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!