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, unless:
(i) the vehicle is in the person's lawful possession; or
(ii) the person is carrying the loaded firearm in a vehicle with the consent of the person lawfully in possession of the vehicle;
(b) on a public street; or
(c) in a posted prohibited area.
(2) Subsection (1)(a) does not apply to a minor under 18 years of age, since a minor under 18 years of age may not carry a loaded firearm in or on a vehicle.
(3) Notwithstanding Subsection (1)(a)(i) and (ii), a person may not possess a loaded rifle, shotgun, or muzzle-loading rifle in a vehicle.
(4) A violation of this section is a class B misdemeanor.
I would like to get this law clarified as I have also heard of St George PD doing the same thing. I intend to send a letter to Representative Sandstrom (as the original sponsor of this otherwise phenomenal bill) suggesting that he propose a new bill in the 2010 session to fix this issue. Tell me what you guys think about this -
I wanted to thank you for the effort you put forth to pass HB 357 (firearms ammendments) in the 2009 legislative session. However, I am concerned that the intent of the bill is not being realized. It is my understanding that some police departments (Lehi and St George for example) are using 76-10-505(1)(b) to prevent law abiding citizens from carrying loaded firearms in their vehicles because they are being operated on "a public street". I believe this section is in need of clarification to prevent police departments from interpreting the law in this way. I do not live in your district but I felt I should inform you of this as you were the original sponsor of this bill. I will also be sending this to Senator Niederhauser and Representative Hughes. Thank you for your time and consideration.
Thanks in advance,