Utah OC summary?

imported post

My wife will be passing through UT in a few weeks. She's considering carrying while she's traveling. Her only planned stop will be a motel before carrying on. Can someone brief me for OC, including vehicle?

imported post

mahkagari wrote:

My wife will be passing through UT in a few weeks. She's considering carrying while she's traveling. Her only planned stop will be a motel before carrying on. Can someone brief me for OC, including vehicle?

Click to expand...

If she has a CCW from any state, Utah honors it, so she's allowed to conceal at will. Utah also exempts her from the Utah gun-free school zone act (though the federal one still applies, probably).

If she has no permit, Utah recently passed new legislation that allows anyone to carry a loaded weapon in a vehicle, concealed or not. Utah's gun-free school zone act also exempts guns in cars.

Outside of the car, open carry is perfectly legal, but the gun must be "unloaded" while on any public street. The definition of "unloaded" in Utah law is a little bit unusual: No round in firing position, and at least two mechanical actions from firing. For an autoloader that means no round in the chamber (the two actions are rack the slide and pull the trigger). For a revolver it's more complicated, but if she has no round in the chamber under the hammer and no round in the next chamber (the one that will rotate in when the double-action trigger is pulled or the single-action hammer is cocked), then it's legal.

Outside of the vehicle and without a permit, both the state and federal gun-free zone laws apply, so she shouldn't knowingly go within 1000 feet of a school (day care through university).

The only off-limits areas for carry are federal facilities (per federal law), national parks (per federal law), specific secure facilities in courthouses, mental hospitals, etc. (per state law, must be posted and provide firearm storage lockers), school zones (without a permit), and churches and private residences who have chosen to ban firearms. Other private property owners have no authority to ban firearms, so "no guns" signs have no force, though of course they can ask you to leave.

The state has 100% pre-emption on all firearms laws. The only thing municipalities are allowed to restrict is discharge, so you don't have to worry about varying rules as you pass through the state.

There are no state restrictions on magazine capacity or any of that foolishness. If the gun itself is legal in any state it's legal in Utah.

I think that covers it!

imported post

Thanks. Interesting about the two mechanical actions thing.

imported post

mahkagari wrote:

Thanks. Interesting about the two mechanical actions thing.

Click to expand...

Yeah, the prohibition on loaded carry on public streets is the only thing that keeps Utah from being a Gold Star open carry state. Hopefully we'll eventually get that fixed. In the meantime, "israeli-style" carry of a semi-automatic handgun works reasonably well. Losing two rounds out of a five-shot revolver is a problem, though.

Oh, I should also have mentioned that encounters with disapproving LE while OCing are rare, but they do happen sometimes. If she's planning on OCing out of her vehicle any substantial amount, it might be a good idea for her to carry the Utah Attorney General's cellphone number, just in case. I'll PM it to you.

imported post

swillden wrote:

Outside of the vehicle and without a permit, both the state and federal gun-free zone laws apply, so she shouldn't knowingly go within 1000 feet of a school (day care through university).

Click to expand...

I would also add that in Utah it applies to 1000 feet of any activities sponsored or hosted by K-12 and Post-Secondary Institutions. So if you travel to a park for a picnic during the day and see a bunch of school buses go to another park. Only an issue if you don't have a permit. (Issued by any state/county)

I think next legislative session we need to get the Post-Secondary Section and Activities section stricken. Ideally along with the arbitrary 1000 feet.

imported post

Nuttycomputer wrote:

swillden wrote:

I would also add that in Utah it applies to 1000 feet of any activities sponsored or hosted by K-12 and Post-Secondary Institutions. So if you travel to a park for a picnic during the day and see a bunch of school buses go to another park. Only an issue if you don't have a permit. (Issued by any state/county)

Click to expand...

Click to expand...

Unless authorised (ie a permit) 76-10-505.5 restricts guns in "school premises". How does "school premises" include a park?

imported post

blainenay wrote:

How does "school premises" include a park?

Click to expand...

Because Utah has made school zones far more restrictive than federal law. It is something we need to have repealed at the next legislative session.

76-3-203.2. Definitions -- Use of dangerous weapon in offenses committed on or about school premises -- Enhanced penalties.
(1) (a) As used in this section and Section 76-10-505.5, "on or about school premises" means any of the following:
(i) in a public or private elementary, secondary, or on the grounds of any of those schools;
(ii) in a public or private vocational school or postsecondary institution or on the grounds of any of those schools or institutions;
(iii) in those portions of any building, park, stadium, or other structure or grounds which are, at the time of the act, being used for an activity sponsored by or through a school or institution under Subsections (1)(a)(i) and (ii);
(iv) in or on the grounds of a preschool or child-care facility; and
(v) within 1,000 feet of any structure, facility, or grounds included in Subsections (1)(a)(i), (ii), (iii), and (iv).

Click to expand...