Utah Open Carry - With Permit

[WrongHanded]

I'm having a hard time verifying whether, as a valid CCW permit holder, I can open carry a loaded handgun in Utah. Some sources suggest it is legal, none have suggested it is illegal.

Does anyone happen to know? Maybe a Utah LEO?

Thanks!

 

[MistWolf]

If you have a permit to carry concealed, there is no reason to open carry. Utah recognizes CCWs from all states and counties.

NOTE: IT'S YOUR RESPONSIBILITY TO VERIFY THE FOLLOWING. I'M NOT A LAWYER. I'M JUST A GUY WHO TOOK THE REQUIRED CLASS TO GET A CCW IN UTAH

To answer your question directly, yes, you may open carry a loaded firearm if you have a permit. If you do not have a permit, it must be unloaded. If you do not have a permit, you cannot carry concealed, loaded or unloaded.

You may carry a loaded handgun in your vehicle without a permit. If I understand the statutes correctly, you may not carry a loaded rifle, shotgun or muzzle loader in your vehicle with or without a permit.

Below are the statutes. I'll post the links to the official webpage under the statutes.

76-10-504. Carrying concealed firearm -- Penalties.
76-10-503 and in Subsections (2), (3), and (4), a person who carries a concealed firearm, as defined in Section 76-10-501, including an unloaded firearm on his or her person or one that is readily accessible for immediate use which is not securely encased, as defined in this part, in or on a place other than the person's residence, property, a vehicle in the person's lawful possession, or a vehicle, with the consent of the individual who is lawfully in possession of the vehicle, or business under the person's control is guilty of a class B misdemeanor. (1) is guilty of a class A misdemeanor. 76-3-203.5, and the person is a party to the offense, the person is guilty of a second degree felony. (1) or (2) prohibits a person engaged in the lawful taking of protected or unprotected wildlife as defined in Title 23, Wildlife Resources Code of Utah, from carrying a concealed firearm as long as the taking of wildlife does not occur:41-6a-102.

76-10-505. Carrying loaded firearm in vehicle or on street.
(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. (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.

53-5-704. Bureau duties -- Permit to carry concealed firearm -- Certification for concealed firearms instructor -- Requirements for issuance -- Violation -- Denial, suspension, or revocation -- Appeal procedure.
(2). 53-5-710. 76-10-504(1) and (2), and Section 76-10-505 do not apply to a person issued a permit under Subsection (1)(a).

https://le.utah.gov/xcode/Title53/Chapter5/53-5-S704.html
https://le.utah.gov/xcode/Title76/Chapter10/76-10-P5.html

 

[WrongHanded]

If you have a permit to carry concealed, there is no reason to open carry. Utah recognizes CCWs from all states and counties.


To answer your question directly, yes, you may open carry a loaded firearm if you have a permit. If you do not have a permit, it must be unloaded. If you do not have a permit, you cannot carry concealed, loaded or unloaded.

You may carry a loaded handgun in your vehicle without a permit. If I understand the statutes correctly, you may not carry a loaded rifle, shotgun or muzzle loader in your vehicle with or without a permit.

Below are the statutes. I'll post the links to the official webpage under the statutes.




https://le.utah.gov/xcode/Title53/Chapter5/53-5-S704.html
https://le.utah.gov/xcode/Title76/Chapter10/76-10-P5.html

Thank you very much. The open carry was actually would be for hiking and such whilst wearing a backpack.

 

[MedWheeler]

^^ Sounds like there can be a reason for open-carry after all.

 

[Frank Ettin]

^^ Sounds like there can be a reason for open-carry after all.

There's always a reason for open carry. Sometimes the reason might not be a particularly good one.

Then again, sometimes, as with the OP, the reason can be a good reason.

But this isn't an open carry vs. concealed carry discussion. Anyone interested in that subject can visit this thread. But that subject is to be avoided in this one.

 

[MistWolf]

Open carry in the wilderness is allowed. Concealed carry without a permit is also allowed in the wilderness. When hiking, I carry a handgun concealed, especially on local trails or trails that run through our town.

 

[1911 guy]

There's always a reason for open carry. Sometimes the reason might not be a particularly good one.

Sorry. I know nothing about Utah laws and have nothing of value to contribute. But this made me chuckle. It applies to may things in life. "Sometimes the reason might not be a particularly good one". After spending the last few days dealing with a family member who has dementia and, according to her own opinion, flawless logic and undiminished capability, I needed that laugh. Thank you.

 

[1KPerDay]

Open carry in the wilderness is allowed. Concealed carry without a permit is also allowed in the wilderness.

can you post a source for this info please

 

[WrongHanded]

Just to add a little info:

I called the Utah Highway Patrol to see if I could get an official answer. And automated service gave me a prompt to press a certain number for more information on firearms and carrying them. This led me to a different state agency/office, the name of which I didn't quite catch, but was likely the state's Bureau of Investigations. The departments I was then ping-ponged between are somewhat fuzzy, but I talked some three different people in three different departments. I know one of them was for background checks, but am unsure about the others.

At one point I was told to call the ATF for more information about Utah's carry laws, because "the ATF makes those laws". I'm not even joking, she seriously told me that Utah's firearms laws were written by the ATF!

Eventually I got a hold of someone who informed me that the permit didn't make a difference to open carry. Openly carried firearms still need to be two functions away from firing and cannot have a round in the chamber. When I asked about revolvers, she specifically told me that to legally open carry a 6 shot double action revolver meant having two empty chambers. I asked about open carry whilst hiking and was told, after a pause, that the two functions from firing still applied.

I'm not entirely sure I got the correct information. I did try to view the statutes online before even posting, but I couldn't access them at the time for some reason.

 

[Frank Ettin]

....I'm not entirely sure I got the correct information. I did try to view the statutes online before even posting, but I couldn't access them at the time for some reason.

Another fine example of the difficulty getting good information on firearms laws from a state agency.

As I read the relevant statutes:

1. 76-10-505(1)(b) generally prohibits carrying a loaded gun "on a public street." This would effectively prohibit openly carrying a loaded gun in public.
   
   
2. 76-10-504(1) generally prohibits carrying a concealed gun (unless effectively unloaded and locked up).
   
   
3. But 53-5-704(1)(c) relating to the issuance of concealed firearm permits makes 76-10-504(1) and (2), and 76-10-505 inapplicable to someone with a Utah concealed firearms permit.
   
   
4. And 76-10-523(2) makes 76-10-504(1) and (2), and 76-10-505 inapplicable to someone with a Utah concealed firearms permit or a permit issued by any other State.

I haven't done any research beyond simply reading those statutes and offer no legal advice or opinion regarding the open carry of a loaded gun in Utah.

 

[MistWolf]

can you post a source for this info please

It's in the statutes I posted links to earlier.

 

[MistWolf]

I was told to call the ATF for more information about Utah's carry laws, because "the ATF makes those laws".

As you know, the ATF doesn't "make those laws" for Utah. But it's obvious that Utah uses Federal laws as guidelines.

Eventually I got a hold of someone who informed me that the permit didn't make a difference to open carry.

This is incorrect. With a permit, you can open carry a firearm that's loaded. It's in the statutes I quoted above. I believe this is a recent change.

Openly carried firearms still need to be two functions away from firing and cannot have a round in the chamber. When I asked about revolvers, she specifically told me that to legally open carry a 6 shot double action revolver meant having two empty chambers.

This is true for open carry without a permit.

I asked about open carry whilst hiking and was told, after a pause, that the two functions from firing still applied.

This is incorrect. If it were illegal to open carry a firearm while hiking in a wilderness area (as opposed to hiking a trail that runs through a city or township), one could not hunt with a loaded firearm without a CCW.

Carrying a firearm lawfully in Utah isn't complicated.

 

[Frank Ettin]

As you know, the ATF doesn't "make those laws" for Utah. But it's obvious that Utah uses Federal laws as guidelines....

Really? How so? There no federal carry laws (except re gun free school zones and federal property).

....This is incorrect. With a permit, you can open carry a firearm that's loaded. It's in the statutes I quoted above. ...

You made no effort to show how those statutes supported your conclusion. You just linked to a bunch of statutes saying all sorts of things about a number of topics and left the reader to sort things out. That's sloppy and leads me to believe that you really hadn't read the statutes and really didn't know how, or if, they supported your conclusion.

...This is incorrect. If it were illegal to open carry a firearm while hiking in a wilderness area (as opposed to hiking a trail that runs through a city or township), one could not hunt with a loaded firearm without a CCW.....

That's hardly a decent legal analysis.

 

[MistWolf]

I was not specifically talking about concealed carry laws, I was talking about Utah gun laws in general. If you read Utah law on firearms, such as possession of NFA items, or who can and cannot legally possess firearms, it tends to follow federal law.

If you look in the statutes I posted, it's there. Specifically

76-10-504. Carrying concealed firearm -- Penalties.
(5) Nothing in Subsection (1) or (2) prohibits a person engaged in the lawful taking of protected or unprotected wildlife as defined in Title 23, Wildlife Resources Code of Utah, from carrying a concealed firearm as long as the taking of wildlife does not occur:41-6a-102.
(a) within the limits of a municipality in violation of that municipality's ordinances; or
(b) upon the highways of the state as defined in Section 41-6a-102.

I did not re-quote it because I wanted people to go to the links and read it for themselves and the wife wanted me out the door to go run our errands. Sometimes, it's better to encourage others to fish for themselves.

Whether or not the last is hardly a legal analysis, it's how it was explained to me by CCW instructors and a game warden. As I said earlier, I'm not a lawyer, I'm just a guy who went through the CCW classes.

Did you read anything in the Utah statutes I linked to, or other Utah statute that says otherwise?

 

[Iron Sight]

Some Utah localities / jurisdictions will accept and follow through on a 911 call for disturbing the peace by someone concerned who wonders why someone not normally expected to open carry is displaying a firearm.