Recent stories in the news highlight a problem in Utah law that came to the forefront as a security guard and a police officer were placed on administrative leave for releasing an internal memo from the University of Utah about carrying firearms openly. In effect, the memo describes how University police are supposed to encourage people to conceal their firearms if they have a Utah Concealed Firearm Permit. If they do not, the officers are directed to order the person to leave the campus. If they do not, the officer is to cite the person violating UCA § 76-8-703, which deals with interfering with school activities. You can view the entire memo here:
You can also view the KSL.com and Salt Lake Tribune article’s for more reporting on the case.
So here’s the biggest problem about the issue. While it is generally recognized that Utah is an “Open Carry” state, Utah law DOES NOT address what exactly that means. Also, nowhere in Utah law will you find any discussion or mention of “Open Carry”. Here’s how the statutes come together to establish that Utah is an Open Carry state:
Open Carry
76-10-505. Carrying loaded firearm in vehicle or on street.
(1) Unless otherwise authorized by law, a person may not carry a loaded firearm:
(a) in or on a vehicle, unless:
(i) the vehicle is in the person’s lawful possession; or
(ii) the person is carrying the loaded firearm in a vehicle with the consent of the person lawfully in possession of the vehicle;
(b) on a public street; or
(c) in a posted prohibited area.
(2) Subsection (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.
(3) Notwithstanding Subsection (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.
76-10-523. Persons exempt from weapons laws.
(1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to any of the following:
(a) a United States marshal;
(b) a federal official required to carry a firearm;
(c) a peace officer of this or any other jurisdiction;
(d) a law enforcement official as defined and qualified under Section 53-5-711;
(e) a judge as defined and qualified under Section 53-5-711;
(f) a common carrier while engaged in the regular and ordinary transport of firearms as merchandise; or
(g) a nonresident traveling in or through the state, provided that any firearm is:
(i) unloaded; and
(ii) securely encased as defined in Section 76-10-501.
(2) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not apply to any person to whom a permit to carry a concealed firearm has been issued:
(a) pursuant to Section 53-5-704; or
(b) by another state or county.
So, 505 establishes that you cannot carry a loaded firearm out in the public and then 523 goes on to say that 505 does not apply to some with a Utah CFP. So, in essence, the implication is that you can carry an unloaded firearm because that is not a violation of 505. Once you have your Utah CFP, you can carry that firearm openly or concealed fully loaded. Sounds a little weird the way it all comes together, right? Well, in my opinion, that’s the real problem here…the statutes are not explicit and where it is not explicit, you run into problems where the University is creating this policy. If you happened to read the policy, also notice that what is not in there…there is no mention of violating an open carry law. It’s all about disturbing school activities. So, in the end, while I don’t agree with the University policy, the real problem is that the legislature needs to take up the issue of open carry and end the confusion!
There is nothing strange about Utah’s criminal code – criminal codes sets forth conduct which is illegal – everything else is legal – no state enacts laws telling people what they CAN DO – just what they cannot do.
In Utah, you must have a concealed handgun permit (CHP) to carry loaded weapons openly, or concealed weapons (loaded or not). Except in vehicles no permit is needed to carry loaded or unloaded weapons, and some places are off limits to even unloaded open carry unless you have the CHP.