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Page Hometown » Utah
Posted: 11/12/2015 4:07:16 PM EDT
I've read on other internet boards that Utah CCW license holders can conceal carry long guns and even SBRs.  I see nothing in the code that explicitly forbids it for CCW license holders, but I can piece together a case that it is authorized using three different sections. So I think I could keep something like a registered MP5K with a stock and a foregrip in a backpack with my permit, but I'm not 100% sure of that.  Does anyone else have an opinion?

Pertinent excerpts from the Utah code:

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.

(1)  
 (a) The bureau shall issue a permit to carry a concealed firearm for lawful self defense to an applicant who is 21 years of age or older within 60 days after receiving an application, unless the bureau finds proof that the applicant does not meet the qualifications set forth in Subsection (2).

 (b) The permit is valid throughout the state for five years, without restriction, except as otherwise provided by Section 53-5-710.

 (c) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not apply to a person issued a permit under Subsection (1)(a).

 (d) Subsection (4)(a) does not apply to a nonresident:
    (i) active duty service member, who present to the bureau orders requiring the active duty service member to report for duty in this state; or
    (ii) an active duty service member's spouse, stationed with the active duty service member, who presents to the bureau the active duty service member's orders requiring the service member to report for duty in this state.

View Quote



76-10-504.  Carrying concealed firearm -- Penalties.

 (1) Except as provided in Section 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.

 (2) A person who carries a concealed firearm that is a loaded firearm in violation of Subsection (1) is guilty of a class A misdemeanor.

 ***MY TEXT ADDED IN BLUE
  So.. 53-5-704(C) from the first quote box above exempts the permit holder from #1 and #2 in this section, but not from #3 below.  But #3 only applies to "illegally possessed", which I can only assume applies to non-registered NFA items.  Meanwhile, per 76-10-501 in the third quote box, "concealed firearm" is a "firearm" that is covered, hidden, or secreted, and a "firearm" can be a rifle or SBR


 (3) A person who carries concealed an unlawfully possessed short barreled shotgun or a short barreled rifle is guilty of a second degree felony.

(4) If the concealed firearm is used in the commission of a violent felony as defined in Section 76-3-203.5, and the person is a party to the offense, the person is guilty of a second degree felony.

(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:  
 (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.
View Quote


76-10-501.  Definitions.

(3)  
(a) "Concealed firearm" means a firearm that is:
(i) covered, hidden, or secreted in a manner that the public would not be aware of its presence; and
(ii) readily accessible for immediate use

....

(10)  
(a) "Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive.
(b) As used in Sections 76-10-526 and 76-10-527, "firearm" does not include an antique firearm.
View Quote




So... tracing backwards through this mess.... A "concealed firearm" is a "firearm" (per definitions), which can be a "short barreled rifle" (per definitions also), which per 53-5-704 (permit to carry section) can be carried because of the exemption it allows to #1 and #2 of 76-10-504 (concealed firearm penalties section).

Do I have that right??
Link Posted: 11/16/2015 12:55:15 AM EDT
[#1]
I don't know but I will say in the past week I have asked 2 Brigham city cops, a roy city cop, a RiverDale city cop, and a Weber county sheriff.....if you have a ccw, can you open carry a loaded handgun?
Yes
1 Brigham city cop

No
1 Brigham city cop
1 Riverdale cop

Answers changed
Roy city said yes then a couple days later he said he talked to the Weber county district attorney and he said no you cannot
Sheriff said no, then I asked him what 76-10-523 says, he read it and said oh I guess you can.

My point is you might have the right, but flip a quarter to see if you will get arrested or not.
Link Posted: 11/23/2015 12:34:17 PM EDT
[#2]
LOL - noted.  You'd think law enforcement people should know the laws.  You know.. the laws that we pay them to enforce?

I don't want to poke the bear on this one, but I cannot find any law that prohibits CCW of a long gun in the code.  If not prohibited, then it must be legal IMO.

Disclaimer: until I get more substantial legal advise, I'm personally just carrying pistols.
Link Posted: 11/23/2015 9:46:16 PM EDT
[#3]
Ask Mitch Vilos.
Page Hometown » Utah
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