|
|
|
|
|
||
| Moderated by: jpierce | ||
| Author | Post | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
|
ScottyT Regular Member 
|
Old pamphlet: http://www.utahconcealedcarry.com/shared/Utah_Gun_Law.pdf I am updating this for the new laws that are taking effect May 11. Can someone please post the entire laws here so I can summarize them in a new version of the pamphlet? Is it just an edit to 76-10-505? I don't know where to find the new text. I can have a new pamphlet ready as soon as I have the info. Thanks for your help! PS -- This would also be a great time to suggest any other edits to the current version of the pamphlet! |
|||||||||
|
jaredbelch Founder's Club Member
|
ScottyT wrote: Old pamphlet: My favorite website  le.utah.govHB 357 http://le.utah.gov/~2009/bills/hbillenr/hb0357.htm FIREARMS AMENDMENTS 2 2009 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Stephen E. Sandstrom 5 Senate Sponsor: Mark B. Madsen 6 Cosponsors: 7 Douglas C. Aagard 8 Melvin R. Brown 9 Bradley M. Daw 10 Brad L. Dee 11 John Dougall 12 Craig A. Frank 13 Gage Froerer 14 Kevin S. Garn 15 Francis D. GibsonKerry W. Gibson Richard A. Greenwood Keith Grover Christopher N. Herrod Gregory H. Hughes Don L. Ipson Rebecca D. Lockhart Michael T. Morley Merlynn T. Newbold Michael E. NoelCurtis Oda Patrick Painter Paul Ray Kenneth W. Sumsion Evan J. Vickers C. Brent Wallis R. Curt Webb Ryan D. Wilcox Carl Wimmer 16 17 LONG TITLE 18 General Description: 19 This bill modifies provisions of the Utah Criminal Code related to firearms. 20 Highlighted Provisions: 21 This bill: 22 . modifies the criminal penalties exception provisions related to carrying a concealed 23 firearm to apply to a vehicle in a person's lawful possession and to a vehicle in the 24 lawful possession of another, with the consent of that person; 25 . allows a person to carry a loaded firearm in a vehicle in the person's lawful 26 possession or in a vehicle with the consent of the person lawfully in possession of 27 the vehicle; 28 . allows for the possession of a loaded firearm on a person's real property; and 29 . makes certain technical changes. 30 Monies Appropriated in this Bill: 31 None 32 Other Special Clauses: 33 None 34 Utah Code Sections Affected: 35 AMENDS: 36 76-10-504, as last amended by Laws of Utah 2005, Chapter 2 37 76-10-505, as last amended by Laws of Utah 1990, Chapter 328 38 76-10-511, as last amended by Laws of Utah 1993, Chapter 234 39 76-10-523, as last amended by Laws of Utah 2003, Chapter 202 40 41 Be it enacted by the Legislature of the state of Utah: 42 Section 1. Section 76-10-504 is amended to read: 43 76-10-504. Carrying concealed dangerous weapon -- Penalties. 44 (1) Except as provided in Section 76-10-503 and in Subsections (2) [and], (3)[: (a)], 45 and (4), a person who carries a concealed dangerous weapon, as defined in Section 76-10-501 , 46 [which is not a] including an unloaded firearm on his or her person or one that is readily 47 accessible for immediate use which is not securely encased, as defined in this part, in or on a 48 place other than [his] the person's residence, property, a vehicle in the person's lawful 49 possession, or a vehicle, with the consent of the individual who is lawfully in possession of the 50 vehicle, or business under [his] the person's control is guilty of a class B misdemeanor[; and]. 51 [(b) a person without a valid concealed firearm permit] 52 (2) A person who carries a concealed dangerous weapon which is a loaded firearm 53 [and that contains no ammunition is guilty of a class B misdemeanor, but if the firearm 54 contains ammunition the person] in violation of Subsection (1) is guilty of a class A 55 misdemeanor. 56 [(2)] (3) A person who carries concealed a sawed-off shotgun or a sawed-off rifle is 57 guilty of a second degree felony. 58 [(3)] (4) If the concealed firearm is used in the commission of a violent felony as 59 defined in Section 76-3-203.5 , and the person is a party to the offense, the person is guilty of a 60 second degree felony. 61 [(4)] (5) Nothing in Subsection (1) or (2) shall prohibit a person engaged in the lawful 62 taking of protected or unprotected wildlife as defined in Title 23, Wildlife Resources Code of 63 Utah, from carrying a concealed weapon or a concealed firearm with a barrel length of four 64 inches or greater as long as the taking of wildlife does not occur: 65 (a) within the limits of a municipality in violation of that municipality's ordinances; or 66 (b) upon the highways of the state as defined in Section 41-6a-102 . 67 Section 2. Section 76-10-505 is amended to read: 68 76-10-505. Carrying loaded firearm in vehicle or on street. 69 (1) Unless otherwise authorized by law, a person may not carry a loaded firearm: 70 (a) in or on a vehicle[;], unless: 71 (i) the vehicle is in the person's lawful possession; or 72 (ii) the person is carrying the loaded firearm in a vehicle with the consent of the 73 person lawfully in possession of the vehicle; 74 (b) on [any] a public street; or 75 (c) in a posted prohibited area. 76 (2) Subsection (1)(a) does not apply to a minor under 18 years of age, since a minor 77 under 18 years of age may not carry a loaded firearm in or on a vehicle. 78 (3) Notwithstanding Subsection (1)(a)(i) and (ii), a person may not possess a loaded 79 rifle, shotgun, or muzzle-loading rifle in a vehicle. 80 [(2)] (4) A violation of this section is a class B misdemeanor. 81 Section 3. Section 76-10-511 is amended to read: 82 76-10-511. Possession of loaded firearm at residence or on real property 83 authorized. 84 Except for persons described in Section 76-10-503 and 18 U.S.C. Sec. 922(g) and as 85 otherwise prescribed in this part, a person may have a loaded firearm [at his]: 86 (1) at the person's place of residence, including any temporary residence or camp[.]; or 87 (2) on the person's real property. 88 Section 4. Section 76-10-523 is amended to read: 89 76-10-523. Persons exempt from weapons laws. 90 (1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to 91 any of the following: 92 (a) a United States marshal; 93 (b) a federal official required to carry a firearm; 94 (c) a peace officer of this or any other jurisdiction; 95 (d) a law enforcement official as defined and qualified under Section 53-5-711 ; 96 (e) a judge as defined and qualified under Section 53-5-711 ; 97 (f) a common carrier while engaged in the regular and ordinary transport of firearms as 98 merchandise; or 99 (g) a nonresident traveling in or through the state, provided that any firearm is: 100 (i) unloaded; and 101 (ii) securely encased as defined in Section 76-10-501 . 102 (2) The provisions of Subsections 76-10-504 (1)[(a), (1)(b)] and (2), and Section 103 76-10-505 do not apply to any person to whom a permit to carry a concealed firearm has been 104 issued: 105 (a) pursuant to Section 53-5-704 ; or 106 (b) by another state or county. |
|||||||||
|
ProtectedBy9mm Regular Member 
|
ScottyT wrote: ....I am updating this for the new laws that are taking effect May 11... Sweeet!!! I'm excited. Thank You ScottyT!!!  |
|||||||||
|
ScottyT Regular Member
|
I would also need to change the disclaimer on the back making the pamphlet current through the 2009 Legislative session. |
|||||||||
|
jaredbelch Founder's Club Member
|
http://le.utah.gov/~2009/bills/sbillenr/sb0078.htm S.B. 78 Enrolled 1 PROTECTION OF CONSTITUTIONALLY 2 GUARANTEED ACTIVITIES IN CERTAIN 3 PRIVATE VENUES 4 2009 GENERAL SESSION 5 STATE OF UTAH 6 Chief Sponsor: Mark B. Madsen 7 House Sponsor: Curtis Oda 8 Cosponsors: 9 Curtis S. Bramble 10 D. Chris Buttars 11 Allen M. Christensen 12 Margaret Dayton 13 Jon J. Greiner 14 David P. HinkinsScott K. Jenkins Sheldon L. Killpack Peter C. Knudson Daniel R. Liljenquist Wayne L. Niederhauser Ralph OkerlundHoward A. Stephenson Dennis E. Stowell Stephen H. Urquhart John L. Valentine Kevin T. Van Tassell Michael G. Waddoups 15 16 LONG TITLE 17 General Description: 18 This bill modifies Title 34, Labor in General, by enacting Title 34, Chapter 45, 19 Protection of Activities in Private Vehicles. 20 Highlighted Provisions: 21 This bill: 22 . provides definitions; 23 . prohibits certain persons from creating or enforcing a policy that prohibits the 24 storage of firearms in a motor vehicle parked on property owned, leased, or 25 otherwise controlled by the person if: 26 . the individual storing the firearm is legally entitled to possess and transport the 27 firearm; 28 . the vehicle is locked, or the firearm is in a locked container; and 29 . the firearm is not in plain view; 30 . provides exceptions for persons with secured lots under certain circumstances; 31 . prohibits certain persons from creating or enforcing a policy that prohibits the 32 display or possession of items in or on a vehicle parked on property owned, leased, 33 or otherwise controlled by the person if the policy results in a substantial burden on 34 the free exercise of religion; 35 . provides protections from civil liability in relation to occurrences that result from, 36 are connected with, or are incidental to the use of a firearm that is properly stored 37 or transported in a motor vehicle in association with this chapter; 38 . permits an individual to bring a civil action to enforce the requirements of this 39 chapter; 40 . permits a court to grant injunctive relief, declaratory relief, damages, costs, and 41 attorney fees in association with a suit brought to enforce the requirements of this 42 chapter; 43 . provides exceptions; 44 . permits the attorney general to bring an action to enforce the chapter and to request 45 damages on behalf of any individual that has suffered loss due to a violation of this 46 chapter; 47 . makes certain documents filed with the attorney general private records; and 48 . makes technical changes. 49 Monies Appropriated in this Bill: 50 None 51 Other Special Clauses: 52 None 53 Utah Code Sections Affected: 54 AMENDS: 55 63G-2-302, as last amended by Laws of Utah 2008, Chapter 91 and renumbered and 56 amended by Laws of Utah 2008, Chapter 382 57 ENACTS: 58 34-45-101, Utah Code Annotated 1953 59 34-45-102, Utah Code Annotated 1953 60 34-45-103, Utah Code Annotated 1953 61 34-45-104, Utah Code Annotated 1953 62 34-45-105, Utah Code Annotated 1953 63 34-45-106, Utah Code Annotated 1953 64 34-45-107, Utah Code Annotated 1953 65 66 Be it enacted by the Legislature of the state of Utah: 67 Section 1. Section 34-45-101 is enacted to read: 68 CHAPTER 45. PROTECTION OF ACTIVITIES IN PRIVATE VEHICLES 69 34-45-101. Title. 70 This chapter is known as "Protection of Activities in Private Vehicles." 71 Section 2. Section 34-45-102 is enacted to read: 72 34-45-102. Definitions. 73 As used in this chapter: 74 (1) "Firearm" has the same meaning as provided in Section 76-10-501 . 75 (2) "Motor vehicle" has the same meaning as provided in Section 41-1a-102 . 76 (3) "Person" means an individual, property owner, landlord, tenant, employer, 77 business entity, or other legal entity. 78 Section 3. Section 34-45-103 is enacted to read: 79 34-45-103. Protection of certain activities -- Firearms -- Free exercise of religion. 80 (1) Except as provided in Subsection (2), a person may not establish, maintain, or 81 enforce any policy or rule that has the effect of: 82 (a) prohibiting any individual from transporting or storing a firearm in a motor vehicle 83 on any property designated for motor vehicle parking, if: 84 (i) the individual is legally permitted to transport, possess, purchase, receive, transfer, 85 or store the firearm; 86 (ii) the firearm is locked securely in the motor vehicle or in a locked container 87 attached to the motor vehicle while the motor vehicle is not occupied; and 88 (iii) the firearm is not in plain view from the outside of the motor vehicle; or 89 (b) prohibiting any individual from possessing any item in or on a motor vehicle on 90 any property designated for motor vehicle parking, if the effect of the policy or rule constitutes 91 a substantial burden on that individual's free exercise of religion. 92 (2) A person may establish, maintain, or enforce a policy or rule that has the effect of 93 placing limitations on or prohibiting an individual from transporting or storing a firearm in a 94 motor vehicle on property the person has designated for motor vehicle parking if: 95 (a) the person provides, or there is otherwise available, one of the following, in a 96 location reasonably proximate to the property the person has designated for motor vehicle 97 parking: 98 (i) alternative parking for individuals who desire to transport, possess, receive, 99 transfer, or store a firearm in the individual's motor vehicle at no additional cost to the 100 individual; or 101 (ii) a secured and monitored storage location where the individual may securely store a 102 firearm before proceeding with the vehicle into the secured parking area; or 103 (b) the person complies with Subsection 34-45-107 (5). 104 Section 4. Section 34-45-104 is enacted to read: 105 34-45-104. Protection from liability. 106 A person that owns or controls a parking area that is subject to this chapter and that 107 complies with the requirements of Section 34-45-103 is not liable in any civil action for any 108 occurrence resulting from, connected with, or incidental to the use of a firearm, by any person, 109 unless the use of the firearm involves a criminal act by the person who owns or controls the 110 parking area. 111 Section 5. Section 34-45-105 is enacted to read: 112 34-45-105. Cause of action for noncompliance -- Remedies. 113 (1) An individual who is injured, physically or otherwise, as a result of any policy or 114 rule prohibited by Section 34-45-103 , may bring a civil action in a court of competent 115 jurisdiction against any person that violates the provisions of Section 34-45-103 . 116 (2) Any individual who asserts a claim under this section is entitled to request: 117 (a) declaratory relief; 118 (b) temporary or permanent injunctive relief to prevent the threatened or continued 119 violation; 120 (c) recovery for actual damages sustained; and 121 (d) punitive damages, if: 122 (i) serious bodily injury or death occurs as a result of the violation of Section 123 34-45-103 ; or 124 (ii) the person who violates Section 34-45-103 has previously been notified by the 125 attorney general that a policy or rule violates Section 34-45-103 . 126 (3) The prevailing party in an action brought under this chapter may recover its court 127 costs and reasonable attorney fees incurred. 128 (4) Nothing in this chapter shall be construed or held to affect any rights or claims 129 made in relation to Title 34A, Chapter 2, Workers' Compensation Act. 130 Section 6. Section 34-45-106 is enacted to read: 131 34-45-106. Enforcement by attorney general. 132 (1) The attorney general may bring an action to enforce this chapter and may request 133 any relief that is provided for under Section 34-45-105 , including a request for damages on 134 behalf of any individual suffering loss because of a violation of this chapter. 135 (2) Upon entry of final judgment for a cause of action brought under this section, the 136 court may award restitution, when appropriate, to any individual suffering loss because of a 137 violation of this chapter if proof of loss is submitted to the satisfaction of the court. 138 Section 7. Section 34-45-107 is enacted to read: 139 34-45-107. Exemptions -- Limitations on chapter -- School premises -- 140 Government entities -- Religious organizations -- Single family detached residential 141 units. 142 (1) (a) School premises, as defined in Subsection 76-3-203.2 (1), are exempt from the 143 provisions of this chapter. 144 (b) Possession of a firearm on or about school premises is subject to the provisions of 145 Section 76-10-505.5 . 146 (2) Government entities, including a local authority or state entity, are subject to the 147 requirements of Title 53, Chapter 5a, Firearm Laws, but are otherwise exempt from the 148 provisions of this chapter. 149 (3) Religious organizations, including religious organizations acting as an employer, 150 are exempt from, and are not subject to the provisions of this chapter. 151 (4) Owner-occupied single family detached residential units and tenant-occupied 152 single family detached residential units are exempt from the provisions of this chapter. 153 (5) A person who is subject to federal law that specifically forbids the presence of a 154 firearm from property designated for motor vehicle parking, or a person who is subject to 155 Section 550 of the United States Department of Homeland Security Appropriations Act of 156 2007, Pub. L. No. 109-295 or regulations enacted in accordance with that section, is exempt 157 from Section 34-45-103 if: 158 (a) providing alternative parking or a storage location under Subsection 159 34-45-103 (2)(a) would pose an undue burden on the person; and 160 (b) the person files a statement with the attorney general citing the federal law that 161 forbids the presence of a firearm and detailing the reasons why providing alternative parking 162 or a storage location poses an undue burden. 163 (6) A person who is subject to Section 550 of the United States Department of 164 Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in 165 accordance with that section is exempt from this chapter if: 166 (a) the person has attempted to provide alternative parking or a storage location in 167 accordance with Subsection 34-45-103 (2)(a); 168 (b) the secretary of the federal Department of Homeland Security notifies the person 169 that the provision of alternative parking or a storage location causes the person to be out of 170 compliance with Section 550 of the United States Department of Homeland Security 171 Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in accordance with 172 that section and the person may be subject to punitive measures; and 173 (c) the person files a detailed statement with the attorney general notifying the attorney 174 general of the facts under Subsections (6)(a) and (b). 175 Section 8. Section 63G-2-302 is amended to read: 176 63G-2-302. Private records. 177 (1) The following records are private: 178 (a) records concerning an individual's eligibility for unemployment insurance benefits, 179 social services, welfare benefits, or the determination of benefit levels; 180 (b) records containing data on individuals describing medical history, diagnosis, 181 condition, treatment, evaluation, or similar medical data; 182 (c) records of publicly funded libraries that when examined alone or with other records 183 identify a patron; 184 (d) records received or generated for a Senate or House Ethics Committee concerning 185 any alleged violation of the rules on legislative ethics, prior to the meeting, and after the 186 meeting, if the ethics committee meeting was closed to the public; 187 (e) records received or generated for a Senate confirmation committee concerning 188 character, professional competence, or physical or mental health of an individual: 189 (i) if prior to the meeting, the chair of the committee determines release of the records: 190 (A) reasonably could be expected to interfere with the investigation undertaken by the 191 committee; or 192 (B) would create a danger of depriving a person of a right to a fair proceeding or 193 impartial hearing; and 194 (ii) after the meeting, if the meeting was closed to the public; 195 (f) employment records concerning a current or former employee of, or applicant for 196 employment with, a governmental entity that would disclose that individual's home address, 197 home telephone number, Social Security number, insurance coverage, marital status, or payroll 198 deductions; 199 (g) records or parts of records under Section 63G-2-303 that a current or former 200 employee identifies as private according to the requirements of that section; 201 (h) that part of a record indicating a person's Social Security number or federal 202 employer identification number if provided under Section 31A-23a-104 , 31A-25-202 , 203 31A-26-202 , 58-1-301 , 61-1-4 , or 61-2-6 ; 204 (i) that part of a voter registration record identifying a voter's driver license or 205 identification card number, Social Security number, or last four digits of the Social Security 206 number; 207 (j) a record that: 208 (i) contains information about an individual; 209 (ii) is voluntarily provided by the individual; and 210 (iii) goes into an electronic database that: 211 (A) is designated by and administered under the authority of the Chief Information 212 Officer; and 213 (B) acts as a repository of information about the individual that can be electronically 214 retrieved and used to facilitate the individual's online interaction with a state agency; 215 (k) information provided to the Commissioner of Insurance under: 216 (i) Subsection 31A-23a-115 (2)(a); or 217 (ii) Subsection 31A-23a-302 (3); [and] 218 (l) information obtained through a criminal background check under Title 11, Chapter 219 40, Criminal Background Checks by Political Subdivisions Operating Water Systems[.]; and 220 (m) a statement and any supporting documentation filed with the attorney general in 221 accordance with Section 34-45-107 , if the federal law or action supporting the filing involves 222 homeland security. 223 (2) The following records are private if properly classified by a governmental entity: 224 (a) records concerning a current or former employee of, or applicant for employment 225 with a governmental entity, including performance evaluations and personal status information 226 such as race, religion, or disabilities, but not including records that are public under 227 Subsection 63G-2-301 (2)(b) or 63G-2-301 (3)(o), or private under Subsection (1)(b); 228 (b) records describing an individual's finances, except that the following are public: 229 (i) records described in Subsection 63G-2-301 (2); 230 (ii) information provided to the governmental entity for the purpose of complying with 231 a financial assurance requirement; or 232 (iii) records that must be disclosed in accordance with another statute; 233 (c) records of independent state agencies if the disclosure of those records would 234 conflict with the fiduciary obligations of the agency; 235 (d) other records containing data on individuals the disclosure of which constitutes a 236 clearly unwarranted invasion of personal privacy; 237 (e) records provided by the United States or by a government entity outside the state 238 that are given with the requirement that the records be managed as private records, if the 239 providing entity states in writing that the record would not be subject to public disclosure if 240 retained by it; and 241 (f) any portion of a record in the custody of the Division of Aging and Adult Services, 242 created in Section 62A-3-102 , that may disclose, or lead to the discovery of, the identity of a 243 person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult. 244 (3) (a) As used in this Subsection (3), "medical records" means medical reports, 245 records, statements, history, diagnosis, condition, treatment, and evaluation. 246 (b) Medical records in the possession of the University of Utah Hospital, its clinics, 247 doctors, or affiliated entities are not private records or controlled records under Section 248 63G-2-304 when the records are sought: 249 (i) in connection with any legal or administrative proceeding in which the patient's 250 physical, mental, or emotional condition is an element of any claim or defense; or 251 (ii) after a patient's death, in any legal or administrative proceeding in which any party 252 relies upon the condition as an element of the claim or defense. 253 (c) Medical records are subject to production in a legal or administrative proceeding 254 according to state or federal statutes or rules of procedure and evidence as if the medical 255 records were in the possession of a nongovernmental medical care provider. Last edited on Thu Apr 23rd, 2009 09:15 pm by jaredbelch |
|||||||||
|
ScottyT Regular Member
|
Thanks Jared! I would ask that everyone go through the pamphlet and suggest any corrections/edits that you feel would be beneficial and post those suggestions in this thread. I will plan on having the new pamphlet available by May 1. |
|||||||||
|
ScottyT Regular Member
|
I think I will put the new info in 34-45-103...107 in the "Concealed Weapons" section, mentioning that you have the right to carry a loaded, concealed firearm on your own property, including your vehicle. I am going to have a heck of a time fitting in the new 76-10-500+ changes... |
|||||||||
|
ProtectedBy9mm Regular Member
|
ScottyT wrote: ....I am going to have a heck of a time fitting in the new 76-10-500+ changes... Maybe you can classify it a "Booklet" instead of a pamphlet at that point.  Eitherway, I'm on board! |
|||||||||
|
JoeSparky Centurion Member 
|
jaredbelch wrote: ScottyT wrote:
61 [(4)] (5) Nothing in Subsection (1) or (2) shall prohibit a person engaged in the lawful Am I being difficult or could the highlighted, bolded, and enlarged portions above be read to REQUIRE THE OWNER OF THE VEHICLE THAT YOU ARE IN TO HAVE GIVEN YOU PERMISSION TO CARRY A CONCEALED WEAPON IN THEIR VEHICLE? |
|||||||||
|
rpyne Regular Member
|
JoeSparky wrote: jaredbelch wrote:ScottyT wrote: Your highlighted portions would NOT require you to have permission of the owner IF you are the driver and have permission to drive the car. The purpose I can see for the wording is two fold. 1) If you are a passenger, you have to have permission from the driver, This is very reasonable and follows the private property right of the legal owner/driver. 2) You cannot carry a gun in a stolen vehicle. This wording will also allow you to carry in a rented or leased vehicle. While it does not specify it specifically, it could also be argued that the lessee or rental company cannot prohibit you from possessing a firearm in their vehicle since this section follows the logic that your vehicle is an extension of your home and the law specifically prohibits landlords from prohibiting renters from possession of a firearm (76-10-530(5)). |
|||||||||
|
JoeSparky Centurion Member
|
I understand the appearant INTENT of the legislature on these statutes but as it is worded (see highlighted, RED, and bolded text in preceding posts) an OVER ZEALOUS PROSECUTOR/DA could make an arguement based on the wording that if I borrowed a vehicle from a friend that I must have the vehicle OWNERS CONSENT TO HAVE THE FIREARM (which is not in keeping with what I believe the legislature intended) instead of having the vehicle owners consent to have the vehicle! I am not an attorney but I have seen some at work and can see how their minds work with the twisting of the simple intended meanings! |
|||||||||
|
rpyne Regular Member
|
I think you are reading too much into what you are reading. If you borrow a friends car, with the friends permission of course, you are lawfully in possession of the car. While I cannot cite law or precedent, I do know that if you loan someone your car and they don't return it on time (or ever) you cannot have them arrested for car theft because you willingly gave them control of the car, therefore they are lawfully in possession. Unfortunately, I know this from sad experience. I once let a girlfriend "use my car for the day". She took off with the car and there was nothing I could do to get it back. |
|||||||||
|
ProtectedBy9mm Regular Member
|
No biggie: but it looks like it is ACTUALLY law on the 12th.Effective Date: 12 May 2009 Session Law Chapter: 362 http://le.utah.gov/~2009/htmdoc/hbillhtm/hb0357s01.htm Edit: Added correct link Last edited on Sat Apr 25th, 2009 02:18 am by ProtectedBy9mm |
|||||||||
|
ProtectedBy9mm Regular Member
|
Yay! That day is finally here!  |
|||||||||
|
Fetus Regular Member
|
when is the map going to be updated ?? |
|||||||||
|
swillden Regular Member 
|
Fetus wrote: when is the map going to be updated ?? I don't think the OC map will be updated. Utah remains green, not gold, because while this allows people without permits to carry loaded in their vehicles, they still can't walk down the street with a loaded firearm. EDIT: I just looked at the maps, and the "Unlicensed travelers' map" should be updated. Utah is now Gold there. Also, I wonder about the 21+ designation on the "Age to OC" map. I think it's probably stated as 21 because you can't carry loaded in Utah without a permit, and Utah issues permits to 21+, but since Utah honors all other permits, you can get one from another state (like Maine) at age 18. Last edited on Tue May 12th, 2009 09:25 pm by swillden |
|||||||||
|
ProtectedBy9mm Regular Member
|
So did we ever get a "ruling" on if this law supersedes the law against Glove boxes and center consoles? I know it was talked about. |
|||||||||
|
rpyne Regular Member
|
ProtectedBy9mm wrote: So did we ever get a "ruling" on if this law supersedes the law against Glove boxes and center consoles? I know it was talked about. Looks pretty clear to me, the only place glove box or console are mentioned is in the definition of "securely encased": 76-10-501 Definitions . 76-10-504(1) and 76-10-523(1)(g)(ii) are the only places that refer to the definition of "securely encased". If someone is relying on the "securely encased" transport laws, then the console or glove box are still prohibited. The red text pretty much clears up the vehicle part. Since 76-10-523 lists exemptions to weapons laws, it doesn't apply to vehicle carry since it is not illegal under 76-10-504. Basically, where you could get in trouble is if you park your car on the street or in an apartment parking lot and drop your loaded handgun that you had in your car into your pocket to walk to your apartment. In this case, if you don't have a CFP, you would be in violation while you are on the street or common area. |
|||||||||
|
ProtectedBy9mm Regular Member
|
rpyne wrote: ProtectedBy9mm wrote:So did we ever get a "ruling" on if this law supersedes the law against Glove boxes and center consoles? I know it was talked about. Well thats that: My Walther is going to be my designated glove box resident. Hooah thank you rpyne. Last edited on Thu May 14th, 2009 09:26 am by ProtectedBy9mm |
|||||||||
|
mqondo Regular Member 
|
Maybe I completely missed it, but is there a link to the new OC pamphlet? I can see the link to the old pamphlet, but the link doesn't work for me. I'm hoping to get a bunch of these printed up and stashed in the hands of friends and fam, and some in the truck. Thanks ScottyT for all your work, and everybody else for pitching in to the project by the way. |
|||||||||
|
gunsfreak4791 Regular Member
|
Quick question just to throw out to the massess. As I understand you can carry a loaded firearm in your vechicle. What about school zones like the UofU. Sounds like you would need to have a CFP to validate the loaded firearm in your vechicle. Maybe a small loophole in Utah Law. Assuming the firearm never leaves the car. |
|||||||||
|
SGT Jensen State Researcher 
|
No loophole, it is lawful. 76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on or about school premises -- Penalties. (1) A person may not possess any dangerous weapon, firearm, or sawed-off shotgun, as those terms are defined in Section 76-10-501, at a place that the person knows, or has reasonable cause to believe, is on or about school premises as defined in Subsection 76-3-203.2(1). (2) (a) Possession of a dangerous weapon on or about school premises is a class B misdemeanor. (b) Possession of a firearm or sawed-off shotgun on or about school premises is a class A misdemeanor. (3) This section does not apply if: (a) the person is authorized to possess a firearm as provided under Section 53-5-704, 53-5-705, 76-10-511, or 76-10-523, or as otherwise authorized by law; (b) the possession is approved by the responsible school administrator; (c) the item is present or to be used in connection with a lawful, approved activity and is in the possession or under the control of the person responsible for its possession or use; or (d) the possession is: (i) at the person's place of residence or on the person's property; (ii) in any vehicle lawfully under the person's control, other than a vehicle owned by the school or used by the school to transport students; or (iii) at the person's place of business which is not located in the areas described in Subsection 76-3-203.2(1)(a)(i), (ii), or (iv). (4) This section does not prohibit prosecution of a more serious weapons offense that may occur on or about school premises. |
|||||||||
|
rpyne Regular Member
|
Do we have an updated pamphlet yet? I'm not much of a writer, but I am pretty good with layout and editing if help is needed. |
|||||||||
|
blainenay Regular Member 
|
SGT Jensen wrote: No loophole, it is lawful. So this change in Utah law overrides federal restrictions agains guns in school zones for non-permit-holders? How so? |
|||||||||
|
SGT Jensen State Researcher
|
blainenay wrote: So this change in Utah law overrides federal restrictions agains guns in school zones for non-permit-holders? How so? It doesn't. Just because something may be authorized by a State Law, doesn't mean that it negates a federal law. Local cops do not enforce federal laws, and chances are they are not going to hold you there for the feds. According to Utah Law, you may carry a handgun however you wish in your vehicle while in a school zone, regardless of your permit status. According to federal law, you may carry a firearm however you wish in your vehicle while in a school zone, if you are licensed to do so by these state that the school is located in. SEE BLUE But if you are lacking said permit, you must carry the firearm unloaded, and locked up. SEE RED Besides, I don't see how driving around in your own state with a firearm could possibly affest interstate commerce. This is one of the federal laws most people don't worry about too much. And if you do get charged with it? Just get it overturned again at the Supreme Court!
|
|||||||||
|
SGT Jensen State Researcher
|
One more thing. gunsfreak4791 was asking specifically about the U of U. Universities are not restricted under federal law. 18 U.S.C. defines "school" as K-12 schools. Utah just lumps in pretty much any place where you can receiva an education. § 921. — Definitions. |
|||||||||
|
rpyne Regular Member
|
Do we have an updated pamphlet yet? I would sure like to be able to hand out current information. If help is needed getting it produced, I am willing to help. Does someone have the source file(s) for the old one? |
|||||||||
|
ProtectedBy9mm Regular Member
|
rpyne wrote: ...Does someone have the source file(s) for the old one? http://www.thegreshams.net/ucc.com/Utah%20Gun%20Law.pdf  |
|||||||||
|
rpyne Regular Member
|
A pdf is not a source document, it is a final published document. |
|||||||||
|
SGT Jensen State Researcher
|
rpyne wrote: A pdf is not a source document... It can be. |
|||||||||
|
rpyne Regular Member
|
Okay folks, here is my first draft: http://freeutah.org/docs/UtahGunLaw2009b1.pdf Constructive input is invited. |
|||||||||
|
mqondo Regular Member
|
rpyne wrote: Okay folks, here is my first draft:Well done. The only thing I caught on the first time I read it was on the middle section of the page with the picture of Utah on it. The part about the "use of force". U.C.A. 76-2-402. Force in defense of person – Forcible felony defined. “(1) A person is justified inthreatening ............... The part in red should be separated into two words. If I see anything else I'll let you know. |
|||||||||
|
rpyne Regular Member
|
Here is round two: http://freeutah.org/docs/UtahGunLaw2009b2.pdf I fixed the missing space and also corrected references to "concealed weapons permit" to "concealed firearm permit" since that is what Utah issues. |
|||||||||
|
timf343 Campaign Veteran 
|
GREAT pamphlet. Easy to read and understand. My next visit to Utah (3 weeks), I'll be much better prepared to be lawfully armed. Thanks!!!! |
|||||||||
|
SGT Jensen State Researcher
|
Here are my suggestions. You asked. U.C.A. 76-10-500 Uniform Law I would change this to U.C.A. 53-5a-102 Uniform firearm laws since this section is more detailed, and defines public schools as State entities. Under U.C.A. 10-8-47, local governments can regulate the discharge of firearms. I would edit this to read "Under U.C.A. 10-8-47, cities and towns may regulate the discharge of firearms." Local Governments to me would include Counties, and they do not have this authority. So what is the definition of “loaded”? I'm glad you asked! The "I'm glad you asked!" part seems a bit silly, but that is between you and ScottyT. Nobody (even people with a permit) may carry a firearm, openly or concealed: You could include "LDS houses of Worship" here. Just for reference, 53-5-710 is where you can find places that are off limits. Permit holders are exempt from several other firearms laws (see U.C.A. 76-10-523). I not sure that "several" is the right word. The only other 2 laws are "school zones" and "loaded on streets". Since the loaded restriction is already covered in the pamphlet, maybe you could add a small section that explains permit holders are exempt from 76-10-505.5 "school zones". Maybe it coud read like this: U.C.A 76-10-504 Carrying concealed dangerous weapon ONLY individuals who hold a valid Concealed Firearm Permit or Law Enforcement Officers may legally conceal a firearm or dangerous weapon (no sawed-off shotguns or rifles though). U.C.A. 76-10-505.5 Possession of a dangerous weapon, firearm, or sawed-off shotgun on or about school premises ONLY individuals who hold a valid Concealed Firearm Permit or Law Enforcement Officers may legally possess a firearm within 1000 feet of a school. Utah is known as a “shall-issue” state, meaning that concealed firearm permits must be issued to anyone who is over the age of 21, ... I would change the word "anyone" to "an applicant". For more information about obtaining a Concealed Firearm Permit, visit the Bureau of Criminal Identification website at http://bci.utah.gov/ The website has been changed to http://publicsafety.utah.gov/bci/ OTHER RESOURCES: The Utah Code link has changed to http://www.le.utah.gov/UtahCode/title.jsp and the redundant bci.utah.gov could be removed to save space. If you have room to spare, you could add http://www.goutahorg.org/ and http://utahshootingsports.com/ On the second page, the link to the Utah Code in the gray box could be changed. Other than that the second page looks good. (Except for the fact that the map is missing the silhouette of the Utah Lake.) Last edited on Tue Jun 9th, 2009 01:23 pm by SGT Jensen |
|||||||||
|
rpyne Regular Member
|
Here is round three: http://freeutah.org/docs/UtahGunLaw2009b3.pdf As much as I hated to do it, I had to completely eliminate the page on the Right to Bear Arms in order to make all of the additional material fit without needing a microscope to read it. I do agree with the need for more and accurate information. I have been trying to figure out how to squeeze in the stuff about parking lots from SB78. |
|||||||||
|
SGT Jensen State Researcher
|
Looking good, Mr. Pyne!  I like how you keep the older versions available. That way people have a choice in pamphlet. |
|||||||||
|
mqondo Regular Member
|
Thanks for all your hard work rpyne. The pamphlet looks good. |
|||||||||
|
ScottyT Regular Member
|
I do have the new version of Utah Gun Law (pamphlet) ready to go. Who can I email it to so it can be hosted and linked? Sorry I have been such a slacker, life has been interesting to say the least these past few months. |
|||||||||
|
SGT Jensen State Researcher
|
ScottyT wrote: Sorry I have been such a slacker, life has been interesting to say the least these past few months. Feel free to share.  |
|||||||||
|
rpyne Regular Member
|
Here is ScottyT's version of the pamphlet: http://freeutah.org/docs/UtahGunLaw2009st.pdf |
|||||||||
|
rpyne Regular Member
|
bump |
|||||||||
|
Nuttycomputer Regular Member
|
I must have missed this getting released. It looks good. I would only nitpick one thing (Maybe that's because I'm under 21) Since Utah accepts any permit from any state or county 18 year olds could carry a loaded firearm. This is the section on the first page of this pamphlet that I am speaking of:
It specifies you only have to be 18 to carry an unloaded handgun and could be read two ways. The way I initially read it was that until 21 you could only carry unloaded. Like I said it's only a nitpick and the pamphlet is a great asset. Perhaps it could be changed to this for clarity:
This way age doesn't specify concealed carry or open carry and the rest of the pamphlet describes the applicable laws. Last edited on Thu Jul 2nd, 2009 04:18 pm by Nuttycomputer |
|||||||||
|
MudPounder Banned
|
Nuttycomputer wrote: I must have missed this getting released. It looks good. I would only nitpick one thing (Maybe that's because I'm under 21) where can I purchase this bible? is it at deseret book? Is it MTC material? |
|||||||||
|
mqondo Regular Member
|
MudPounder wrote:Where can I purchase this bible? is it at deseret book? Is it MTC material?If you are referring to the OC pamphlet, it is completely free, and you can download it here, and make copies. http://freeutah.org/docs/UtahGunLaw2009st.pdf Last edited on Mon Jul 6th, 2009 06:41 am by mqondo |
|||||||||
|
rpyne Regular Member
|
Or you can choose among a few different versions: http://freeutah.org/docs/UtahGunLaw2009b2.pdf http://freeutah.org/docs/UtahGunLaw2009b3.pdf http://freeutah.org/docs/UtahGunLaw2009st.pdf |
|||||||||
|
rpyne Regular Member
|
bump |
|||||||||
|
rpyne Regular Member
|
btt |
|||||||||
|
rpyne Regular Member
|
coolusername2007 from the California forum has produced a great Open Carry & The 2nd Amendment brochure. The tread is here: http://opencarry.mywowbb.com/forum12/30635.html and the brochure is here: http://opencarry.mywowbb.com/attachment.php?id=7727 |
|||||||||
|
crossbreed Regular Member
|
ooh ooooh oooooh can I schedule the first discussions and shcedule to be baptized? LOL |
|||||||||
|
thx997303 Regular Member 
|
What? |
|||||||||
|
gunsfreak4791 Regular Member
|
crossbreed wrote: ooh ooooh oooooh can I schedule the first discussions and shcedule to be baptized? Thats random |
|||||||||
|
thx997303 Regular Member
|
I think it was a crack at the OC bible comment that pounder made. |
|||||||||
|
rpyne Regular Member
|
Don't feed the trolls. |
|||||||||
|
crossbreed Regular Member
|
rpyne wrote: Don't feed the trolls. so many hungry trolls...hahahahhahaha |
|||||||||
|
mqondo Regular Member
|
bump |
|||||||||