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Utah code on Open carry?

B

Bennelli

Regular Member
Joined
Dec 30, 2008
Messages
100
Location
, Utah, USA
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Sitting here with my in-laws and we are discussing the open carry law, but we can not find the Utah Code for open carry? Little help.
 
J

JoeSparky

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Joined
Jun 20, 2008
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Pleasant Grove, Utah, USA
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Bennelli wrote:
Sitting here with my in-laws and we are discussing the open carry law, but we can not find the Utah Code for open carry? Little help.
Click to expand...

Open carry is NOT addressed in the Utah statutes...

Since it has NOT been made illegal by statute then it must be legal.

for More info with links to actual codes go here....

http://www.utahconcealedcarry.com/viewtopic.php?f=11&t=99

JoeSparky
 
Kevin Jensen

Kevin Jensen

State Researcher
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Santaquin, Utah, USA
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Remember, laws are written to tell you what you may NOT do. Laws are restrictive, not permissive. You can wear a yellow shirt anywhere you want, because the state has no law prohibiting the wear of yellow shirts. Hence, there are no "open carry laws". The following are laws that govern how we bear arms in Utah.

The constitution of the State of Utah says we have an individual right to keep andbear arms.


Utah State Constitution, Article I, Section 6. [Right to bear arms.]
The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the Legislature from defining the lawful use of arms.

Here is the law that says you can bear those arms anywhere in the state of Utah, without fear of a locality making their own rules against it.

53-5a-102. Uniform firearm laws.
(1) The individual right to keep and bear arms being a constitutionally protected right under Article I, Section 6 of the Utah Constitution, the Legislature finds the need to provide uniform civil and criminal firearm laws throughout the state.
(2) Except as specifically provided by state law, a local authority or state entity may not:
(a) prohibit an individual from owning, possessing, purchasing, selling, transferring, transporting, or keeping a firearm at the individual's place of residence, property, business, or in any vehicle lawfully in the individual's possession or lawfully under the individual's control; or
(b) require an individual to have a permit or license to purchase, own, possess, transport, or keep a firearm.
(3) In conjunction with Title 76, Chapter 10, Part 5, Weapons, this section is uniformly applicable throughout this state and in all its political subdivisions and municipalities.
(4) All authority to regulate firearms is reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities.
(5) Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on either public or private property.
(6) As used in this section:
(a) "firearm" has the same meaning as defined in Subsection 76-10-501(9); and
(b) "local authority or state entity" includes public school districts, public schools, and state institutions of higher education.
(7) Nothing in this section restricts or expands private property rights.

Here is the law that says you may NOT conceal your firearm. We all know what the opposite of concealed carry is, right?

76-10-504. Carrying concealed dangerous weapon -- Penalties.
(1) Except as provided in Section 76-10-503 and in Subsections (2) and (3):
(a) a person who carries a concealed dangerous weapon, as defined in Section 76-10-501, which is not a firearm on his person or one that is readily accessible for immediate use which is not securely encased, as defined in this part, in a place other than his residence, property, or business under his control is guilty of a class B misdemeanor; and
(b) a person without a valid concealed firearm permit who carries a concealed dangerous weapon which is a firearm and that contains no ammunition is guilty of a class B misdemeanor, but if the firearm contains ammunition the person is guilty of a class A misdemeanor.
(2) A person who carries concealed a sawed-off shotgun or a sawed-off rifle is guilty of a second degree felony.
(3) 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.
(4) Nothing in Subsection (1) shall prohibit a person engaged in the lawful taking of protected or unprotected wildlife as defined in Title 23, Wildlife Resources Code, 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.

And here is the law that says your firearm needs to be UNLOADED in vehicles, or on public streets, unless you have a concealed firearm permit issued by any state.

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;
(b) on any public street; or
(c) in a posted prohibited area.
(2) A violation of this section is a class B misdemeanor.

There are no shortage of laws to familiarize yourself with if you decide to carry openly, these are only the beginning. Feel free to ask any question you may have. Remember, the only stupid question is the one you don't ask, and realize you probably should have while you are sitting in handcuffs. :p
 
M

Mike

Site Co-Founder
Joined
May 13, 2006
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8,706
Location
Fairfax County, Virginia, USA
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Bennelli wrote:
Sitting here with my in-laws and we are discussing the open carry law, but we can not find the Utah Code for open carry? Little help.
Click to expand...

It's right next to the code section allowing you to go get a beer from the fridge after 6 PM.

Sorry, just a little ribbing - just remember that state statutes do not expand your freedom, they can only restrict it.
 
S

scorpioajr

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

Mike wrote:
Bennelli wrote:
Sitting here with my in-laws and we are discussing the open carry law, but we can not find the Utah Code for open carry? Little help.
Click to expand...

It's right next to the code section allowing you to go get a beer from the fridge after 6 PM....
Click to expand...
hehehehe - Funniest post of 2009!
 
Kevin Jensen

Kevin Jensen

State Researcher
Joined
Feb 23, 2007
Messages
2,313
Location
Santaquin, Utah, USA
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You are good to go! Just make sure that you don't have a round chambered. The mag can be full, and in the weapon. Carrying fully loaded without a permit takes some serious planning. Just stay out of school zones and you'll be fine. :D
 
P

PONTIAC POWER

New member
Joined
Feb 27, 2009
Messages
8
Location
SYRACUSE, Utah, USA
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AWESOME! thank you so much you were a really big help! ive heard talk that guns may be taken away.... is that true or just rumor? and when i carry in my car should i leave it fully unloaded on the back seat just to be careful?
 
Kevin Jensen

Kevin Jensen

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

Car carry can be tricky in Utah without a permit. You could have your pistol on the dashboard, or swinging from your rear view mirror, as long as itisNOT concealed. Just remember to keep you firearm unloaded.

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.
Click to expand...


This is why you need to keep it unloaded.

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;
(b) on any public street; or
(c) in a posted prohibited area.
(2) A violation of this section is a class B misdemeanor.
Click to expand...

The safest way to transport a firearm in you vehicle is to have it securely encased. You could put an unloadedfirearm in a tupperware dish, and you could stash the firearm anywhere in your vehicle, EXCEPT for a console boxor glove box. "Securely encased" is for avoiding school zone violations, and concealment violations.


76-10-501. Definitions.
 As used in this part:
(18) "Securely encased" means not readily accessible for immediate use, such as held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other storage area of a motor vehicle, not including a glove box or console box.
Click to expand...
Some of these laws are changing as we speak. The Utah State Legislature is amending some of them to make possession a little easier. We will know for sure the complete changesif the Governor signs the bills into law. Until then, happy carrying, feel free to ask all the question you want and...

Welcome to OCDO! :celebrate
 
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