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Thread: Specific law for open carrying

  1. #1
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    Hi I am sorry this is a stupid question and everyone should know it but I have been looking for a few hours now in my code book and still have not found the law that states you can carry fully loaded(one in the pipe) while open carrying with a concealed carry permit. Any help would be much appreciated

    "The difference between an American and the rest of the world, is that we would rather die on our feet, than live on our knee's"

  2. #2
    State Researcher Kevin Jensen's Avatar
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    Lawman635 wrote:
    I have been looking for a few hours now in my code book and still have not found the law that states you can carry fully loaded(one in the pipe) while open carrying with a concealed carry permit.
    That's because there is no such law. Generally, laws are restrictive, not permissive.

    For this one, you need to see what is unlawful, and work backwards from there. Guilty until proven innocent. :?

    Below is the code that makes loaded firearms unlawful on public streets. Since "public street" is not defined, many interpret this to mean "public".


    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.


    Notice that this law makes no mention of concealed or open carry. Since concealed carry is unlawful without a permit, one would gather that this equals unloaded open carry.

    Now, if one does have a permit, the this next law comes into play.


    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.



    This part in red states that if you have a permit (from nearly anywhere) then you are no longer breaking the "loaded firearm" law, or the law that criminalizes concealed carry. It does not mandate concealment, so one should come to the conclusion that loaded open carry with a permit is lawful.

    My opinion is that it is lawful anyways, aside from those pesky "public streets" and "school zones". :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

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