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Utah loaded open carry

Discussion in 'Legal' started by spyke, Jun 21, 2010.

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  1. spyke

    spyke Member

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    Does anyone know if loaded open carry is allowed in Utah without a permit while in backcountry hiking trails? The statute states that loaded carry is prohibited while on a public street. Are hiking trails considered public streets?
     
  2. 1KPerDay

    1KPerDay Member

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    not to my knowledge but I ain't a lawyer. As long as your gun is carried visible in a holster I believe you're fine. If concealed you must have a CCW permit.

    disclaimers, etc.
     
  3. mljdeckard

    mljdeckard Member

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    Pretty much the only place you must carry unloaded is in a municipality if you don't have a permit. However, the recent change to national parks might be grey area that rangers would argue over.

    The obvious solution is to get a permit and not worry about it.
     
  4. mljdeckard

    mljdeckard Member

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    The truth is, the law is a bit fuzzy. (I recently started a thread on this.) If you don't have a permit, and you are carrying in a town or city, it may not be concealed and it may not be loaded.

    The fuzzy part is on what "Loaded" means. There are two sections in the code. The first section says that there may not be a round in the firing position. The second section says there must be two mechanical functions required to fire the gun. (Switching off the safety does not count.) It's easy for an auto, you don't have a round chambered. For a revolver, it depends on how strictly you interpret the law. I SAY, the chamber behind the barrel is NOT the firing position IF the hammer is down. The reason being, it is impossible for this round to fire, since cocking the hammer rotates the NEXT chamber into the position behind the barrel. Meaning, if the chamber AFTER the one behind the barrel is empty, the gun is unloaded. BUT, let's be perfectly honest here, if you take your chances and keep the one under the hammer loaded and the next one empty, you are at the mercy of whatever cop checks you and what HE thinks the 'firing position' is. He may well think that it's the firing position if it's behind the barrel, no matter what. (Even if it's physically impossible for that round to fire.) He would send you before a judge who knows even LESS about guns. TWO chambers empty, the one under the hammer AND the next chamber, would satisfy the most cautious interpretation of the law. Yes, that means four rounds in a six-shooter and three in a five shooter. I know.

    Not sure where you live or how much time you have, but normal turnaround for a Utah permit is 60 days, and you don't have to be a resident. Just sayin'.
     
  5. spyke

    spyke Member

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    I am familiar with the whole utah unloaded thing. Seems very silly to me. Why carry a gun if it is not ready to fire? I wish they would more clearly define public street in the code. I just would like to be able to be armed when I am hiking in the mountains. I wish it was not such a grey area.
     
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