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1/25/2018 7:38:29 AM
Posted: 9/22/2002 5:29:42 AM EST
Driving in a small town in southern utah. Get pulled over for driving 25 in a 20 zone (my fault, I know). Have a loaded handgun in vehicle with my ccw permit. Officer asks me if it's loaded, I rspond yes. Well, he informs me that in Utah that weapon must go through "two actions" before it can fire (my handgun with me was a revolver, so I had to have an empty "chamber" on the "first shot fired". Keep in mind, the officer (state highway) was polite, and we actually had a nice conversation for a good 20 minutes (after I got the speeding ticket:( I guess what I don't understand is why if you're going to carry a loaded handgun, why have the chamber empty (he also informed me that if I had a semi auto, the weapon could not have a round in the chamber, that if I actually wanted to fire the gun, I would have to rack the slide before actaully shooting it)
I now know the law in Utah, and feel lucky that he didn't give me a ticket for carrying my handgun "fully loaded", but can I ask the reasoning behind this "law"?
Link Posted: 9/22/2002 6:08:09 AM EST
the way I read it, the not loaded law is for those W/O a license... seeing how you have a CCW, you are exempt.

ref: www.packing.org/state/index.jsp/utah
Link Posted: 9/22/2002 7:31:11 AM EST
I travel to Utah frequently and I e-mailed the Attorney General shortly after obtaining my Wyoming permit. They did not mention anything about not having a round in the chamber while carrying. I also perused their website and found nothing like that in their concealed carry statute.
Link Posted: 9/22/2002 8:01:41 AM EST
[Last Edit: 9/22/2002 8:04:51 AM EST by Bearlaker]
Which town?
He was wrong and probably realized it right after he started explaining the law to you, which is why he didn't give you a ticket on the gun.
Link Posted: 9/22/2002 8:50:01 AM EST
The town was Escalante.
As mentioned before, officer wasn't a prick, and for better or worse at the time, since I wasn't sure of the law, I wasn't going to give any lip.
Guess what had me perplexed on his explination is when I asked about carrying a semi auto. I was thinking to myself why would anyone carry a semi auto concealed without a round in the chamber?
Link Posted: 9/22/2002 10:31:01 AM EST
I contacted the Utah Attorney Generals office and found out they do not have reciprocity with any other state--so they say. your CCW is not valid in Utah.
Link Posted: 9/22/2002 10:35:20 AM EST
Odd. I thought Utah law was automatic reciprocity. Supposedly, Utah recognized any state's ccw permit. HAve to go look at packing.org
Link Posted: 9/22/2002 10:38:45 AM EST
could be they have changed it since i called them about three mounths ago. I asked them if it was just Idaho they did not recognise or all states and was told all states.
Link Posted: 9/22/2002 11:11:42 AM EST


Will Utah honor concealed firearm permits from other states?

Utah will honor any permit which has been issued by another state or county. However, a permit issued by another state or county is only valid in Utah for 60 consecutive days. In order to carry a concealed firearm, a person that remains in Utah for longer than 60 consecutive days shall obtain a permit pursuant to UCA 53-5-704.

Please be aware that this is not a reciprocal agreement. If you are interested in finding out if a particular state will honor Utah’s permit, you will need to contact that state specifically.

Link Posted: 9/22/2002 11:18:19 AM EST
Peregrene, before I left for my trip, I did check packing.org, and it showed Utah reconizing my permit from one of the states I have a ccw for. Actually, once the officer saw that I had my ccw, the "situation" became much more pleasant.
So far what I've found from personal experience from moving state to state (which I've done frequently in the last 10 years), is that no matter who you talk to at what level at state(pertaining to gun laws) you'll get 3 different answers to the same question.
The most important answer you'll get at the moment though is from the officer who has you on the side of the road. Lucky for me, he was a decent man.
He was adament though about me carrying the weapon "in such a manner that it reqires two actions to discharge the gun", in which I complied for the remainder of my trip.
Link Posted: 9/23/2002 8:56:21 AM EST
[Last Edit: 9/23/2002 8:58:37 AM EST by imposter]
From the Utah Code:

§76-10-505: "Unless otherwise authorized by law, a person may not carry a loaded firearm ... in or on a vehicle."

§76-10-532(2): "The provisions of [the statute prohibiting carrying concealed weapons] and Section 76-10-505 do not apply to an person whom a permit to carry a concealed firearm has been issued (a) pursuant to [Utah's CCW statute]; or (b) by another state or country."

So the cop didn't know the law. Gee whiz.

As Bearlaker notes, you must apply for a Utah permit if you live here for 60 days or more (§76-10-532(3)).
Link Posted: 9/23/2002 1:40:22 PM EST
You were perfectly legal. All of that nonsense about defining a "loaded" weapon does not apply with a concealed weapons permit. The local officer obviously did not know the law very well. Utah is quite friendly to permits from other states. I wish they all were as good. Watch-Six
Link Posted: 9/23/2002 2:37:02 PM EST
I carried my glock with a full mag and empty chamber the first few times I carried. But it was only done to fully reasure me that my holster did a good job of keeping the trigger guard covered

as for them honoring any state's permit. Guess I'll have to contact the attorney general and see if NY's "pistol permit" counts if I get around to visiting my friend in Salt Lake City
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