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Thread: quick question about open carry with out of state permit

  1. #1
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    quick question about open carry with out of state permit

    I am moving to utah from AZ. I have a valid permit in arizona and in alabama. Can I legally open carry in utah, and if so what restrictions should I know about?

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    Quote Originally Posted by zx-twitch View Post
    I am moving to utah from AZ. I have a valid permit in arizona and in alabama. Can I legally open carry in utah, and if so what restrictions should I know about?
    Utah recognizes your OTHER permits. As such you may carry legally Open or Concealed, Loaded or Unloaded ANYWHERE in the state EXCEPT for secure areas of jails, prisons, mental health facilities, Courthouses and airports. Current UTAH GFSZ law restricts carry at k-COLLEGE (within 1000 feet )EXCEPT for permit holders. Remember current Federal GFSZ law restricts carry within 1000 feet of any K-12 school except for those with a permit issues by the same state in which the school is located.

    Currently a couple of the PUBLIC colleges and Universities (UVU and UofU) are threatening to give Disturbance type citations to persons OPEN Carrying within 1000 feet of the campus. They don't like it but are not giving greif to legal Concealed carriers at these locations.

    Also, it is an INFRACTION to carry a firearm within an LDS church or a residence in which the owner has either posted a sign or verbal informed you.

    And finally, I am not a lawyer. I do not give legal advise and I have not given you legal advise. It is incumbent upon you to verify to your satisfaction the accuracy of my opinion of what the law allows/requires.

  3. #3
    Regular Member jpm84092's Avatar
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    Cool Simple Solution - Get a Utah Permit

    Quote Originally Posted by zx-twitch View Post
    I am moving to utah from AZ. I have a valid permit in arizona and in alabama. Can I legally open carry in utah, and if so what restrictions should I know about?
    Why not just get a Utah permit? It is cheap and easy.

    Many people interpret the Federal GFSZ law as only exempting those who have been issued a permit by the State in which the GFSZ lies. However, when a formal written CFP Permit reciprocity agreement exists, the matter is a bit more blurred - and even more blurred in that Utah "recognizes" any other valid permit.

    At CFP Instructor School, the way the UHP Instructors put is was "this matter has not yet been tested in the courts". - Thus, one more reason for a Utah permit. Utah's Castle Doctrine extends to your vehicle, but you could unwittingly step out of that vehicle and onto a Federal GFSZ without even knowing it. I do not know about you, but I would not want to be the "test case".

    When you get to Utah, PM me. I have been known to give the course to forum members who buy me lunch at Braza Grill in SLC.

    And, like the post above, I am not a lawyer and do not play one on TV. I have not given you legal advice, but suggesting that somebody get a Utah CFP is just "good advice".
    Last edited by jpm84092; 01-16-2011 at 01:07 PM.
    My cats support the Second Amendment. NRA Life Member, NRA Instructor: Pistol, Rifle, & Personal Protection - NRA Certified Range Safety Officer, Utah BCI Certified Concealed Firearm Permit Instructor.
    "Permission Slips" from Utah, Pennsylvania, Nevada, Arizona, and Florida. _ Verily, thou shalt not fiddle with thine firearm whilst in the bathroom stall, lest thine spouse seek condolences from thine friends.

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    Regular Member oldbanger's Avatar
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    the OP says he is moving to Utah, I think he is asking if he can OC until he has established residency.

    Quote Originally Posted by jpm84092 View Post
    Many people interpret the Federal GFSZ law as only exempting those who have been issued a permit by the State in which the GFSZ lies. However, when a formal written CFP Permit reciprocity agreement exists, the matter is a bit more blurred - and even more blurred in that Utah "recognizes" any other valid permit.
    but suggesting that somebody get a Utah CFP is just "good advice".
    "Official letter from the Bureau of Alcohol Tobacco Firearms and Explosives (BATFE) to a concealed carry permit holder stating that concealed carry reciprocity agreements between States do not exempt a permit holder from the Federal Gun Free School Zones Act of 1995 outside of the State that physically issued the permit."

    http://en.wikipedia.org/w/index.php?...ccw.pdf&page=1
    Last edited by oldbanger; 01-16-2011 at 06:57 PM.

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    Thanks for the help everyone. I am planning on getting my utah permit once I get settled. I have a job that requires alot of travel, so I have a permit in more and more states. I know most recognize each other but when in rome. on a side note we have decided to call eagle mountain home. can any one recommend a good shooting range in my area?

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    Regular Member jpm84092's Avatar
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    Quote Originally Posted by oldbanger View Post
    the OP says he is moving to Utah, I think he is asking if he can OC until he has established residency.



    "Official letter from the Bureau of Alcohol Tobacco Firearms and Explosives (BATFE) to a concealed carry permit holder stating that concealed carry reciprocity agreements between States do not exempt a permit holder from the Federal Gun Free School Zones Act of 1995 outside of the State that physically issued the permit."

    http://en.wikipedia.org/w/index.php?...ccw.pdf&page=1
    Yes, I am aware of the BATFE letter. It is widely quoted in many forums. However, I believe the position taken by the BCI Instructors at CFP Instuctor School sums it up when they said that despite the BATFE letter, BATFE are not lawyers and the question "has not been tested in the courts". The letter might have marginally more "force of law" if issued by the US Attorney General, but again, it would be up to a "court of competent jurisdiction" to set enforcement precedent. An opinion by BATFE does not constitute "enforcement precedent".

    Now, I for one, do not want to be that test case. When and if such a case does come before a "court of competent jurisdiction", the main question will be either 1) Legislative Intent, or 2) Constitutionality of the federal statute as taken in context of agreements made between officials of the respective States.

    Please note that in my original post, I did not say it was legal to carry a firearm within a Federal GFSZ on the strength of a permit issued by a State other than that in which the GFSZ lies, I said the reality of reciprocity and recognition made the question murky and "has not yet been tested in the courts".

    Disclaimer: I am not a lawyer and do not play one on TV.
    My cats support the Second Amendment. NRA Life Member, NRA Instructor: Pistol, Rifle, & Personal Protection - NRA Certified Range Safety Officer, Utah BCI Certified Concealed Firearm Permit Instructor.
    "Permission Slips" from Utah, Pennsylvania, Nevada, Arizona, and Florida. _ Verily, thou shalt not fiddle with thine firearm whilst in the bathroom stall, lest thine spouse seek condolences from thine friends.

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