Singlestack wrote:In a bit of a dispute atm, and need to get some things accomplished before I can take the time to research the forums again.....the dispute : It is unlawful to open carry if you possess a CCW permit. True or false? Also, the state codes to back up either answer would be greatly appreciated... thanks gang...
*EDIT* Basically, the argument is: If John Doe has a CCW permit, he is not allowed to OC anywhere. If John Doe is caught while OC'ing and produces his CCW Permit, his permit can be revoked, and he'll be cited or arrested.There is no law generally prohibiting carrying a firearm other than in specific places under specific conditions.UCA 76-1-105. Common law crimes abolished.
Common law crimes are abolished and no conduct is a crime unless made so by this code, other applicable statute or ordinance
The general firearms restrictions are:
76-10-503. Restrictions on possession, purchase, transfer, and ownership of weapons by certain persons.
76-10-504. Carrying a concealed dangerous weapon - Penalties.
76-10-505. Carrying a loaded firearm in vehicle or on street.
76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on or about school premises - Penalties.
76-10-506. Threatening with or using dangerous weapon in fight or quarrel.
76-10-507. Possession of deadly weapon with intent to assault.
76-10-508. Discharge of firearm from a vehicle, near a highway, or in direction of any person, building, or vehicle - Penalties.
76-10-508.1. Felony discharge of a firearm - Penalties.
76-10-509. Possession of a dangerous weapon by minor.
7-10-509.4. Prohibition of possession of certain weapons by minors.
76-10-509.5. Penalties for providing certain weapons to a minor.
76-10-509.6. Parent or guardian providing firearm to violent minor.
76-10-509.7. Parent or Guardian knowing of minor's possession of dangerous weapon.
76-10-509.9. Sales of firearms to juveniles.
and now the clincher:
So, in a word, FALSE. In Utah, the only thing a Concealed Firearm Permit does is EXEMPT the holder from certain firearms laws. It does not require any particular conduct beyond what is required to obtain the permit.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.