UCChris said:
First, a little background. I already posted in the "Introduce Yourself" area, but I think it got deleted in the website update thingy. Anyway, I'm 18 years old and recently acquired a firearm of the concealable variety in a private transaction. I have a couple questions before I go around with it strapped to my side.
1) Can I open carry a pistol in Utah as an 18 year old?
First, welcome and congrats. And thanks for looking for info before carrying. I highly suggest you go ahead and take the concealed carry course even though you can't yet get a Utah permit. The course is primarily about Utah law relative to carrying and the use of deadly force. We have several instructors on the forum and I can make introductions to a couple of others not on the forum if desired.
I am not a lawyer, this isn't legal advice, and if something goes wrong, it will be you in jail, not me.
But, that said, here is my best understanding...
Assuming you are not a "prohibited person" then yes as long as you adhere to other legal requirements. Prohibited person (effectively) means no felonies, no domestic violence misdemeanors, not a drug addict, not under the influence of or not in possession of any illicit drugs nor impaired by any drugs (legal or otherwise), never been adjudicated mentally incompetent. Some of these prohibitions are explicit in making you prohibited, others are not a lifetime ban, but effective in the moment. IE, don't carry while impaired by pain meds your doctor prescribes after surgery, but once you are not taking those, you are fine.
UCChris said:
2) Assuming that answer to 1 is yes, where would I be prohibited? I already understand no federal buildings (courthouses, post office, federal banks, etc)
In addition to federal facilities including National Park visitor centers, federal courthouses, post offices, military reservations, etc (and banks are not federal facilities, but I personally recommend against OCing into them unless you are personally well known) the list of off limit locations in Utah is fairly short:
Court houses (not technically off limits per law, but off limits per judicial "contempt of court" power. Same effective result for us, no guns).
Jails and prison.
The secure area of mental hospitals.
The secure area of the airport. Baggage claim and ticketing are ok. Do not attempt to go through the metal detectors.
Any private residence or house of worship that "gives notice" in one of several ways including signage or personal communication. Churches may also give notice via public notice in the paper every year and then being listed on the BCI webpage. All LDS houses of worship and a couple of other churches have given notice one way or another. Several churches have not given notice, though most prefer concealed carry rather than OC.
(Holding a permit to carry does not exempt you from the above.)
Buses and trains.
Under State law, the grounds and buildings of any preschool, K-12 school, or post-secondary school (includes colleges, universities, tech schools, and vocational schools including the hair salon in the strip mall that gives low cost hair cuts). If you are committing some other crime within 1000' of any of these, the presence of your otherwise legal gun becomes another crime.
You will need to double check on what limits there are on carrying a gun while hunting, if the gun can't be used on that hunt (such as when bow or black powder hunting).
(Holding any valid permit exempts you from the above as well as from the ban on concealed carry and the ban on carrying fully loaded.)
Under federal law, the grounds and buildings of any K-12 school, plus 1000' out from the edge of school property in all directions. In an urban area it is all but impossible not to violate this law unless you have a Utah permit to carry or keep the gun in your car.
(Only a permit issued by the State in which the school resides will exempt you from this law.)
UCChris said:
3) Also assuming a yes to question 1, I must always keep the gun two stages away from firing yes? Rack slide, fire.
The gun must be kept legally not "loaded". That means no round in firing position (regardless of whether that specific round could be fired normally) and no round such that the single actuation of any mechanism once will cause it to fire, per
URS 76-10-502. In practical terms, for a semi-auto, this means no round in the chamber, but a fully charged magazine can be in the firearm. For revolvers it is a bit more complex.
Now, for a list of places not off limits:
Businesses that post "no gun" signs. These are private policies and violation is a private matter. Refusal to leave when asked, or returning after asked not to return may result in trespassing charges or some civil action.
This includes your place of employment unless you work in a legally defined secure area. It is not illegal to violate your bosses "no gun" policy. But it is also perfectly legal for him to fire you for doing so. We do have parking lot preemption which protects you from adverse employment action so long as the gun is in your car, out of sight, and the car locked when you are not with it, even if you park in your employer's parking and they have a no-gun policy. The protection does not cover religious employment or certain other limited cases.
Bars (moot point for you) or restaurants that serve alcohol. Perfectly legal to take your gun into these and (when of age) even to imbibe if you so choose. You may not be intoxicated and in possession of a gun. Many will encourage you to avoid all alcohol consumption when carrying and that is a fine personal policy, but not legally required once you are legally able to drink.
Again, I highly encourage you to take the Utah concealed carry course and then read the laws yourself. It will be your butt on the line if you screw up so be sure you are familiar with the laws.
Again, welcome and best of luck.
Charles