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Utah Open Carry Law

Utah Open Carry Law.
Utah Open Carry Law.

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Utah Open Carry Law.
Utah Open Carry Law.

Utah Open Carry Law

Utah gun laws are regarded as permissive however a permit is still required to carry a concealed firearm. Permits are issued to residents and non-residents who are 21 or older, have completed a firearms training course and meet other criteria. There is a provisional permit available for persons aged between 18-21. Applications are processed at the state level by the Bureau of Criminal Identification. Open carry of unloaded firearms is legal without a permit.

Utah Concealed Carry Permit

Requirements

Standard Permit
• Must be at least 21 years of age.
• Proof of good character.
• Completed a firearms familiarity course certified by BCI.
• Has not been convicted of a felony.
• Has not been convicted of any crime of violence.
• Has not been convicted of any offense involving the use of alcohol.
• Has not been convicted of any offenses involving the unlawful use of narcotics or other controlled substances.
• Has not been convicted of any offenses involving moral turpitude.
• Has not been convicted of any offense involving domestic violence.
• Has not been adjudicated by a court of a state or of the United States as mentally incompetent, unless the adjudication has been withdrawn or reversed.
• Is qualified to purchase and possess a firearm.

Provisional Permit

Persons aged between 18–21 can obtain a provisional permit. Apart from the age, the requirements are the same as those for a standard permit. These permits are also issued to non-residents. However, there are a number of states that will not honour the provisional permit as the required age to carry concealed is 21 in these states.

Utah CCW Reciprocity

How Reciprocity Works in Utah
• The state of Utah will honour all other state permits.
• There are 36 states that honour the standard Utah CCW permit.
• However, 6 of these states will only honour a Utah residential permit.
• And 19 states will not honour the Utah Provisional permit.

Standard & Provisional Permits

There are two types of permits in Utah, a Standard Permit and a Provisional Permit, the later being issued to persons aged between 18 – 21. Some states will not accept both these permits due to the low age requirements on the Provisional Permit. The standard permit is very popular for non-residents as it allows them to travel in 30 states with a handgun. For a full list of what permits a state will accept please look at the official reciprocity list.

Utah Non-Resident CCW

Utah Permits for Non-Residents

For people living in restrictive states like California the Utah Non-Resident permit has become a popular choice. It cannot be used in California but if you travel interstate regularly then it will allow you to carry in currently thirty other states.

Training

One of the conditions to obtain a CCW permit is that you attend a firearms training course with a Utah certified instructor. There is no need to travel to Utah as these courses are widely available in other states. There are currently 178 Utah certified instructors in California alone. A full list of Utah certified instructors is available on the state website.

Utah: Places Off-Limits for CCW

Places Off-Limits in Utah
• Any courthouse
• Any secure area in which firearms are prohibited
• Mental health facility
• Correctional facility
• Church or house of worship that has given notice firearms are prohibited
• Church of Jesus Christ of Latter-day Saints
• Congregation of Kol Ami
• Secure area of airport
• Any place where the carrying of firearms is prohibited by Federal Law.
Places Allowed in Utah
• State parks
• State and national forests
• Road side rest areas
• Vehicle
• All areas of the state – except those listed as Off-Limits

Utah Open Carry

With a CCW permit

With a Utah concealed carry permit you can openly carry a fully loaded firearm anywhere in Utah that is not listed as Off-Limits. When open carrying a firearm the places listed as Off-limits still apply.

Private Gun Sales

Utah does not require background checks on private handgun or long gun sales. The buyer must be at least 18 years old. Any person who transfers an automatic weapon, sawed-off rifle or sawed-off shotgun to a minor in violation of state or federal laws is guilty of a felony in the third degree. If a person is 18 or older and can legally possess a firearm then vehicle carry is legal if the vehicle is in the person’s lawful possession, or the person is carrying the loaded firearm in a vehicle with the consent of the person lawfully in possession of the vehicle. If you do not have a permit then you must carry an unloaded firearm outside any vehicle. Without a permit, you can only open carry a handgun if it is unloaded (no bullet in the chamber, but can have a full magazine) and at least two actions from being fired. As an example;
• Rack the slide to chamber,
• Then pull the trigger

If you have a permit then open carry with a loaded firearm is legal. Utah gun laws do not require you to inform law enforcement you are carrying a firearm. There is also no requirement to carry a permit. Nothing in Utah law prevents a person from carrying a concealed handgun in a bar or restaurant where alcohol is being served. You should be aware though that it is a crime to be in possession of a firearm if you are intoxicated. Intoxication levels are based on those used for driving a vehicle. “No Weapons” signs under Utah gun laws have no force of law unless they are posted in areas that are mentioned by the law as being off limits. The law specifically mentions “places of worship” and “private residences”. If any of these places has posted a “No Weapons” sign then it is illegal to enter. A place of business is not mentioned in the law so it would be legal to enter a posted business although we do not recommend that.

Off-Limits Statutes

A person, including a person licensed to carry a concealed firearm pursuant to Title 53, Chapter 5, Part 7, Concealed Weapon Act, after notice has been given as provided in Subsection that firearms are prohibited, may not knowingly and intentionally:
(a) transport a firearm into:
• a house of worship; or
• a private residence; or
(b) while in possession of a firearm, enter or remain in:
• a house of worship; or
• a private residence.
Notice that firearms are prohibited may be given by:
(a) personal communication to the actor by:
(i) the church or organization operating the house of worship;
(ii) the owner, lessee, or person with lawful right of possession of the private residence; or
(iii) a person with authority to act for the person or entity in Subsections (2)(a)(i) and (ii);
(b) posting of signs reasonably likely to come to the attention of persons entering the house of worship or private residence;
(c) announcement, by a person with authority to act for the church or organization operating the house of worship, in a regular congregational meeting in the house of worship;
(d) publication in a bulletin, newsletter, worship program, or similar document generally circulated or available to the members of the congregation regularly meeting in the house of worship; or
(e) publication: in a newspaper of general circulation in the county in which the house of worship is located or the church or organization operating the house of worship has its principal office in this state; and
Utah Concealed Carry Permit Application Process
How to Apply for a Utah Concealed Carry Permit
• Complete a firearms-familiarity course certified by the Bureau of Criminal Identification (BCI).
• Download and complete the application.
• Have fingerprints taken at the BCI or through your local law enforcement agency.
• Have a passport-quality photograph taken at the BCI or other provider.
• Submit your completed application through the mail or in person to the BCI along with the following:
• Photocopy of driver’s license;
• Passport-quality photograph;
• If you reside in a state that recognizes the validity of the Utah CFP or has reciprocity with Utah, you must obtain a CFP or CCW from your home state and submit a copy of it. This does not apply if your state does not recognize the Utah permit;
• Fingerprint card; and
• Weapon-familiarity certificate.
• You will be notified by mail if your application has been approved.

Utah issues provisional concealed firearms permits to residents and non-residents who are 18-20 years old. The requirements for the Provisional CFP are the same as the standard CFP, and the same application is used by applicants for either permit. Provisional CFPs expire on the holder’s 21st birthday and, in order to change over to a standard permit after age 21, a complete application, including fingerprints, photo and fees must be submitted. One important note is that the Provisional CFP does not allow the holder to carry in primary and secondary schools per UCA 53-5-710(2).

Open Carry | No Permit Required

It is LEGAL to open carry a firearm without a concealed firearm permit if;
• You are at least 18 years old
• You are not a prohibited person as defined in 76-10-503 or 18 U.S.C. 922(g)
• The firearm is visible at all times
• The firearm is statutorily unloaded as described below
• You are not in a state prohibited area or federal prohibited area
Semi-Automatic Handgun:
• Fully loaded magazine inserted, but cannot have a round in the firing position (chamber).
• Must have two actions to fire;
• Rack the slide to load a round from the magazine into the chamber.
• Press the trigger to fire the round.
A “thumb”, “grip”, “trigger” or any other type of safety is not considered a mechanical action.
Double Action Revolver:
• Must have two empty chambers. It cannot have a round in the firing position (chamber) behind the barrel and the next chamber must also be empty. Ensure you know which way the cylinder rotates as some turn clockwise, others turn counter clockwise.
• Must have two actions to fire;
• Pressing the trigger once will rotate the cylinder with empty chamber #1 and place empty chamber #2 in line with the barrel.
• Pressing the trigger a second time will rotate the cylinder with empty chamber #2 and position a loaded chamber in line with the barrel which fires the round.
Concealed firearm permit holders can open carry, with the firearm fully loaded (round in the chamber)
Utah laws only refer to a minor in possession of a handgun in 76-10-509.4.
It is LEGAL to carry a loaded and concealed firearm without a concealed firearm permit;
• In your residence (your home) including any temporary residence (hotel) or camp (including the tent) and on your real property. See the law for Innkeeper’s rights below.
• In your vehicle or in a vehicle with the owner’s consent.
• In your business or business under the person’s control.
To carry a loaded or concealed firearm in any location not listed above, you must have a valid concealed firearm permit issued by any state. Even if you have a concealed firearm permit, you cannot carry a concealed firearm in any state prohibited area or federal prohibited area. Prohibited areas do not include businesses that post “No Weapon” or “No Firearms” signs It is illegal and punishable as a class B Misdemeanor to carry a loaded firearm on a public street or in a posted prohibited area without a valid concealed firearm permit as described in 76-10-505.
Laws
• The individual right to keep and bear arms being a constitutionally protected right, the Legislature finds the need to provide uniform laws throughout the state. Except as specifically provided by state law, a citizen of the United States or a lawfully admitted alien shall not be: prohibited from owning, possessing, purchasing, selling, transferring, transporting, or keeping any firearm at his place of residence, property, business, or in any vehicle lawfully in his possession or lawfully under his control; or required to have a permit or license to purchase, own, possess, transport, or keep a firearm.
• This part is uniformly applicable throughout this state and in all its political subdivisions and municipalities. All authority to regulate firearms shall be reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities. Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact or enforce any ordinance, regulation, or rule pertaining to firearms.

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