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Thread: Carrying in cars

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    I live in AZ and I sometimes go into UT for skiing, camping, and visiting. In AZ you can have your handgun in your car anywhere as long as it's in a holster. (even if it's concealed) Here's the legislature---

    A. A person commits misconduct involving weapons by knowingly:
    2. Carrying a deadly weapon without a permit pursuant to section 13-3112 concealed within immediate control of any person in or on a means of transportation;


    F. Subsection A, paragraph 2 of this section shall not apply to a weapon or weapons carried in a case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation.




    In UT, I've come to understand that if you don't have a CWP and want to open carry the gun has to be "unloaded" (empty chamber with an Auto loader). And in a vehicle the gun cannot be concealed. What does Utah define as concealed? I know dashboard is OK but what about carrying the gun on my hip as I drive? I'm confused coming from AZ.

    All I'm really concerned with is vehicle OC since I feel that I have a handle on non-vehicle.
    Thanks

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    Regular Member thx997303's Avatar
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    well, while on your hip in the car is "legally" open carrying, you would be better off just having it on the dash or somewhere like that.

    in the glove boc is illegal, if it's going to be anywhere out of sight, you need to unload it and put it in a case that latches, so that it would be "securely encased"

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    State Researcher Kevin Jensen's Avatar
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    thx997303 wrote:
    ...well, while on your hip in the car is "legally" open carrying...
    Not so. I bet that would not hold up well with some cops.

    Here is the text of the law, for your review.
    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.
    It could be easily argued that a pistol between your hip and the seat is concealed.

    For now, play it safe and keep it visible, or securely encased. If you have a permit, don't worry about a thing.

    If S.B. 357 passes, then everyone car rejoice about car carry! :celebrate
    "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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    I sure hope it's passed. Isn't it being voted on now? If it gets approved, how soon will the changes take affect do you think?

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    State Researcher Kevin Jensen's Avatar
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    It could receive a vote as soon as tomorrow.

    If both the house and the senate approve the bill, it goes to the Governor.

    If the Governor signs the bill, I believe it becomes law around May.


    "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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    SGT Jensen wrote:
    It could receive a vote as soon as tomorrow.

    If both the house and the senate approve the bill, it goes to the Governor.

    If the Governor signs the bill, I believe it becomes law around May.
    Ya-
    I'm really rootin' for this one to pass. I'm just happy to see some legislature go our way. :celebrate

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    Regular Member thx997303's Avatar
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    well unless you have some deep bucket seats or a pretty tall center console, it would not be concealed IMO

    Remember that many officers interpret OC as illegal, but that doesnt make them right.

    in any case, your suggestion of playinf it safe is same as what i said. so i agree.

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    What about OCing while on my bike? I know my be silly to ask but I am imaging the worse case. I only riden a few times this year and every time while OCing and haven't given it a second thought until I saw this thread.

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    State Researcher Kevin Jensen's Avatar
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    Very simple. If you have a permit,carryhowever you want.

    If you do not have a permit, keep it "Utah unlaoded", visible, and out of school zones.

    Thats it! Happy carrying and riding! :celebrate
    "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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    thx997303 wrote:
    well unless you have some deep bucket seats or a pretty tall center console, it would not be concealed IMO

    Remember that many officers interpret OC as illegal, but that doesnt make them right.

    in any case, your suggestion of playinf it safe is same as what i said. so i agree.
    This is the comment that got me thinking. If my wife is riding with me her leg would partially conceal my weapon....it made me laugh thinking about how that could be interpreted.

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    Regular Member thx997303's Avatar
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    I don't like the way that part tends to be interpreted.

    Turn around...concealed

    Sit down....concealed

    Stand at a counter above waist high....concealed

    I've said it before, but I don't see how the simple act of sitting down in the car, or any of these other things are making the weapon "covered, hidden, or secreted" especially in the case of a car, where even putting it on the seat next to you would meet that definition if you were to follow that particular logic.

    Not to mention the extra handling required to remove it from the holster, and place it somewhere else. Not safe IMO

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    The law for carrying in your vehicle is simple. Here it is direct from the state code book.

    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.




    This is straight from the BCI Website:

    Carrying in Vehicles
    Only a peace officer in the performance of his duty or a person with a valid permit to carry may carry a loaded firearm in a vehicle.

    It is lawful for a person with a concealed firearms permit to carry a concealed firearm into a bus terminal.

    It is lawful for a person with a concealed firearm permit to board a bus or a train or enter a terminal with a concealed firearm upon their person or effects. This also applies to law enforcement officers or commercial security personnel with firearms used in their employment.

    It is lawful to carry a firearm in a vehicle without a permit if: the firearm is unloaded; securely encased (not including a glove box or console box) and is not readily accessible for immediate use.

    Laws governing the use of concealed firearms differ from state to state. It is important to understand the laws to ensure that your actions are in compliance with Utah law.




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    Regular Member thx997303's Avatar
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    key word there is LOADED. I think that those of us concerned about vehicle carry are those who must carry "utah unloaded"

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    State Researcher Kevin Jensen's Avatar
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    It is lawful to open carry a firearm in a vehicle without a permit if: the firearm is unloaded and visible;or to legally conceal your firearm without a permit, it must besecurely encased (not including a glove box or console box) and is not readily accessible for immediate use.
    Welcome to OCDO! :celebrate

    The BCI website makes it sound like a gun in your car must be locked away, but here is how it should be interpereted.
    "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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    Regular Member thx997303's Avatar
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    oops, that was your first post wasnt it?

    Welcome to OCDO!

    I should have been the first, sometimes i forget my manners.

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    so if im driving a long and have the gun, without my permit, on my car seat, it has to be utah unloaded. mag in but not have one in the chamber and thats ok right? or is this saying i need it in a case? from talking to BCI i understood it as no round in the chamber has to be visible.

    thanks,

    just checking with the experts.

  17. #17
    State Researcher Kevin Jensen's Avatar
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    Unloaded (full mag, no round chambered) and visible is just fine.

    If you want to conceal it in your vehicle, without a permit, it must be unloaded and securely encased.

    Just don't "securely encase" it in the glove box or console box and you'll be fine!


    "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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