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Question about OC law

MountainManXD

Regular Member
Joined
May 29, 2008
Messages
22
Location
SLC Utah, ,
imported post

I had a friend ask me how much of your gun has to be visible for open carry. He doesn't have a cfp, and was wondering if he could just carry it in his belt with just the grip exposed, or using an iwb. I told him I didn't know, but I would suggest using an outside the waistband holster. But I was wondering how much of the gun has to be visible for it to count as OC without the permit. Any help would be appreciated. Thanks.
 

usSiR

Campaign Veteran
Joined
Apr 26, 2008
Messages
258
Location
Ogden, UT, ,
imported post

I dont think UT has a written minimum saying what is considered not concealed. I would assume that say if all you saw was the handle stickingout of someones waist band a LEO would say its concealed. This one may be left up to some ones perception.

Some states do have a written law saying its not concealed in this manner.

I too would recommend a OWB holster
 

Kevin Jensen

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

The law says if you cover it so others are not aware, it is concealment. IWB holsters are designed for concealment, so the argument could be made that you are concealing. Play it safe, and invest in an OWB holster. Plus, they are a lot more comfortable!

76-10-501
.
Definitions.
As used in this part:

(2) (a) "Concealed dangerous weapon" means a dangerous weapon that is covered, hidden, or secreted in a manner that the public would not be aware of its presence and is readily accessible for immediate use.

(b) A dangerous weapon shall not be considered a concealed dangerous weapon if it is a firearm which is unloaded and is securely encased.
 

Utah_Patriot

Regular Member
Joined
Jun 13, 2008
Messages
718
Location
Kearns, Utah, USA
imported post

I agree if your friend wants to open carry make sure the firearm is in plain sight and not deemed loaded by State Statue. Either open carry it or Don't carry it at all or even better obtain a CFP Permit so he does not have to worry about it being concealed.Also when in his vechicle he would have to conform to Utah law as well
 

Kevin Jensen

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

GeneticsDave wrote:
or even better in a BlackHawk SERPA OWB holster - super comfy! :dude:
Sheesh, Dave!! Are they paying you to advertise?

I know that my advertising efforts are Pro bono publico. :p

OCDO.jpg

 

scorpioajr

Regular Member
Joined
Jun 17, 2008
Messages
1,387
Location
Eagle Mountain, Utah, USA

MountainManXD

Regular Member
Joined
May 29, 2008
Messages
22
Location
SLC Utah, ,
imported post

SGT Jensen wrote:
The law says if you cover it so others are not aware, it is concealment. IWB holsters are designed for concealment, so the argument could be made that you are concealing. Play it safe, and invest in an OWB holster. Plus, they are a lot more comfortable!

76-10-501
.
Definitions.
As used in this part:

(2) (a) "Concealed dangerous weapon" means a dangerous weapon that is covered, hidden, or secreted in a manner that the public would not be aware of its presence and is readily accessible for immediate use.

(b) A dangerous weapon shall not be considered a concealed dangerous weapon if it is a firearm which is unloaded and is securely encased.

That is basically what I told him.

But thinking about it, (halfway jokingly) what if your serpa is considered to cover, hide, or secrete your weapon in a way that the public would not be aware of its presence? Doesn't it seem that many people are completely unaware when you OC. Living in condition white I guess. :banghead:

Seriously, it seems to be a little open ended to me. Because of this I would always advise to err on the side of cation, or err on the side of full visibility with out the permit. Or I might even advise getting a permit, then problem solved.
 

GeneticsDave

Regular Member
Joined
Oct 24, 2007
Messages
472
Location
Bountiful, Utah, , USA
imported post

SGT Jensen wrote:
GeneticsDave wrote:
or even better in a BlackHawk SERPA OWB holster - super comfy! :dude:
Sheesh, Dave!! Are they paying you to advertise?
No... hey wait a minute... that's a good idea! Perhaps I can get BlackHawk to send some cash my way.... hm...

I wish, seriously, I could use some extra cash (but who here can't, right?).

I'm just a happy customer - have quite a few BlackHawk and 5.11 Tactical items, all are stellar and have been worth the money spent.
 

Outsider

Regular Member
Joined
May 22, 2008
Messages
385
Location
Orem, Utah, USA
imported post

I would say that your buddy should just get an OWB holster and not cover it up at all. Why risk it? We already know that LEOs (and no offense to them) don't have a firm understanding of the Utah Firearm Laws, why give them another thing to start bugging us about?
 
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