I have a question.. about Utah open carry laws

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Hello,

I'm not sure where I should post this but I am posting it but I guess this is the correct place(I tried searching where to post it but the site is loading slow for me and would have taken a while).

Anyways, I have a very specific question. I am 18 years old and as far as my research has found - you can own a gun as 18 years old. On top of this, you may carry the gun around as long as it is unloaded.

Then I read "unloaded" was defined by something that takes 2 or more actions to fire the pistol.

Does this mean even though I am 18 I may open carry a weapon as long as it is 2 actions away from firing?

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First off, Welcome to OCDO! :celebrate


HansUser wrote:

Does this mean even though I am 18 I may open carry a weapon as long as it is 2 actions away from firing?

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You are correct. The lawful age to posses a handgun in Utah is 18. Some people get this confused with the Federal law that limits handgun sales by dealers to persons 21 years or older.

76-10-509.4. Prohibition of possession of certain weapons by minors.
(1) A minor under 18 years of age may not possess a handgun.
(2) Except as provided by federal law, a minor under 18 years of age may not possess the following:
(a) a sawed-off rifle or sawed-off shotgun; or
(b) a fully automatic weapon.
(3) Any person who violates Subsection (1) is guilty of:
(a) a class B misdemeanor upon the first offense; and
(b) a class A misdemeanor for each subsequent offense.
(4) Any person who violates Subsection (2) is guilty of a third degree felony.


Carrying "Utah Unloaded" is not a requirement everywhere, but it a safe bet to carry this way until you can get a concealed firearm permit. The State of Maine will issue a non-resident permit by mail to 18 year olds, and Utah will accept it.

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.


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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Thanks for that detailed reply. I am very pleased to hear about the CWP option. I was depressed about possibly having to wait till 21 to get the CWP.

EDIT:

How do I go about getting that permit from Maine?

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I also had one more question, may I carry a weapon concealed at the age of 18 as long as it's considered unloaded?

I tried to do my research, but it's hard to separate truth from fiction with all the different statements out there and it's a pain to dig through the laws.

EDIT: Sorry I meant to edit my second post, not double post.

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No it must remain openly carried. Also you need to be careful of school zones and most areas deemed off limits. IE Post Offices Court House ETC.

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Sounds good thanks, yeah I read about those areas. That brings me to another questions(got to love the question overloads).

Does having a concealed weapon permit from Maine by-pass the restrictions on school areas and so on? And can some one provide me with a link on how to apply for a Main permit by mail?

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Just go to the Maine state police website, you can get the application from them.

And as far as the school zone thing, I would say no to be safe, but it is a source of some debate.

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According to Utah law, any permit will exempt you from Utah's gun free school zone law. HOWEVER, the BATFE has put out a memo that to be exempted from the Federal GFSZA, the permit must be issued by the State that the school is located in. Also keep in mind that da gubment is not actively enforcing the Federal GFSZA either. :?

Here is the website for permits in Maine. http://www.maine.gov/dps/msp/licenses/weapons_permits.html


76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on or about school premises -- Penalties.
(1) A person may not possess any dangerous weapon, firearm, or sawed-off shotgun, as those terms are defined in Section 76-10-501, at a place that the person knows, or has reasonable cause to believe, is on or about school premises as defined in Subsection 76-3-203.2(1).
(2) (a) Possession of a dangerous weapon on or about school premises is a class B misdemeanor.
(b) Possession of a firearm or sawed-off shotgun on or about school premises is a class A misdemeanor.
(3) This section does not apply if:
(a) the person is authorized to possess a firearm as provided under Section 53-5-704, 53-5-705, 76-10-511, or 76-10-523, or as otherwise authorized by law;
(b) the possession is approved by the responsible school administrator;
(c) the item is present or to be used in connection with a lawful, approved activity and is in the possession or under the control of the person responsible for its possession or use; or
(d) the possession is:
(i) at the person's place of residence or on the person's property;
(ii) in any vehicle lawfully under the person's control, other than a vehicle owned by the school or used by the school to transport students; or
(iii) at the person's place of business which is not located in the areas described in Subsection 76-3-203.2(1)(a)(i), (ii), or (iv).
(4) This section does not prohibit prosecution of a more serious weapons offense that may occur on or about school premises.


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.

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That is an odd situation, they really need to come to a agreement on both ends which law should be universal.

Either way, I am applying for the Maine gun permit, and buying a weapon and completing a class. I'm glad I found out all of this information with a bit of research and a simple thread on this forums.

Thanks guys appreciate it.

Do any of you have any personal experience with how open-carrying is in Utah, as in do you get a lot of harassment or is it usually not to bad?

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Search this forum, mostly not bad. There are plenty of stories if you just search a little

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HansUser wrote:

That is an odd situation, they really need to come to a agreement on both ends which law should be universal.

Either way, I am applying for the Maine gun permit, and buying a weapon and completing a class. I'm glad I found out all of this information with a bit of research and a simple thread on this forums.

Thanks guys appreciate it.

Do any of you have any personal experience with how open-carrying is in Utah, as in do you get a lot of harassment or is it usually not to bad?

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hey hans, just a heads up, the only way you can get the maine permit is if youve been in the military, police, or had STATE SANCTIONED arms training... taking the CWP class here in utah wont help, even though its legally considered "utah sanctioned". ive tried this 2 times, and it hasnt worked. they said i need professional training :/ i know, lame... so either do what i did, and just opencarry for 3 years till youre 21 (well ill be 21 in 2 months) or go spend hundreds on weapons training.

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Hey, what kind of professional arms training do they require? Are their specific classes in utah you can take that are considered professional? Links are appreciated.



Thanks

Trevor

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There are a few people here that have Maine permits. rocknsnow has his, and nuttycomputer over at www.utahconcealedcarry.com has one as well. Send them a PM and see what they did for their training.

Or call the issuing angency in Maine and ask them what they recommend for training.

45 Commerce Dr., Augusta
Mailing address -- State House Station 164, Augusta, ME. 04333
Phone (207) 624-7210
Fax (207) 287-3424
Sgt. William Gomane -Bill.Gomane@maine.gov