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Thread: Visiting Utah this weekend

  1. #1
    Regular Member killchain's Avatar
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    Can someone point me in the right direction for some reading up on concealed and open carry laws in Utah?

    Also, does Utah recognize Washington State Concealed Pistol Licenses?

    Thanks.
    "War is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and patriotic feeling which thinks that nothing is worth war is much worse. The person who has nothing for which he is willing to fight, nothing which is more important than his own personal safety, is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men than himself." -John Stuart Mill

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    First, Utah recognizes ALL other state's concealed permits.

    With a concealed permit, you can carry pretty much anywhere that is not a Federal Facility or a secure area such as a jail or mental health facility. Churches and private residences can prohibit carry. A concealed permit does not require concealment, it only permits it.

    A good synopsis of Utah gun laws is http://freeutah.org/docs/UtahGunLaw2009v4.pdf

  3. #3
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    killchain wrote:
    Can someone point me in the right direction for some reading up on concealed and open carry laws in Utah?

    Also, does Utah recognize Washington State Concealed Pistol Licenses?
    Chain,

    In addition to the pamphlet rpyne pointed you to, you can also easily access Utah law directly at http://www.le.state.ut.us/UtahCode/title.jsp .

    With a valid permit from anywhere in the nation, you are legal to carry a gun almost anyplace you are likely to visit in Utah. And with the federal credit card bill taking effect this past February, that includes inside National Parks located within Utah.

    Open carry with a permit is legal, and generally well accepted in most locations. No guarantees that someone won't have an issue with it on a college campus or in a national park however.

    The list of where you can't legally carry, even with your permit, is fairly short:

    The usual federal locations like post offices, military installations, federal facilities (including court houses, and visitor centers in national parks), etc;
    Jails, prisons, secure mental hospitals, and State/city courthouses;
    Private homes that make a request not to have guns brought in;
    Houses of worship that "give notice" that guns are not welcome;
    A temporary secure hearing room on a college campus.

    In addition to the usual methods of giving notice like posting signs or verbal communication, churches can give notice by being included on the Utah BCI webpage at http://publicsafety.utah.gov/bci/CFchurch.html . At this time, only the LDS (aka "Mormon") church is using this method to give notice. They have included all of their houses of worship which includes regular church buildings, temples (not open to non-LDS anyway), and the conference center, tabernacle, and assembly hall on temple square.

    Only the interior of these buildings are off limits, parking lots and other outdoor areas are legal. However, if you choose to visit Temple Square you will want to secure your gun in the car if you are going to tour the Tabernacle, Assembly Hall, or Conference Center. If you are not going to visit the interior of those buildings, you may well consider legally concealing at temple square rather than OCing just to avoid being asked to leave.

    A couple of other churches may have signs posted, or verbally ask you to take your gun out if they see it. Other than the areas listed above, a "no gun" sign has no legal weight in Utah, and (therefore) are quite rare anyway.

    Places you CAN legally carry with your permit:

    Schools and school zones;
    Restaurants, bars, private clubs, or other establishments that sell or serve alcohol; You may even legally imbibe while legally carrying a gun, but you may NOT be over the legal limit for driving while in possession of a gun (generally 0.08% BAC); Exercise good judgment and caution if you choose to drink at all while in possession of a gun.
    City and State government buildings including the State capital, recreation centers, etc (other than those secure areas listed above like jails);
    Parks, trails, wildlife refuges, etc. (There are a few old, outdated, and unenforceable signs in some of these areas that we are still getting cleaned up. Let us know if you see any.)

    We do not have a duty to notify law if you are stopped by police, but if you choose to notify, simply handing them your permit with your license and waiting to say anything at all until they ask you a question is about the best way of notifying, in my opinion.

    If you are flying the ticket agents at the SLC airport are very well versed in the procedure to declare and check your gun for the flight home. After filling out the paperwork they will walk you and your back down to wear a TSA agent will inspect your open bag / case in your presence, and then either re-lock it for you, or ask you to lock it before taking it into the bowels of the airport for getting onto your plane. This procedure rarely adds more than 5 minutes to my check in time compared to checking a bag without a gun.

    Have a safe and enjoyable trip.

    I am not a lawyer, this is not legal advice, and so on and so forth.

    Charles


    All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thank heaven we do not permit a few to impose anarchy.

    "With Anarchy as an aim and as a means, Communism becomes possible."
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    Regular Member ISRAEL's Avatar
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    This is a good news, I want to go to SLC. ,I live in Boise, and I have a C .Permit from Wash. and Idaho,now I know I can bring my gun toUtah, I was reading that you can not have a bullet in the chamber?, can you explain this to us , becouse I OC. a 44 Mag. and do I have to put only 5 bullets in it? if I OC. in Utah, or only in SLC?. Thank you for the information. Su vaquero amigo, Israel.

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    utbagpiper wrote:
    killchain wrote:
    Can someone point me in the right direction for some reading up on concealed and open carry laws in Utah?

    Also, does Utah recognize Washington State Concealed Pistol Licenses?
    In addition to the usual methods of giving notice like posting signs or verbal communication, churches can give notice by being included on the Utah BCI webpage at http://publicsafety.utah.gov/bci/CFchurch.html . At this time, only the LDS (aka "Mormon") church is using this method to give notice. They have included all of their houses of worship which includes regular church buildings, temples (not open to non-LDS anyway) - Not true! Anyone is more than welcome to walk into an LDS Temple. You will just not be permitted to go past the front desk without a current temple recommend. So the front area and waiting area/room are not off limits.

    Charles, I don't know if you meant to include regular church buildings as off limits to non-LDS or not, but is sounded like that to me. So just to clarify in case - Anyone from any religion or not is more than welcome to enter a regular church building at any time.

    Both of these places of course can be entered without possession of a firearm.

    , and the conference center, tabernacle, and assembly hall on temple square.

    Only the interior of these buildings are off limits, parking lots and other outdoor areas are legal. However, if you choose to visit Temple Square you will want to secure your gun in the car if you are going to tour the Tabernacle, Assembly Hall, or Conference Center. If you are not going to visit the interior of those buildings, you may well consider legally concealing at temple square rather than OCing just to avoid being asked to leave. I have OC at Temple square on more than one occasion, with no hassle what so ever, but since then the security has been beefed up a bit and chances are that you will be asked to leave as Charles as stated.

    A couple of other churches may have signs posted, or verbally ask you to take your gun out if they see it. Other than the areas listed above, a "no gun" sign has no legal weight in Utah, and (therefore) are quite rare anyway.

    Places you CAN legally carry with your permit:

    Schools and school zones;
    Restaurants, bars, private clubs, or other establishments that sell or serve alcohol; You may even legally imbibe while legally carrying a gun, but you may NOT be over the legal limit for driving while in possession of a gun (generally 0.08% BAC); Exercise good judgment and caution if you choose to drink at all while in possession of a gun.
    City and State government buildings including the State capital, recreation centers, etc (other than those secure areas listed above like jails);
    Parks, trails, wildlife refuges, etc. (There are a few old, outdated, and unenforceable signs in some of these areas that we are still getting cleaned up. Let us know if you see any.)

    We do not have a duty to notify law if you are stopped by police, but if you choose to notify, simply handing them your permit with your license and waiting to say anything at all until they ask you a question is about the best way of notifying, in my opinion.

    If you are flying the ticket agents at the SLC airport are very well versed in the procedure to declare and check your gun for the flight home. After filling out the paperwork they will walk you and your back down to wear a TSA agent will inspect your open bag / case in your presence, and then either re-lock it for you, or ask you to lock it before taking it into the bowels of the airport for getting onto your plane. This procedure rarely adds more than 5 minutes to my check in time compared to checking a bag without a gun.

    Have a safe and enjoyable trip.

    I am not a lawyer, this is not legal advice, and so on and so forth.

    Charles

    "When the people fear their government, there is tyranny; when the government fears the people, there is liberty."
    Thomas Jefferson

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    ISRAEL wrote:
    This is a good news, I want to go to SLC. ,I live in Boise, and I have a C .Permit from Wash. and Idaho,now I know I can bring my gun toUtah, I was reading that you can not have a bullet in the chamber?, can you explain this to us , becouse I OC. a 44 Mag. and do I have to put only 5 bullets in it? if I OC. in Utah, or only in SLC?. Thank you for the information. Su vaquero amigo, Israel.
    As long as you have a permit you are allowed to have a bullet in the chamber or "fully loaded". So in other words, you are permitted to carry as many bullets as your firearm will allow you to. This also goes for anywhere in the state of Utah except the normal places that are off limits as Charles has listed in the post above.
    "When the people fear their government, there is tyranny; when the government fears the people, there is liberty."
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    ISRAEL wrote:
    This is a good news, I want to go to SLC. ,I live in Boise, and I have a C .Permit from Wash. and Idaho,now I know I can bring my gun toUtah, I was reading that you can not have a bullet in the chamber?, can you explain this to us , becouse I OC. a 44 Mag. and do I have to put only 5 bullets in it? if I OC. in Utah, or only in SLC?. Thank you for the information. Su vaquero amigo, Israel.
    The "no bullet in the chamber" applies to open carry without a concealed permit. It comes from the Utah definition of "loaded" which is:

    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.
    and the prohibition of loaded carry on a street:

    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.
    which only applies to those without a concealed permit.

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    packingmama wrote:
    Anyone is more than welcome to walk into an LDS Temple. You will just not be permitted to go past the front desk without a current temple recommend. So the front area and waiting area/room are not off limits.

    Charles, I don't know if you meant to include regular church buildings as off limits to non-LDS or not, but is sounded like that to me. So just to clarify in case - Anyone from any religion or not is more than welcome to enter a regular church building at any time.

    Both of these places of course can be entered without possession of a firearm.
    Packing mama is correct. My thanks for the correction/clarification.

    Charles
    All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thank heaven we do not permit a few to impose anarchy.

    "With Anarchy as an aim and as a means, Communism becomes possible."
    --Marxist.org

    "Communism and Anarchy [are], a necessary complement to one another. "
    --PETER KROPOTKIN, "Anarchism: its philosophy and ideal." 1898.

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    Regular Member killchain's Avatar
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    Thank you very much for the info guys.

    I'll be having a good weekend in Utah apparently. Thank again.
    "War is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and patriotic feeling which thinks that nothing is worth war is much worse. The person who has nothing for which he is willing to fight, nothing which is more important than his own personal safety, is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men than himself." -John Stuart Mill

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    I'm headed up there from So Cal on the 18th and I have been brushing up here. Really looking forward to it, a week to open carry without the local LEagencys' boot on the back of my neck. See ya'll next week.

    Defensor

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    So according to the law as long as the car is legally in my possession or I have authorization from the person lawfully in possession of the vehicle I can carry a loaded firearm in the vehicle. I assume though that the firearm must be in an open, visible area if I do not have a concealed carry permit correct? I am planning on traveling to Utah in a few weeks and was curious about open carry. Thanks for all the great information above.

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    totes6 wrote:
    So according to the law as long as the car is legally in my possession or I have authorization from the person lawfully in possession of the vehicle I can carry a loaded firearm in the vehicle. I assume though that the firearm must be in an open, visible area if I do not have a concealed carry permit correct? I am planning on traveling to Utah in a few weeks and was curious about open carry. Thanks for all the great information above.
    The law in Utah allows to carry a HANDGUN loaded or unloaded, open or concealed in any vehicle in which you are in legal possession or have authorization from the person in lawful possession without a concealed firearm permit.

    You may not have a loaded shotgun, rifle or muzzle-loading rifle in a vehicle without a concealed firearm permit.

    Also note the Utah definition of unloaded is two mechanical actions to fire for a pistol, shotgun or rifle; or not capped or primed for a muzzle loading firearm.

    I had left out one relevant code section in my previous post:

    76-10-504. Carrying concealed dangerous weapon -- Penalties.
    (1) Except as provided in Section 76-10-503 and in Subsections (2), (3), and (4), a person who carries a concealed dangerous weapon, as defined in Section 76-10-501, including an unloaded firearm on his or her person or one that is readily accessible for immediate use which is not securely encased, as defined in this part, in or on a place other than the person's residence, property, a vehicle in the person's lawful possession, or a vehicle, with the consent of the individual who is lawfully in possession of the vehicle, or business under the person's control is guilty of a class B misdemeanor.
    (2) A person who carries a concealed dangerous weapon which is a loaded firearm in violation of Subsection (1) is guilty of a class A misdemeanor.
    (3) A person who carries concealed a sawed-off shotgun or a sawed-off rifle is guilty of a second degree felony.
    (4) If the concealed firearm is used in the commission of a violent felony as defined in Section 76-3-203.5, and the person is a party to the offense, the person is guilty of a second degree felony.
    (5) Nothing in Subsection (1) or (2) shall prohibit a person engaged in the lawful taking of protected or unprotected wildlife as defined in Title 23, Wildlife Resources Code of Utah, from carrying a concealed weapon or a concealed firearm with a barrel length of four inches or greater as long as the taking of wildlife does not occur:
    (a) within the limits of a municipality in violation of that municipality's ordinances; or
    (b) upon the highways of the state as defined in Section 41-6a-102.
    Edit: add code citation

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    Thanks for the quick reply and the code citation Rpyne.

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    packingmama wrote:
    ISRAEL wrote:
    This is a good news, I want to go to SLC. ,I live in Boise, and I have a
    As long as you have a permit you are allowed to have a bullet in the chamber or "fully loaded".
    Sidenote: When I travel I read the State Code of that State i am traveling to and find out for myself, because do you think a Cop will care what someone told you, or you can read to him his own State's law.


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    Pete I have to agree with you 100%. That is why I tend to not only read the state statutes, but also print them out if I am going to be traveling. Even when I am staying local to home, I keep a copy of the local laws on hand. You never know when having written proof from the state statute can be very handy. Now of course you could run into two type of "peace officers" the one that will realize that there was just a misunderstanding and let you go on your way. Then you have the others that are irritated that you know more than they do about certain state laws and are going to do everything they can to find something to make your life difficult. You just never know so all you can do is stay polite, hope for the best and avoid trouble as much as possible.

    By the way, I am not a lawyer, this is just my personal opinion.

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    Excellent info here, thanks. One more question: Is Utah a "Your Papers Please" (aka"Stop and Identify") state? That is, am I required to identify myself by name or produce gubbmint-issued picture ID upon demand by law encroachment?

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    Yard Sale wrote:
    Excellent info here, thanks. One more question: Is Utah a "Your Papers Please" (aka"Stop and Identify") state? That is, am I required to identify myself by name or produce gubbmint-issued picture ID upon demand by law encroachment?
    No. The only law authorizing police to "stop and identify" requires that they have reasonable suspicion that a crime is afoot. Even then, they cannot require any more than your verbal response.

    77-7-15. Authority of peace officer to stop and question suspect -- Grounds.
    A peace officer may stop any person in a public place when he has a reasonable suspicion to believe he has committed or is in the act of committing or is attempting to commit a public offense and may demand his name, address and an explanation of his actions.

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