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Thread: Utah CCW, Utah Code 53-5-704, Public Safety Code, Regulation of Firearms, Bureau Duti

  1. #1
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    Utah CCW, Utah Code 53-5-704, Public Safety Code, Regulation of Firearms, Bureau Duti

    Considering the pervasive problem with alcohol in Wisconsin...

    http://le.utah.gov/~code/TITLE53/htm/53_05_070400.htm

    53-5-704. -- Denial, suspension, or revocation -- (2) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if the applicant or permit holder: (iii) has been or is convicted of an offense involving the use of alcohol;

    Discussion in Utah forum http://forum.opencarry.org/forums/sh...e&goto=newpost
    Last edited by Doug Huffman; 07-16-2010 at 01:40 PM.

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    Regular Member jpm84092's Avatar
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    Utah Law

    Utah considers that if you are irresponsible with alcohol, you will be irresponsible with a firearm. So does every other State that grants Concealed Carry Permits. Get used to it.

    The prohibition in Utah is not absolute though. If you have extenuating circumstances or have gotten help for an alcohol problem, and can prove it, you can apply to the Utah BCI for an official "expungement" of the offense relative to Utah law. In any event, if you apply for a Utah permit as a non-resident, and Utah finds out about an alcohol offense (especially DUI, a felony in Utah, or going armed while intoxicated), forget about ever getting a Utah permit.

    Having said that, I used to live in WI (moved 18 months ago) and I and many of my friends applied for and got Utah non-resident permits. They are good in 3/5 of the USA. Utah permits held by non-residents are not good in Michigan, Florida, New Hampshire, or Colorado. These States honor the Utah permit, but only if you are a resident.

    You can take the training in WI and apply by mail. Utah is a "shall issue" state.

    http://publicsafety.utah.gov/bci/concealedfirearms.html

    Utah publishes a list of out-of-state instructors authorized to conduct training for the Utah CFP.

    Jim

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    When seconds count, the police are minutes away.

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    South Carolina's Law Abiding Citizens Self-Defense Act of 1996

    Quote Originally Posted by jpm84092 View Post
    Utah considers that if you are irresponsible with alcohol, you will be irresponsible with a firearm. So does every other State that grants Concealed Carry Permits. Get used to it.
    Maybe you mean almost every other State. I surrendered my South Carolina Concealed Weapons Permit when I moved to Wisconsin. I was 'used to it', having carried under it for about ten years.

    Here is a link to South Carolina's Law Abiding Citizens Self-Defense Act of 1996 , Title 23, Chapter 31, Section 205
    http://www.scstatehouse.gov/code/t23c031.htm

    Here are the relevant portions on denials and certifications:

    Quote Originally Posted by 23-31-215(B)
    Upon submission of the items required by subsection (A) of this section, SLED must conduct or facilitate a local, state, and federal fingerprint review of the applicant. SLED must also conduct a background check of the applicant through notification to and input from the sheriff of the county where the applicant resides or if the applicant is a qualified nonresident, where the applicant owns real property in this State. The sheriff within ten working days after notification by SLED, must submit a recommendation on an application. Before making a determination whether or not to issue a permit under this article, SLED must consider the recommendation provided pursuant to this subsection. The failure of the sheriff to submit a recommendation within the ten-day period constitutes a favorable recommendation for the issuance of the permit to the applicant. If the fingerprint review and background check are favorable, SLED must issue the permit.
    No explicit mention of alcohol.
    Quote Originally Posted by 23-31-215(F)
    The permit application form shall require the applicant to certify that: (1) he is not a person prohibited under state law from possessing a weapon; ...
    No explicit mention of alcohol.

    Section:23-31-400, ARTICLE 6. USING A FIREARM WHILE UNDER THE INFLUENCE OF ALCOHOL OR A CONTROLLED SUBSTANCE regulates the use of a firearm while under the influence of alcohol but does not itself deny a Concealed Weapons Permit.
    Last edited by Doug Huffman; 07-16-2010 at 07:22 PM.

  4. #4
    McX
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    i'm cheap, and quick and went with penn. non-res. kid too. goes where i might venture in a dream. the others are nice, but too pricey.

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    Regular Member jpm84092's Avatar
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    Erratum

    Mr Huffman, I stand corrected on South Carolina CCW law. I have spent considerable time on the SLED website and never noticed that. I did note that if I purchase property in SC and have paid taxes in SC, I am a "resident" for the purposes of CCW issue. (I noted the form proving the ownership of property must be signed by the taxing authority.)

    McX - The PA permit is cheap ($26 from Centre County), but a Utah Permit ($62.50) or Florida Permit ($117) cover more States.

    "Gun control is the belief that a woman raped and lying dead in an alley strangled with her own pantyhose is somehow morally superior to the same woman explaining to the police how her attacker got that fatal gunshot wound to the chest." (Borrowed from another forum.)

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    Quote Originally Posted by jpm84092 View Post
    I have spent considerable time on the SLED website and never noticed that.
    That is exactly seeking legal advice from the cops. Their purpose is not to protect your interests. South Carolina State Statutes are at http://www.scstatehouse.gov/code/statmast.htm

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