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Thread: Loaded open carry while in backcountry

  1. #1
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    Does anyone know if loaded open carry while in back country or on hiking trails is legal without a permit?The statute specifies no loaded carry on public streets. Are back country trails considered public streets?

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    Regular Member thx997303's Avatar
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    From what I have seen, that depends on the judge.

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    oh no. Not what i wanted to hear ha ha.

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    Regular Member Kingfish's Avatar
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    Welcome to the board Spyke.

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    Regular Member LovesHisXD45's Avatar
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    thx997303 wrote:
    From what I have seen, that depends on the judge.
    I thought they taught people to read in elementary school. Where do these judges come from? lol

    Kevin
    If it isn't broke, then don't fix it, or you'll fix it until it's broke.

  6. #6
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    I, for one, would not consider a back country trail a "public street". Nor would I expect most back country peace officers to do so. One possible exception might be a DWR officer if you happened to be carrying during some hunting season but did not have a permit to carry nor a tag to hunt.

    Technically, there are any number of dirt roads that are "public streets" but I would not expect most officers to hassle someone for carrying loaded and open without a permit while hiking along or crossing such a back country dirt road. On the flip side, while most parking lots and businesses are not public property, I would not be surprised to see some cops and even some prosecutors try to make the case that they fall under the definition of "public streets" for the purpose of outlawing permit-free possession of a loaded gun.

    Remember that your camp is a temporary habitation and within your camp you can carry however you like without a permit. Also if you are on or in your vehicle you can carry a handgun fully loaded and/or concealed without needing a permit. Be careful getting off or stepping out of your vehicle if the gun is on your person.

    Charles
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    "With Anarchy as an aim and as a means, Communism becomes possible."
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    Carrying Loaded on Hiking Trails

    I've openly carried loaded on hiking trails all over Southern Utah. I've carried in the Boulder Mountains, Dixie National Forrest, Manti-Lasal National Forest and Fishlake National Forest. I've only had positive encounters. In the Boulder Mountains I've seen multiple other people carrying a big revolver (that's bear country). I've even carried a youth model 20-gauge strapped to my back (with slugs) when I've stayed multiple days in the back country.

    Keep in mind its legal to hunt Jackrabbits and Coyotes year round in Utah... If some irate DWR officer (unlikely) gives you trouble in a very rural area just tell him your hunting Jackrabbits/Coyotes. In my experience... DWR officers are probably the most gun-friendly people in the state. Some of the ones in Southern Utah are the most logical and reasonable LEO's I know. I had one help me on a car accident (DWR officer's have full LEO privileges) and he was great. I was carrying my Kimber 1911 the entire time. He was more impressed by my gun selection, than he was worried about me possessing it... He kept going on and on about how much he liked my gun.
    Last edited by combatcarry; 06-28-2010 at 07:36 PM.

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    Not sure if could use the whole hunting excuse in most of the places i go hiking. MOstly up the canyons in Davis and Salt lake counties. I wonder if there is someone official I could call to get clarification on the law. I doubt it though. I would get a different answer from different people im sure.

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    Regular Member redreed's Avatar
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    I would be inclined to say "No". It is not a public street.

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    I am planning on hiking to kings peak in Utah, and am wondering if it is legal for an out of stater to OC on the trail.

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    State Researcher Kevin Jensen's Avatar
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    That depends on your permit status. Do you have a permit from ANY State or County? IF so, carry however you please.

    If you have no permit, the "safe" bet is to carry with no round in the chamber.

    I personally don't feel like it's a public street but since it is not defined, and like THX said long ago, it's up to a judge to decide.
    "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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    Regular Member JerL's Avatar
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    "it's up to a judge to decide."

    I have to disagree with this statement. If charged we have the right to trial by jury, and we the people have the final say on the law. We can decide if the law is a valid, we the jury can nullify the laws that are passed by our law makers. We are the final check and balance to the nonsense that those we hire to represent us and write our laws. How many times have you seen someone be charged for something stupid, because of a draconian law. That is where jury nulification comes into play. We are to judge the facts of a case brought before us, we are also to judge the law itself.

    For more info on Jury Nullification:http://www.isil.org/resources/lit/history-jury-null.html
    Speak the truth, even if your voice shakes!

  13. #13
    Regular Member hermannr's Avatar
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    What are you guys talking about? I though Utah was a gun (OC) friendly state? If there is any place the anti's would overlook it would be in the wilderness wouldn't it???

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