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Good encounter with the Utah County Sheriffs

YoZUpZ

Regular Member
Joined
Jan 5, 2010
Messages
144
Location
SLC, Utah, USA
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Porter N wrote:
Ok, now I'm confused.

I was under the impression it was LEGAL in Utah to have a loaded weapon in your car without a permit if you own the car since it's considered your own private property.
You are correct, your car is considered an extension of your home, therefore you are allowed to carry fully loaded in your car without a permit. I believe this law went into effect around summertime of last year, so it is a fairly new law.
 

swillden

Regular Member
Joined
Dec 9, 2007
Messages
1,189
Location
Firestone, Colorado
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YoZUpZ wrote:
Porter N wrote:
Ok, now I'm confused.

I was under the impression it was LEGAL in Utah to have a loaded weapon in your car without a permit if you own the car since it's considered your own private property.
You are correct, your car is considered an extension of your home, therefore you are allowed to carry fully loaded in your car without a permit. I believe this law went into effect around summertime of last year, so it is a fairly new law.
Excuse me for being nitpicky -- but you're both right in effect and wrong in reason.

You can carry a handgun, either loaded or unloaded, concealed or open, in a vehicle that is under your lawful control. No permit is required. The vehicle need not be yours, you just have to be driving it lawfully (meaning with the permission of the owner -- you didn't steal it) or a passenger in it with permission of the person who is in lawful possession of the vehicle.

However, the reason isn't because it's private property, or because it's an extension of your home, it's because the law specifically allows it.

76-10-504. Carrying concealed dangerous weapon -- Penalties.
(1) Except as provided in Section 76-10-503 and in Subsections (2), (3), and (4), a person who carries a concealed dangerous weapon, as defined in Section 76-10-501, including an unloaded firearm on his or her person or one that is readily accessible for immediate use which is not securely encased, as defined in this part, in or on a place other than the person's residence, property, a vehicle in the person's lawful possession, or a vehicle, with the consent of the individual who is lawfully in possession of the vehicle, or business under the person's control is guilty of a class B misdemeanor.
(2) A person who carries a concealed dangerous weapon which is a loaded firearm in violation of Subsection (1) is guilty of a class A misdemeanor.
(3) A person who carries concealed a sawed-off shotgun or a sawed-off rifle is guilty of a second degree felony.
(4) If the concealed firearm is used in the commission of a violent felony as defined in Section 76-3-203.5, and the person is a party to the offense, the person is guilty of a second degree felony.
(5) Nothing in Subsection (1) or (2) shall prohibit a person engaged in the lawful taking of protected or unprotected wildlife as defined in Title 23, Wildlife Resources Code of Utah, from carrying a concealed weapon or a concealed firearm with a barrel length of four inches or greater as long as the taking of wildlife does not occur:
(a) within the limits of a municipality in violation of that municipality's ordinances; or
(b) upon the highways of the state as defined in Section 41-6a-102.
 

utbagpiper

Banned
Joined
Jul 5, 2006
Messages
4,061
Location
Utah
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Kevin,

Respectfully, I think you are being far too generous. I'd classify this as a poor encounter that ended acceptably. But certainly not a good encounter to be detained, threatened with citation/arrest, and given unlawful orders.

Of course, you handled things very well. But you shouldn't have to. Truly professional officers would have quickly ascertained that you posed no threat with zero, or very minimal contact. Even slightly less professional officers should have needed no more than a couple of minutes of your time to determine there was no issue and have you on your way. And neither would have made any demands.

I'm glad it ended well, but I sure wish it have been a "no contact" kind of event, or at worst, a very brief, semi-informal contact that quickly determined there was no issue.

Keep up the good work.

Charles
 

Kloutier

Regular Member
Joined
Mar 25, 2010
Messages
193
Location
Spanish Fork Utah, Utah, USA
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JoeSparky wrote:
I think part of the confusion has been the necroposting to this 2 year old topic.

The laws have changed some since 2008!:lol::lol:

Sorry, That would be my fault I like to go through old posts to read whats going on since this forum does not make new topics all that often.
 

JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,621
Location
Pleasant Grove, Utah, USA
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Kloutier wrote:
JoeSparky wrote:
I think part of the confusion has been the necroposting to this 2 year old topic.

The laws have changed some since 2008!:lol::lol:

Sorry, That would be my fault I like to go through old posts to read whats going on since this forum does not make new topics all that often.
No problem from me.... Could happen to anyone! LOL
 

redreed

Regular Member
Joined
Dec 25, 2009
Messages
58
Location
Bristow, VA, USA
imported post

Here is the updated statute

76-10-505. Carrying loaded firearm in vehicle or on street.
(1) Unless otherwise authorized by law, a person may not carry a loaded firearm:
(a) in or on a vehicle, unless:
(i) the vehicle is in the person's lawful possession; or
(ii) the person is carrying the loaded firearm in a vehicle with the consent of the person lawfully in possession of the vehicle;
(b) on a public street; or
(c) in a posted prohibited area.
(2) Subsection (1)(a) does not apply to a minor under 18 years of age, since a minor under 18 years of age may not carry a loaded firearm in or on a vehicle.
(3) Notwithstanding Subsection (1)(a)(i) and (ii), a person may not possess a loaded rifle, shotgun, or muzzle-loading rifle in a vehicle.
(4) A violation of this section is a class B misdemeanor.
 
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