Unveiling Open Carry in Utah: Know Your Responsibilities

For individuals who are at least 21 years old and are not prohibited from possessing guns under the definitions specified in 76-10-503 or 18 U.S.C. 922(g), the following rules apply:

It is permissible to carry a legally owned firearm, fully loaded and concealed, without the need for a concealed firearm permit, as long as the person is in compliance with Constitutional Carry.
In the other 24 states that have Constitutional Carry, it is permitted to carry a firearm, subject to any age restrictions and the laws of the respective state.
It is illegal to possess or carry a firearm in areas designated as Utah Prohibited Areas, Federal Prohibited Areas, or Indian Reservations.
Unless the individual possesses a valid Utah concealed firearm permit, it is illegal to carry a firearm on school premises.
It is illegal to have a loaded rifle, shotgun, or muzzle-loading rifle in a vehicle, unless the person has a valid concealed firearm permit and either owns the vehicle or has consent from the owner.

This means that only a loaded handgun is allowed in a vehicle.

On the other hand, for individuals who are under 21 years old and are not prohibited from possessing guns as defined in 76-10-503 or 18 U.S.C. 922(g), the following rules apply:

It is permitted to openly carry an unloaded firearm if the person is at least 18 years old.
The firearm must be visible at all times.
The firearm must be unloaded as prescribed by statutory regulations.
If the person is at least 18 years old and not prohibited from possessing guns as defined in 76-10-503 or 18 U.S.C. 922(g), it is permitted to carry any legally owned firearm, fully loaded and concealed, without a concealed firearm permit, as long as the person meets the specified criteria.
Individuals are permitted to possess and carry guns within their residence, including temporary residences such as hotels, campsites (including tents), and on their own real property. These locations are considered safe for firearm possession.
Firearms can be carried in a vehicle, either owned by the individual or with the owner’s consent. However, it’s important to note that this provision applies only to handguns. Other types of guns are subject to different regulations.
Firearms can be carried in one’s business or a business under the person’s control. The term “control of a business” is not specifically defined in Utah law, but it generally refers to having the authority to manage and influence the policies of a person or entity. This can be through ownership of voting securities, contractual agreements, or other means. It typically applies to members of organizations or employees with significant decision-making power.
While engaged in hunting activities, individuals are allowed to carry guns as long as they are outside the boundaries of municipalities (cities) and not on any highways (roads).
On-duty armed private security officers with a valid armed private security officer license are authorized to carry guns.
Individuals who are at least 18 years old but under 21 years old must obtain a concealed firearm permit to carry a loaded or concealed firearm in any manner not covered by the previous provisions. More information on obtaining the provisional concealed firearm permit can be found by following the provided link.

Laws

In accordance with the protection of the individual right to keep and bear arms, the Legislature recognizes the importance of implementing uniform laws throughout the state. Unless stated otherwise by state law, a citizen of the United States or a lawfully admitted alien shall not be:

(a) Prohibited from owning, possessing, purchasing, selling, transferring, transporting, or keeping any firearm at their place of residence, property, business, or in any vehicle lawfully in their possession or control;

(b) Required to possess a permit or license to purchase, own, possess, transport, or keep a firearm.

These regulations apply uniformly across the state, including all its political subdivisions and municipalities. The authority to regulate guns is reserved exclusively for the state, except in cases where the Legislature specifically delegates responsibility to local authorities or state entities. Unless authorized by statute, local authorities or state entities are prohibited from enacting or enforcing any ordinances, regulations, or rules concerning firearms.

Definitions

As used in this legislation:

Definitions

As used in this legislation:

(3)(a) “Concealed firearm” refers to a firearm that is concealed, hidden, or secreted in a manner not apparent to the public, yet readily accessible for immediate use.

(b) A firearm that is unloaded and securely encased is not considered a concealed firearm under this legislation.

When a Weapon is Deemed Loaded

For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this legislation is considered loaded. When a bullet, shell, or cartridge that hasn’t been shot is placed so that firing it with any mechanism would be possible, a pistol or revolver is also considered loaded. Additionally, when a muzzle-loading weapon is primed or capped, has a powder charge, and has balls or shot in the barrels or cylinders, it is deemed to be loaded.

The carrying of a loaded and concealed firearm in one’s home, on one’s property, in one’s automobile, in a car with the owner’s permission, in one’s place of business, or if one is in control of that business is not subject to the requirement of a concealed firearm permit, according to subsection (1). Subsection (5) states that a concealed firearm permit is not needed for carrying a loaded and concealed firearm while hunting, as long as the individual is outside city limits and not on any road.

According to Section 76-10-523, certain individuals are exempt from weapons laws, including United States marshals, federal officials required to carry a firearm, peace officers, law enforcement officials, judges, court commissioners, and common carriers transporting guns as merchandise. However, the provisions of Section 76-10-528 still apply to individuals listed in Subsection (1) who are not employed by a state or federal agency or political subdivision that has established policies regarding the use of dangerous weapons.

Subsections 76-10-504(1) and (2), and Section 76-10-505 do not apply to individuals who have been issued a concealed firearm permit pursuant to Section 53-5-704 or by another state or county, nor to a person issued a protective order under Subsection 78B-7-106(1)(b) or 78B-7-404(1)(b) unless they are a restricted person as described in Subsection 76-10-503(1), for a period of 120 days following the issuance of the protective order.

Furthermore, Subsections 76-10-504(1) and (2), and Section 76-10-505(1)(b) do not apply to individuals aged 21 years or older who are otherwise lawfully allowed to possess a firearm.

According to section 29-2-103, an innkeeper, who is the proprietor or designated employee of a lodging establishment, has the right to refuse accommodations to any person reasonably believed to be carrying property that could endanger others, including guns or explosives.

Definitions under section 29-2-102 clarify that an “innkeeper” refers to the proprietor or designated employee of a lodging establishment, while a “lodging establishment” encompasses various temporary sleeping accommodations open to the public, such as bed and breakfast establishments, boarding houses, hotels, inns, lodging houses, motels, resorts, and rooming houses.

The purpose of this law is to ensure uniformity and consistency in the application of firearm regulations throughout the state, encompassing all political subdivisions and municipalities. While the state holds the authority to regulate firearms, it may delegate certain responsibilities to local authorities or state entities through specific legislative measures. Unless authorized by the legislature, local authorities or state entities are prohibited from enacting or enforcing any ordinances, regulations, or rules related to guns.

Clarification of the circumstances under which a weapon is judged to be loaded is provided in Section 76-10-502. When a cartridge, shell, or projectile is not yet expended and is in the firing position, a firearm—including a pistol, a revolver, a shotgun, a rifle, or other designated weapon—is said to be loaded. The term covers situations involving handguns and revolvers in which a bullet, shell, or cartridge that hasn’t been shot yet is in a place where it can be launched manually with only one motion. For muzzle-loading firearms, a powder charge, a ball, or shot must be present in the barrel or cylinders and they must be primed or capped in order to be considered loaded.

Penalties for carrying a hidden handgun against the law are described in Section 76-10-504. A class B misdemeanor is defined as a person carrying a concealed firearm, as defined in Section 76-10-501, including an unloaded firearm that is easily accessible for immediate use and is not securely encased, outside of their home, property, a vehicle that is in their legal possession, a vehicle that they have permission to use, or a place of business that they are in charge of. A class A misdemeanor is committed if a loaded handgun is carried covertly. It is a second-degree felony to carry a short-barreled shotgun or rifle that is illegally in your possession hidden.

Subsection (5) of the law provides exemptions for individuals engaged in lawful hunting activities. It states that individuals who are lawfully hunting outside the limits of a municipality and away from any highways are not required to obtain a concealed firearm permit to carry a loaded and concealed firearm.

Section 76-10-523 lists several categories of individuals who are exempt from weapons laws. These include United States marshals, federal officials mandated to carry firearms, peace officers, law enforcement officials, judges, court commissioners, and common carriers involved in the regular transport of guns as merchandise. However, even for these exempt individuals, Section 76-10-528 still applies unless they are employed by a state or national agency that has established policies or rules concerning the use of dangerous weapons.

Subsections 76-10-504(1) and (2), as well as Section 76-10-505, provide further exemptions from certain requirements of the law. Subsection (1) exempts individuals who have been issued a valid permit to hold an undetected firearm under Section 53-5-704 or by another state or county. Subsection (2) stipulates that individuals who have obtained a defensive order under Subsection 78B-7-106(1)(b) or 78B-7-404(1)(b) are also exempt from the conditions of Sections 76-10-504(1) and (2), and 76-10-505, unless they are classified as limited persons under Subsection 76-10-503(1). These exemptions apply for a period of 120 days from the date the defensive order is administered. Section 76-10-504(4) exempts nonresidents traveling through or within the state from certain provisions of the law. As long as any firearm they possess is unloaded and securely encased, they are not subject to various Sections.

Under the Careers and Professions – Protection Personnel Licensing Act, individuals licensed as armored car security officers or armed private security officers are subject to specific regulations when carrying firearms. While acting within the scope of their duties, they may carry a firearm in accordance with the provisions outlined in the Act and the rules established under it. As such, they are exempt from the requirements and restrictions stated in Section 76-10-505.

Section 29-2-103 grants innkeepers the right to reject housings,establishments, or freedoms of a lodging organization to individuals who, in the practical assumption of the innkeeper, may pose a danger to others by bringing in possession that includes guns or explosives. An innkeeper, as defined in Section 29-2-102, refers to the proprietor or designated employee responsible for a lodging establishment. The law provides a range of installing organizations, including bed and breakfast establishments, boarding houses, hotels, inns, lodging houses, motels, resorts, and rooming houses.

To wrap up

In conclusion, the laws and exemptions outlined in the given sections are designed to protect and regulate the possession, carrying, and use of firearms in Utah. These regulations ensure the rights of individuals to keep and bear arms while establishing guidelines and restrictions to maintain public safety and security. It is important for individuals to familiarize themselves with the specific provisions and requirements to ensure compliance with the law.