Page 1 of 2 12 LastLast
Results 1 to 25 of 27

Thread: open carry on a motorcycle in utah

  1. #1
    Regular Member
    Join Date
    Nov 2009
    Location
    long beach, California, USA
    Posts
    3

    Post imported post

    is it okay to open carry in Utah on a motorcycle with a glock in a holster with a full mag with out one in the chamber

  2. #2
    Regular Member UtahJarhead's Avatar
    Join Date
    Sep 2009
    Location
    Ogden, UT, ,
    Posts
    313

    Post imported post

    Provided it is Utah unloaded as you described (2 actions) then you're good to go to OC on a motorcycle. I don't know how to interpret the law, but it's POSSIBLE that the motorcycle could be interpreted as a vehicle meaning you can carry loaded. IANAL, YMMV, etc etc...

    OC unloaded is safe for sure. OC loaded is safe if you have CFP. It's POSSIBLE that OC loaded is safe as your motorcycle is your vehicle but I wouldn't bet money on it.

  3. #3
    Regular Member
    Join Date
    Apr 2009
    Location
    Lehi, Utah, USA
    Posts
    202

    Post imported post

    As I stated in the other thread: To quote the great SGT "You may carry a gun ducttaped to your forehead if you wish. The State of Utah does not regulate how we carry them".But the law is pretty clear CFP holders may carry "utah loaded" non-CFP holders must carry "utah un-loaded" two actions etc, blah blah. However in or on a vehicle has changed: under the statute that became effective back in May, you can oc or cc/loaded or unloadedin or on your vehicle without a CFP. So yeah OC-"utah loaded" as you please...

    I'd advise that if you don't have a CFP once you step off your bike that you either disarm & leave the firearm on the bikeorjust carry "utah unloaded". Though if you have a CFP than you have nothing to worry about... (I hope that is right, my understanding is that 76-10-505 criminalizes loadedon public streets, and in posted prohibited areas)


    Just keep in mind:

    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.


    Nextare school zones. Firearms are generally prohibited within 1000 feet of school property if you DONOT have a concealed firearm permit.

    However, this law does not apply to you as long as your firearm remains in or on your vehicle.


    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.


    If you step offyour bike in a school zone with a firearm in your possession, thenyou are no longer afforded the protection of the law, and he can cite you for a violation of 76-10-505.5.
    Make sure the firearm stays on your bike, or in the cops possession until you are back on the bike.


    If you DO have a CFP, then none of this applies to you, and you may carry loaded if you wish, or on foot in a school zone.

    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.




    Also should say welcome!


  4. #4
    State Researcher Kevin Jensen's Avatar
    Join Date
    Feb 2007
    Location
    Santaquin, Utah, USA
    Posts
    2,313

    Post imported post

    bmeldrum wrote:
    To quote the great SGT
    You damn near quoted a whole post of mine. :X You now owe me a nickle and a stick of gum. :P
    "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

  5. #5
    Regular Member
    Join Date
    Apr 2009
    Location
    Lehi, Utah, USA
    Posts
    202

    Post imported post

    SGT Jensen wrote:
    bmeldrum wrote:
    To quote the great SGT
    You damn near quoted a whole post of mine. :X You now owe me a nickle and a stick of gum. :P
    Sorry to spoil all the fun... How about I see your nickle & gum & raise you or just give you a dime, stick of gum and some Jack Daniels... or what ever you like!

  6. #6
    Regular Member Beau's Avatar
    Join Date
    Dec 2007
    Location
    East of Aurora, Colorado, USA
    Posts
    672

    Post imported post

    What is this loaded unloaded stuff? If you can't carry one in the pipe you may as well not carry.
    Colorado Gun Owners - COGO
    http://www.ColoradoGunOwners.com

    A discussion forum for Colorado Gun Owners.

    Colorado Firearm law.
    http://www.lexisnexis.com/hottopics/colorado/
    Lexis Nexis: Colorado law pertaining to firearms.
    Title 18, Article 12

  7. #7
    Regular Member thx997303's Avatar
    Join Date
    May 2008
    Location
    Lehi, Utah, USA
    Posts
    2,716

    Post imported post

    Bull, at least it's not as bad as California carry.

    Full mag with no round in the chamber is worlds better than no gun.

  8. #8
    Regular Member
    Join Date
    Jul 2008
    Location
    Saratoga Springs, Utah, USA
    Posts
    1,221

    Post imported post

    Beau wrote:
    What is this loaded unloaded stuff? If you can't carry one in the pipe you may as well not carry.
    You must be kidding. Right?

    There is a HUGE difference between carrying a full magazine with an empty pipe....and not carrying at all. I mean, you're kidding.

    I think it is a GREAT option for those who do not have a CFP. What else would they do if they wanted to carry, just not? No way. This way, everyone can exercise their 2nd without having to file paperwork and pay money to the state.

    ??

  9. #9
    State Researcher Kevin Jensen's Avatar
    Join Date
    Feb 2007
    Location
    Santaquin, Utah, USA
    Posts
    2,313

    Post imported post

    I know some people who prefer to carry without a round in the chamber. They feel more comfortable this way.
    "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

  10. #10
    Regular Member
    Join Date
    Apr 2009
    Location
    Lehi, Utah, USA
    Posts
    202

    Post imported post

    Beau wrote:
    What is this loaded unloaded stuff? If you can't carry one in the pipe you may as well not carry.
    are u serious? You have about 200 posts and been signed up since 2007 surely by now you know about or have read the posts about "Utah loaded/unloaded"... orr u just trying to get a rise out of everyone?

    Maybe it's just been awhile so to refresh your memory:

    Utah code: 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.

    To quote from the pamphlet: "So a weapon is loaded when (a) there is a round in
    firing position or (b) when it is one mechanical action away from firing. This means that non-permit holders can carry a pistol with a full magazine, but an empty chamber (chambering a round + pulling the trigger = two mechanical actions). A revolver cannot have a round in line with the barrel OR in the next cylinder"
    http://freeutah.org/docs/UtahGunLaw2009st.pdf

    can i get an amen?!

  11. #11
    State Researcher Kevin Jensen's Avatar
    Join Date
    Feb 2007
    Location
    Santaquin, Utah, USA
    Posts
    2,313

    Post imported post

    It's a hell of a lot better definition of loaded than Kalifornia has. :?
    "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

  12. #12
    Regular Member
    Join Date
    Jul 2007
    Location
    Payson, Utah, USA
    Posts
    1,146

    Post imported post

    I JUST CAUGHT SOMETHING!!!!

    "Nextare school zones. Firearms areGENERALLY prohibited within 1000 feet of school property if you DONOT have a concealed firearm permit."



    what does THIS mean have i found something of use!?

    generally can mean alot of things!


  13. #13
    State Researcher Kevin Jensen's Avatar
    Join Date
    Feb 2007
    Location
    Santaquin, Utah, USA
    Posts
    2,313

    Post imported post

    b1ack5mith wrote:
    I JUST CAUGHT SOMETHING!!!!

    "Nextare school zones. Firearms areGENERALLY prohibited within 1000 feet of school property if you DONOT have a concealed firearm permit."



    what does THIS mean have i found something of use!?

    generally can mean alot of things!
    ...meaning that if you don't have a permit, you can still be exempt if you are on your property, in your vehicle, or have permission to possess the firearm in the school zone.


    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.
    "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

  14. #14
    Regular Member
    Join Date
    Jul 2007
    Location
    Payson, Utah, USA
    Posts
    1,146

    Post imported post

    who can we talk to, to make it throughout the state, to allow people who dont have permits, to carry within 1000' of the school? i find it unconstitutional to not allow people to carry near schools

  15. #15
    Regular Member
    Join Date
    Dec 2007
    Location
    Firestone, Colorado
    Posts
    1,189

    Post imported post

    b1ack5mith wrote:
    who can we talk to, to make it throughout the state, to allow people who dont have permits, to carry within 1000' of the school? i find it unconstitutional to not allow people to carry near schools
    Your representatives to the state legislature.

    Good luck, though, this issue is the sort that riles up all sorts of political opposition, even though the law is actually pretty silly. YOU WANT GUNS IN SCHOOLS??? ARE YOU CRAZY??? DO YOU WANT OUR KIDS TO DIE??? That's what anyone who raises this issue will face.

  16. #16
    Regular Member
    Join Date
    Jul 2007
    Location
    Payson, Utah, USA
    Posts
    1,146

    Post imported post

    true true :/ well they should just make the law...

    "you cant carry IN schools unless you are a permit holder or law enforcement." but the 1000' law shouldnt be an issue anymore, 1000' is a very far distance... atleast have it changed to SCHOOL zones, which is like 100' i think

  17. #17
    Regular Member
    Join Date
    Dec 2007
    Location
    Firestone, Colorado
    Posts
    1,189

    Post imported post

    b1ack5mith wrote:
    true true :/ well they should just make the law...

    "you cant carry IN schools unless you are a permit holder or law enforcement." but the 1000' law shouldnt be an issue anymore, 1000' is a very far distance... atleast have it changed to SCHOOL zones, which is like 100' i think
    One step at a time... and I think the first step is to get rid of the "traveling" school zones. The law says that anywhere within 1000 feet of any school-sponsored activity is also a school zone. So if you happen to find yourself near a field trip carrying without a permit (any permit is okay) you're breaking the law.

    Another good step would be to pare back the definition of "school", so that it doesn't include everything from day care to cosmetology school. If you really tracked down every location that counts as a school and then plotted 1000' circles around them, I'll bet there would be very few places you can carry without a permit.

    And, I agree, reducing the distance to something halfway reasonable would be a good idea.

  18. #18
    Regular Member
    Join Date
    Nov 2009
    Location
    , ,
    Posts
    4

    Post imported post


  19. #19
    Regular Member
    Join Date
    Nov 2009
    Location
    , ,
    Posts
    4

    Post imported post

    higearray wrote:
    is it okay to open carry in Utah on a motorcycle with a glock in a holster with a full mag with out one in the chamber
    Yes. If you have a permit you can have one chambered.

  20. #20
    Regular Member
    Join Date
    Dec 2007
    Location
    Firestone, Colorado
    Posts
    1,189

    Post imported post

    Athanasia wrote:
    higearray wrote:
    is it okay to open carry in Utah on a motorcycle with a glock in a holster with a full mag with out one in the chamber
    Yes. If you have a permit you can have one chambered.
    Technically, you can also carry with one chambered without a permit. The vehicle-carry bill was passed last year so fully-loaded carry is legal in (or on) your vehicle, without a permit.

    You can't, however, step off the bike and onto a public street with a loaded firearm. So as a practical matter, it's probably better to leave the chamber empty.

  21. #21
    Regular Member
    Join Date
    Dec 2009
    Location
    Pleasant Grove Utah
    Posts
    47

    Post imported post

    good to know.

  22. #22
    Regular Member Utah_Patriot's Avatar
    Join Date
    Jun 2008
    Location
    Kearns, Utah, USA
    Posts
    717

    Post imported post

    I love open carry on a Motorcycle
    Zach
    8014487574
    "A fear of weapons is a sign of retarded sexual and emotional maturity"

  23. #23
    Regular Member redreed's Avatar
    Join Date
    Dec 2009
    Location
    Bristow, VA, USA
    Posts
    58

    Post imported post

    Please allow me to make a suggestion for those less experienced who want to open carry a semi-automatic pistol on a bike without a permit. Before you get off you have to unload your weapon.

    For a semi auto, that is afive step process:

    1. Drop the mag (otherwise you just load the next round - duh)

    2. Rack the slide to unload the round (using your cupped hand to catch the ejected round).You canuse the same hand to catch the round and rack the slide at the same time. Just be careful not to get pinched!

    3. Place the ejected round in your pocket or back in the mag.

    4. Verify you are unloaded.

    5. Re-insert the mag.

    Practice this before you do it for real.

    Be advised that this little demonstration in public may garnish you some unwanted attention.

    Personally I would just be unloaded (mag installed, but nothing in the pipe) all the time unless I had a CCW permit. But that is just me. You are welcome to do as you please.

    Be safe friends.

  24. #24
    Regular Member redreed's Avatar
    Join Date
    Dec 2009
    Location
    Bristow, VA, USA
    Posts
    58

    Post imported post

    Please allow me to make a suggestion for those less experienced who want to open carry a semi-automatic pistol on a bike without a permit. Before you get off you have to unload your weapon.

    For a semi auto, that is afive step process:

    1. Drop the mag (otherwise you just load the next round - duh)

    2. Rack the slide to unload the round (using your cupped hand to catch the ejected round).You canuse the same hand to catch the round and rack the slide at the same time. Just be careful not to get pinched!

    3. Place the ejected round in your pocket or back in the mag.

    4. Verify you are unloaded.

    5. Re-insert the mag.

    Practice this before you do it for real.

    Be advised that this little demonstration in public may garnish you some unwanted attention.

    Personally I would just be unloaded (mag installed, but nothing in the pipe) all the time unless I had a CCW permit. But that is just me. You are welcome to do as you please.

    Be safe friends.

  25. #25
    Regular Member redreed's Avatar
    Join Date
    Dec 2009
    Location
    Bristow, VA, USA
    Posts
    58

    Post imported post

    Please allow me to make a suggestion for those less experienced who want to open carry a semi-automatic pistol on a bike without a permit. Before you get off you have to unload your weapon.

    For a semi auto, that is afive step process:

    1. Drop the mag (otherwise you just load the next round - duh)

    2. Rack the slide to unload the round (using your cupped hand to catch the ejected round).You canuse the same hand to catch the round and rack the slide at the same time. Just be careful not to get pinched!

    3. Place the ejected round in your pocket or back in the mag.

    4. Verify you are unloaded.

    5. Re-insert the mag.

    Practice this before you do it for real.

    Be advised that this little demonstration in public may garnish you some unwanted attention.

    Personally I would just be unloaded (mag installed, but nothing in the pipe) all the time unless I had a CCW permit. But that is just me. You are welcome to do as you please.

    Be safe friends.

Page 1 of 2 12 LastLast

Posting Permissions

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