Results 1 to 10 of 10

Thread: BCI Website?

  1. #1
    Regular Member
    Join Date
    Aug 2009
    Location
    Grantsville, Utah, USA
    Posts
    124

    Post imported post

    This is on BCI's website: 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.

    This is not correct is it, with the new May 15th law???

  2. #2
    Regular Member
    Join Date
    Mar 2009
    Location
    SLC, Utah, USA
    Posts
    223

    Post imported post

    You can carry a gun in your car without a permit, loaded, unloaded, concealed, or open in a car. But once you are out of your car, you may NOT have it loaded or concealed without a permit. Below are the laws. The red parts are the reason why you can carry in your car, or residence without a permit.


    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.


    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.

  3. #3
    State Researcher Kevin Jensen's Avatar
    Join Date
    Feb 2007
    Location
    Santaquin, Utah, USA
    Posts
    2,313

    Post imported post

    kdt1970 wrote:
    This is on BCI's website: 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.

    This is not correct is it, with the new May 15th law???
    You have posted this a little bit out of context. While I am opposed to looking to the BCI for answers, technically they are correct above. Here is the full excerpt from the BCI's website.

    The part I highlighted in green shows how a loaded handgun may be carried in a vehicle.
    The part I highlighted in red shows how a firearm may be carried without a permit in a vehicle that is not in your possession. (eg. taxi cab)


    Carrying in Vehicles

    A person may not carry a loaded weapon in a vehicle unless they have a valid permit to carry or:
    • They are at least 18 years old and
    • Has lawful possession of the vehicle or consent of the person who has lawful possession of the vehicle and
    • The weapon is not a rifle, shotgun or muzzle-loading rifle
    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.

    Sources: 53-5-704 Division duties - Utah Code ยงยง 23-20-11 et seq., 24-2-17, 76-10-301, 76-10-501 et seq.


    "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

  4. #4
    Regular Member
    Join Date
    Jun 2008
    Location
    Dixie, Utah, USA
    Posts
    17

    Post imported post

    I can see how the OP could get confused while reading these laws. Most laws are written "in circles" and getting the real meaning out of the statutes (the way they are written)takes some practice.

    I have learned so much on this forum, mainly from those that have spent the time to "practice" reading the laws. If you have not been trained in law, reading statutes can be very intimidating and it can be overwelming...or....It can become an obsession (in a good way) I'm grateful for those here that take the time to research andkeep us up to date on these laws. and at a fraction (free)of the cost to hire a lawyer...

    Larry

    St. George

  5. #5
    Regular Member
    Join Date
    Jul 2007
    Location
    Payson, Utah, USA
    Posts
    1,146

    Post imported post

    im sick of all these "anti-gun" laws... our forefathers would crap themselves! they make it nearly impossible to carry a gun anymore (i think i was meant to be born in the 1700's)

  6. #6
    Regular Member
    Join Date
    Sep 2009
    Location
    Sandy, Utah, USA
    Posts
    31

    Post imported post

    Question for clarification...If a person is hunting and has a loaded firearm (rifle/shotgun) in a vehicle and also has a CCPare they in any violation of the law.

    I am not advocating that this be done, but we all probably know someone of has done this. My point next would bedoes a CCP limit you to just a handgun?

    Thanks in advance!

  7. #7
    State Researcher
    Join Date
    Jul 2006
    Location
    Utah
    Posts
    4,795

    Post imported post

    Pedman wrote:
    Question for clarification...If a person is hunting and has a loaded firearm (rifle/shotgun) in a vehicle and also has a CCPare they in any violation of the law.

    I am not advocating that this be done, but we all probably know someone of has done this. My point next would bedoes a CCP limit you to just a handgun?

    Thanks in advance!
    A person with a permit to carry a firearm may legally have a loaded and/or concealed gun in his car. That includes a long gun.

    A person without a permit to carry may not have a loaded long gun in his car.

    A person with a permit to carry may even carry a gun on hunts where hunting with the gun is illegal. Obviously, he may not use the gun for hunting (unless otherwise legal to do so). But the permit allows him to legally have it in his possession.

    A person, with or without a permit is also always allowed to have a firearm at his place of residence, including any temporary abode like a camp. (Assuming you are not in a place where federal laws would trump that, like a national park.) Even on a bow or blackpowder hunt, you can legally have a usable, modern gun in camp (IE, for defense against bears or criminals).

    In no event (except for special handicapped hunting permits) may a person hunt from a motor vehicle, nor shoot from nor across a road.

    Being engaged in a hunt does not change any of these facts. However, DWR officers don't necessary know, agree with, or like these laws and have given a fair number of tickets for what they thought was or should be illegal, but was perfectly legal under State law. The tickets get tossed when the case comes before the judge, but that doesn't pay you back your time, hassle, and legal fees to get the ticket tossed.

    I am not a lawyer. This is not legal advice. Consult your attorney before making life altering decisions. Your mileage may vary. And so on.

    Charles



    All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thank heaven we do not permit a few to impose anarchy.

    "With Anarchy as an aim and as a means, Communism becomes possible."
    --Marxist.org

    "Communism and Anarchy [are], a necessary complement to one another. "
    --PETER KROPOTKIN, "Anarchism: its philosophy and ideal." 1898.

  8. #8
    State Researcher Kevin Jensen's Avatar
    Join Date
    Feb 2007
    Location
    Santaquin, Utah, USA
    Posts
    2,313

    Post imported post

    Pedman wrote:
    Question for clarification...If a person is hunting and has a loaded firearm (rifle/shotgun) in a vehicle and also has a CCPare they in any violation of the law.
    As Charles said, you may have any type of firearm loaded in your vehicle if you have a permit. The permit may be from any State or County.


    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.


    76-10-523. Persons exempt from weapons laws.
    (1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to any of the following:
    (a) a United States marshal;
    (b) a federal official required to carry a firearm;
    (c) a peace officer of this or any other jurisdiction;
    (d) a law enforcement official as defined and qualified under Section 53-5-711;
    (e) a judge as defined and qualified under Section 53-5-711;
    (f) a common carrier while engaged in the regular and ordinary transport of firearms as merchandise; or
    (g) a nonresident traveling in or through the state, provided that any firearm is:
    (i) unloaded; and
    (ii) securely encased as defined in Section 76-10-501.
    (2) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not apply to any person to whom a permit to carry a concealed firearm has been issued:
    (a) pursuant to Section 53-5-704; or
    (b) by another state or county.




    To answer your question about the permit limiting your carry to a handgun. No, the law that criminalizes concealment is for dangerous weapons, not just handguns or firearms. There are many weapons that are illegal to conceal without a permit.



    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.
    ...
    (5) (a) "Dangerous weapon" means any item that in the manner of its use or intended use is capable of causing death or serious bodily injury. The following factors shall be used in determining whether a knife, or any other item, object, or thing not commonly known as a dangerous weapon is a dangerous weapon:
    (i) the character of the instrument, object, or thing;
    (ii) the character of the wound produced, if any;
    (iii) the manner in which the instrument, object, or thing was used; and
    (iv) the other lawful purposes for which the instrument, object, or thing may be used.
    (b) "Dangerous weapon" does not include any explosive, chemical, or incendiary device as defined by Section 76-10-306.



    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.


    "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

  9. #9
    Regular Member
    Join Date
    Sep 2009
    Location
    Sandy, Utah, USA
    Posts
    31

    Post imported post

    Thanks Charles - I tried looking for the specific ordinance that I believe is an exemption to section 76-10-505just as a reference.

    Does anyone know this?

    Thanks!

  10. #10
    Regular Member
    Join Date
    Sep 2009
    Location
    Sandy, Utah, USA
    Posts
    31

    Post imported post

    Thanks SGT - you beat me to the 'enter' key...

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •