National Carry AcademyOpen Carry
January 12, 2016
Loaded Open Carry is legal for those with a valid permit/license to carry a concealed firearm. Vehicle carry is legal for anyone who is 18 or older and can legally possess a firearm in a vehicle 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. See the “RV/Car Carry Without a Permit” section for carrying in a vehicle. Those without any valid permit/license must carry an unloaded firearm outside the vehicle. The law is below. For an autoloader you can have a full mag but no round in the chamber. The two actions required to fire it are racking the slide and then pressing the trigger. For a double action revolver the hammer must down on a loaded chamber and the next chamber to rotate up to the firing position must be empty. That talks two presses of the trigger to make it fire making two actions to fire it. Single actions pistols can be carried with hammer down on an empty chamber. Cocking the hammer and pressing the trigger are the two required actions. Places as listed in the “Places Off Limits” above apply to those who open carry. Also be aware that Schools and other places are off limits unless you have a valid permit/license to carry a firearm. Read the laws well as those without a permit/license to carry have more places off limits than those with a permit/license. When open carrying, be prepared for Police Officers to question you as open carrying firearm gets their attention.
The state preempts all firearm laws in the state and local authorities can’t have Laws/Ordinances against open carry. Remember that if you enter any property and the owner/responsible person ask you to leave you must leave. Failure to leave can result in Trespass Charges.
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. Amended by Chapter 362, 2009 General Session
76-10-502. When Weapon Deemed Loaded.
(1) For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position.
(2) Pistols and revolvers shall also be deemed to be loaded when an unexpended cartridge, shell, or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired.
(3) A muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.
76-9-102. Disorderly conduct.
(3) The mere carrying or possession of a holstered or encased firearm, whether visible or concealed, without additional behavior or circumstances that would cause a reasonable person to believe the holstered or encased firearm was carried or possessed with criminal intent, does not constitute a violation of this section. Nothing in this Subsection may limit or prohibit a law enforcement officer from approaching or engaging any person in a voluntary conversation.
Open Carry
January 12, 2016
Loaded Open Carry is legal for those with a valid permit/license to carry a concealed firearm. Vehicle carry is legal for anyone who is 18 or older and can legally possess a firearm in a vehicle 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. See the “RV/Car Carry Without a Permit” section for carrying in a vehicle. Those without any valid permit/license must carry an unloaded firearm outside the vehicle. The law is below. For an autoloader you can have a full mag but no round in the chamber. The two actions required to fire it are racking the slide and then pressing the trigger. For a double action revolver the hammer must down on a loaded chamber and the next chamber to rotate up to the firing position must be empty. That talks two presses of the trigger to make it fire making two actions to fire it. Single actions pistols can be carried with hammer down on an empty chamber. Cocking the hammer and pressing the trigger are the two required actions. Places as listed in the “Places Off Limits” above apply to those who open carry. Also be aware that Schools and other places are off limits unless you have a valid permit/license to carry a firearm. Read the laws well as those without a permit/license to carry have more places off limits than those with a permit/license. When open carrying, be prepared for Police Officers to question you as open carrying firearm gets their attention.
The state preempts all firearm laws in the state and local authorities can’t have Laws/Ordinances against open carry. Remember that if you enter any property and the owner/responsible person ask you to leave you must leave. Failure to leave can result in Trespass Charges.
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. Amended by Chapter 362, 2009 General Session
76-10-502. When Weapon Deemed Loaded.
(1) For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position.
(2) Pistols and revolvers shall also be deemed to be loaded when an unexpended cartridge, shell, or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired.
(3) A muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.
76-9-102. Disorderly conduct.
(3) The mere carrying or possession of a holstered or encased firearm, whether visible or concealed, without additional behavior or circumstances that would cause a reasonable person to believe the holstered or encased firearm was carried or possessed with criminal intent, does not constitute a violation of this section. Nothing in this Subsection may limit or prohibit a law enforcement officer from approaching or engaging any person in a voluntary conversation.