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carry in car clarification needed

gmdfunk

Regular Member
Joined
May 14, 2007
Messages
17
Location
, ,
imported post

I know that you cant keep a concealed firearm in your car, unless you have a CCP, however a concealed weapons isnt considered such when unloaded and securely encased in the trunk.

Can someone clarify the rules for open carry while in a vehicle? What is considered open carry, while you are in a car? Thanks.
 

UTOC-45-44

Regular Member
Joined
Feb 22, 2007
Messages
2,579
Location
Morgan, Utah, USA
imported post

gmdfunk wrote:
I know that you cant keep a concealed firearm in your car, unless you have a CCP, however a concealed weapons isnt considered such when unloaded and securely encased in the trunk.

Can someone clarify the rules for open carry while in a vehicle? What is considered open carry, while you are in a car? Thanks.

Well...It's hard to say and depending on the Officer stopping You. But here is some info and Let's talk it over what we feel about the wording.



Utah Code Section 76-10-505




[size=-1]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: ...
http://www.le.state.ut.us/~code/TITLE76/htm/76_0C034.htm - 2k - ]http://www.le.state.ut.us/~code/TITLE76/htm/76_0C034.htm+76-10-505&hl=en&ct=clnk&cd=1&gl=us]Cached[/url] - ]http://www.le.state.ut.us/~code/TITLE76/htm/76_0C034.htm]Similar pages[/url][/size]

[size=-1]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;
(b) on any public street; or
(c) in a posted prohibited area.
(2) A violation of this section is a class B misdemeanor.


Amended by Chapter 328, 1990 General Session
Download Code Section Zipped WP 6/7/8 76_0C034.ZIP 1,712 Bytes
[/size]


Utah Code Section 76-10-501







[size=-1]76-10-501. Definitions. As used in this part: (1) (a) "Antique firearm" means any firearm: (i) (A) with a matchlock, flintlock, percussion cap, ...
http://www.le.state.ut.us/~code/TITLE76/htm/76_0C030.htm - 11k - ]http://www.le.state.ut.us/~code/TITLE76/htm/76_0C030.htm+76-10-501&hl=en&ct=clnk&cd=1&gl=us]Cached[/url] - ]http://www.le.state.ut.us/~code/TITLE76/htm/76_0C030.htm]Similar pages[/url][/size]

[size=-1](18) "Securely encased" means not readily accessible for immediate use, such as held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other storage area of a motor vehicle, not including a glove box or console box.
[/size]


TO ME Utah Code Section 76-10-505STATES TO ME THAT THERE SHOULD NOT BE ANY PROBLEMS TO HAVE AN UNLOADED WEAPON ON THE HIP WHILE IN THE CAR /

HOWEVER PLEASE CALL CLARK APOSIHAN ( THE CHAIRMAN OF BCI ) @ 801-560-4836

THERE MIGHT BE SOME FEDERAL LAWS THAT STATES OTHERWISE . I WILL BE RESEARCHING
http://www.le.state.ut.us/~code/TITLE76/htm/76_0C034.htmhttp://www.le.state.ut.us/~code/TITLE76/htm/76_0C050.htm
 

tarzan1888

Regular Member
Joined
Apr 9, 2007
Messages
1,435
Location
, , USA
imported post

UTOC-45-44 wrote:
gmdfunk wrote:
I know that you cant keep a concealed firearm in your car, unless you have a CCP, however a concealed weapons isnt considered such when unloaded and securely encased in the trunk.

Can someone clarify the rules for open carry while in a vehicle? What is considered open carry, while you are in a car? Thanks.

Well...It's hard to say and depending on the Officer stopping You. But here is some info and Let's talke it over what we feel about the wording.



Utah Code Section 76-10-505




[size=-1]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: ...
http://www.le.state.ut.us/~code/TITLE76/htm/76_0C034.htm - 2k - ]http://www.le.state.ut.us/~code/TITLE76/htm/76_0C034.htm+76-10-505&hl=en&ct=clnk&cd=1&gl=us]Cached[/url] - ]http://www.le.state.ut.us/~code/TITLE76/htm/76_0C034.htm]Similar pages[/url][/size]

[size=-1]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;
(b) on any public street; or
(c) in a posted prohibited area.
(2) A violation of this section is a class B misdemeanor.


Amended by Chapter 328, 1990 General Session
Download Code Section Zipped WP 6/7/8 76_0C034.ZIP 1,712 Bytes
[/size]


Utah Code Section 76-10-501







[size=-1]76-10-501. Definitions. As used in this part: (1) (a) "Antique firearm" means any firearm: (i) (A) with a matchlock, flintlock, percussion cap, ...
http://www.le.state.ut.us/~code/TITLE76/htm/76_0C030.htm - 11k - ]http://www.le.state.ut.us/~code/TITLE76/htm/76_0C030.htm+76-10-501&hl=en&ct=clnk&cd=1&gl=us]Cached[/url] - ]http://www.le.state.ut.us/~code/TITLE76/htm/76_0C030.htm]Similar pages[/url][/size]

[size=-1](18) "Securely encased" means not readily accessible for immediate use, such as held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other storage area of a motor vehicle, not including a glove box or console box.
[/size]


TO ME Utah Code Section 76-10-505STATES TO ME THAT THERE SHOULD NOT BE ANY PROBLEMS TO HAVE AN UNLOADED WEAPON ON THE HIP WHILE IN THE CAR /

HOWEVER PLEASE CALL CLARK APOSIHAN ( THE CHAIRMAN OF BCI ) @ 801-560-4836

THERE MIGHT BE SOME FEDERAL LAWS THAT STATES OTHERWISE . I WILL BE RESEARCHING
http://www.le.state.ut.us/~code/TITLE76/htm/76_0C034.htmhttp://www.le.state.ut.us/~code/TITLE76/htm/76_0C050.htm



I believe UTOC-45-44 is right.

I have gone through check points after hunting, with an un-loaded shotgun standing muzzle down between the two front seats of my pick-up and the game wardens have said nothing.

Believe me they arelooking for firearms violations, because they have checked my ammo to make sure that it is steel and checked my magazine to make sure my gun will not hold more than 3, including one in the chamber.

They really check my Mossberg Persuader over carefully with its 20 inch barrel and un-plugged 8 shot capacity. :what:

I think LEO's would like you to have an un-loaded gun securely in-cased, but I don't think that you are required by law to do so.

Remember IANAL and if you call CLARK APOSIHAN he may tell you differently.
 
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