Lone Eagle || Carry: Kahr CW40
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    Outsider wrote:
    Were you already carrying unloaded or did you drop the mag, take out the one in the chamber and then carry unloaded?
    Carried loaded and unloaded. Still carried mag in.



    TJ

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    We were both loaded. We went to the restroom and unchambered.
    "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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    Sorry that is what I meant, dropped the mag so you could unload and then put the mag back in to carry unloaded. Yeah, wow, I need to stop posting late at night...
    Charles A. Hall, self-proclaimed Lone Eagle || Carry: Kahr CW40
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    So I can carry on campus as long as I have a concealed carry permit? I was already planning on carrying it concealed, I'm not about to go on campus without my gun I have a friend who was raped last year while on campus. I'm not about to leave myself un defended. My landlord has in thier lease statement that guns should be stored away from the premises, that's why I was wondering if they could actually legally do that. Thanks for the clear answers to my questions!



    I'd also like to say hi I'm new to the forums, my father suggested I should get on this forum since the people here seem to be knowledgeable about the laws and that it might be good for me to be on a forum like this so I can discuss when I have questions like this. So Hi I look forward to more discussions.

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    rosepruner wrote:
    So I can carry on campus as long as I have a concealed carry permit? I was already planning on carrying it concealed, I'm not about to go on campus without my gun I have a friend who was raped last year while on campus. I'm not about to leave myself un defended. My landlord has in thier lease statement that guns should be stored away from the premises, that's why I was wondering if they could actually legally do that. Thanks for the clear answers to my questions!
    If you have a permit, you can conceal on campus. I wouldn't open carry on campus unless you are unaffiliated with the school. I agree, your safety is tantamount and you should feel NO hesitation in safeguarding it.

    As per the lease agreement, it's illegal. But, if you signed it, you are held to it and could be evicted by violating it. Of course, you could take this to the civil courts and would probably win, but the best thing to do would be to follow the "don't ask, don't tell" credo until you can find yourself a different place to live. When looking for a new place, check on their attitude towards guns in the agreement. If they have a no guns statement, inform them that their policy is illegal and must be changed or you will be forced to report them to the Utah Department of Housing and Urban Development for violating the Utah Fair Housing Rules (R608-1). Tell them you refuse to sign an illegal policy and that they can rewrite it now and you will sign, or you will report them for a violation. It's kind of up-in-your-face, but most landlords don't know the laws, they just draft whatever they think sounds good, and when they are making legal documents that they require people to sign, that's not acceptable.

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    rosepruner wrote:
    So I can carry on campus as long as I have a concealed carry permit? I was already planning on carrying it concealed, I'm not about to go on campus without my gun I have a friend who was raped last year while on campus. I'm not about to leave myself un defended. My landlord has in thier lease statement that guns should be stored away from the premises, that's why I was wondering if they could actually legally do that. Thanks for the clear answers to my questions!



    I'd also like to say hi I'm new to the forums, my father suggested I should get on this forum since the people here seem to be knowledgeable about the laws and that it might be good for me to be on a forum like this so I can discuss when I have questions like this. So Hi I look forward to more discussions.



    UTAH STATE LEGISLATURE
    Home | Site Map | Calendar | Code/Constitution | House | Senate | Search
    76-10-530. Trespass with a firearm in a house of worship or private residence -- Notice -- Penalty.
    (1) A person, including a person licensed to carry a concealed firearm pursuant to Title 53, Chapter 5, Part 7, Concealed Weapon Act, after notice has been given as provided in Subsection (2) that firearms are prohibited, may not knowingly and intentionally:
    (a) transport a firearm into:
    (i) a house of worship; or
    (ii) a private residence; or
    (b) while in possession of a firearm, enter or remain in:
    (i) a house of worship; or
    (ii) a private residence.
    (2) Notice that firearms are prohibited may be given by:
    (a) personal communication to the actor by:
    (i) the church or organization operating the house of worship;
    (ii) the owner, lessee, or person with lawful right of possession of the private residence; or
    (iii) a person with authority to act for the person or entity in Subsections (2)(a)(i) and (ii);
    (b) posting of signs reasonably likely to come to the attention of persons entering the house of worship or private residence;
    (c) announcement, by a person with authority to act for the church or organization operating the house of worship, in a regular congregational meeting in the house of worship;
    (d) publication in a bulletin, newsletter, worship program, or similar document generally circulated or available to the members of the congregation regularly meeting in the house of worship; or
    (e) publication in a newspaper of general circulation in the county in which the house of worship is located or the church or organization operating the house of worship has its principal office in this state.
    (3) A church or organization operating a house of worship and giving notice that firearms are prohibited may:
    (a) revoke the notice, with or without supersedure, by giving further notice in any manner provided in Subsection (2); and
    (b) provide or allow exceptions to the prohibition as the church or organization considers advisable.
    (4) (a) (i) Within 30 days of giving or revoking any notice pursuant to Subsection (2)(c), (d), or (e), a church or organization operating a house of worship shall notify the division on a form and in a manner as the division shall prescribe.
    (ii) The division shall post on its website a list of the churches and organizations operating houses of worship who have given notice under Subsection (4)(a)(i).
    (b) Any notice given pursuant to Subsection (2)(c), (d), or (e) shall remain in effect until revoked or for a period of one year from the date the notice was originally given, whichever occurs first.
    (5) Nothing in this section permits an owner who has granted the lawful right of possession to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm in the residence.
    (6) A violation of this section is an infraction.

    [line]

    Amended by Chapter 203, 2003 General Session




    TJ

  15. #15
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    rosepruner wrote:
    My landlord has in thier lease statement that guns should be stored away from the premises, that's why I was wondering if they could actually legally do that. Thanks for the clear answers to my questions!
    As has been mentioned already, you're better off not making a big deal over it with the current landlord. But the issue I would make if the situation forced itself into the open is that the lease states that guns SHOULD (not must) be stored away from the premises..... That to me sounds like a suggestion or recommendation, not a mandate.

    Good luck, and again, welcome.

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    I carry at the U everyday. Ina smallclass that I had, my friend and I both had our permits so out of the 8 people in the class 25% of us were armed.:what: I also bring the subject up with other friends, and have a couple of them that have now gotten their permits as well.

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    GeneticsDave wrote:
    Outsider wrote:
    1. You CANNOT carry a firearm on a school campus with a Utah Concealed Firearm Permit in the State of Utah due to the "Gun Free School Zone Act."

    2. A landlord CANNOT restrict you from possessing a firearm per U.C.A. 76-10-530:

    (5) Nothing in this section permits an owner who has granted the lawful right of possession to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm in the residence.

    3. I have only open carried once at Utah Valley University and carried unloaded. TJ and SGT Jensen told me after I reported my experience that UVU Police Department are aware of the law but have requested, not told, to carry unloaded, meaning Utah unloaded (which I still do). TJ, correct me if I'm wrong on what I just stated. I would say it is up to you on how you carry, but I only carried open because: (a) I didn't have a CC holster, (b) it wasn't a busy time of day so wasn't too worried. When school starts again at the end of August I'll probably CC.
    Outsider: You're wrong on number 1.

    You may carry on a school campus if you have a CFP, but you may not be within 1000 feet without one. As far as OC goes, I would advise against it if you are a school employee or student. While you might not be breaking Utah law, you may be violating University policy which could get you terminated or suspended/expelled. You are free to conceal carry on campus and I recommend you do.

    USU is a STATE facility. It is subject to the SAME regulations as ANY other state facility (ie-- Hogle Zoo that has been extensively covered at other locations on this forum).

    But, this is easy for me to say as I am not a student or employed by a state agency.

    Now, if my PRIVATE employer would just modify their policy to "No unlawfull weapons" instead of "No Weapons". But, untill then.... since I know and am friends with Most of the security people... I just won't tell them.

    JoeSparky

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