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Thread: A couple of questions... school zones & IWB showing = OC?

  1. #1
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    So I had a couple questions for ya'll, I am currently waiting for my CC permit in the mail, but in the mean time I need to know a couple of things.

    Question 1:
    I know that without a CCW permit, you can't have a firearm within 1000 feet of a school... I also know that you are allowed to carry in your car (as if it were your home). So I was wondering, are you allowed to carry in your car while driving past a school? or is that breaking the 1000 feet law? I'm wondering this, because its virtually impossible to drive in the city without coming within 1000 feet of a school, as there is some kind of school on just about every block as it seems.
    Driving down State St you pass a school...
    Driving down 300 W you pass a school...
    Driving down 700 E you pass a school...
    Driving down Foothill you pass a school...
    etc...

    My second question is whether or not IWB carry with the grip of the gun showing is considered Open Carry? I know the law pretty much says "if its open for the public to see and know you have it, its Open" And I'm 100% positive that people who see the butt know that its a gun ...However I would hate getting stopped by a cop and getting arrested for concealing without a permit, I would probably say something smart to the cop like "how the heck did you know I had it? because it was open and you could see it, duh"...

    If anyone is knowledgeable on these two subjects, I would love to hear what you know. Thanks!

  2. #2
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    hahaha i always wondered that also... "if a tree falls in the forest and nobody hears it, does it make a sound?" concealing a gun is only illegal if you get caught, right? (a POLICE officer told me that nothing is illegal, until you get caught! which i disagree with, however, a COP said it)

  3. #3
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    YoZUpZ wrote:
    ...snip... are you allowed to carry in your car while driving past a school? ...snip...

    My second question is whether or not IWB carry with the grip of the gun showing is considered Open Carry?
    Forget that, I want to know if I can drive my motorcycle inside the school while open carrying.

    I've also pondered the subtleties of when a weapon goes from concealed to open carry. My OWB holster (Serpa) conceals much of the gun, but everyone considers it OC. How about when I throw on a short jacket that covers the grip, but not the holstered bottom half (business end) of the weapon.

    How about I'm seated at a table and my weapon is not visible at the moment even though it's OWB. Or I'm just standing in such a way that it's concealed by my body and someone can't see it from their perspective.

    Honestly, these sorts of questions are what initially drove me to try and become comfortable with OC. I already had my CWP for many years before, but now I just don't worry about whether it's CC or OC.

  4. #4
    State Researcher Kevin Jensen's Avatar
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    YoZUpZ wrote:
    So I was wondering, are you allowed to carry in your car while driving past a school?

    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.


    My second question is whether or not IWB carry with the grip of the gun showing is considered Open Carry?

    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.

    "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
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    awesome, thanks

    Now I just wonder if you have it in an IWB holster at 4:00-6:00, a cop would give you crap about it... i.e. ordering food at a fast food restaurant or at a gas station where the person taking your order/attendant cannot see it because it is behind you... The cop may argue that you are "hiding it" from the attendant

    maybe I'll just have to carry appendix until I get the ccw permit

  6. #6
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    Note that driving past a school with a gun in your vehicle is still a crime under the federal gun-free school zone act. To avoid being a felon you need to either have a state-issued permit or else have your gun completely unloaded (not Utah-unloaded) and locked up.

    If that were enforced, of course, virtually every gun owner in the country would be a felon. Stupid law...

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