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Discussion Starter · #1 ·
Here is what the BCI website says.
http://bci.utah.gov/CFP/CFLCarry.html

It is unlawful to carry a firearm while under the influence of alcohol or a controlled substance with or without a permit.

CARRYING IN VEHICLES

Only a peace officer in the performance of his duty or a person with a valid permit to carry may carry a loaded firearm in a vehicle.

Can't you Conceal Carry in a vehicle, loaded?
Define "under the influence". I was told in class that the DUI legal limit was the rule. So if you can't drive you can't carry. But BCI say's under the influence! I know it's bad juju to go have 2-4 while carrying, but having one with dinner at a resturaunt??? Any ideas on this.
 

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scuba_steve said:
Can't you Conceal Carry in a vehicle, loaded?
Only if you have a CFP. Otherwise, you must unload the gun and "securely encase" it, meaning put it in a case that has some closure device (latch, zipper, lock, etc.). "Unloaded" here has the same meaning as when you're carrying the gun -- at least two actions from firing, no round in firing position.
 

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76-10-528. Carrying a dangerous weapon while under influence of alcohol or drugs unlawful.
(1) Any person who carries a dangerous weapon while under the influence of alcohol or a controlled substance as defined in Section 58-37-2 is guilty of a class B misdemeanor. Under the influence means the same level of influence or blood or breath alcohol concentration as provided in Subsections 41-6a-502(1)(a)(i) through (iii).
(2) It is not a defense to prosecution under this section that the person:
(a) is licensed in the pursuit of wildlife of any kind; or
(b) has a valid permit to carry a concealed firearm.

41-6a-502. Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration.
(1) A person may not operate or be in actual physical control of a vehicle within this state if the person:
(a) has sufficient alcohol in the person's body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
(b) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or
(c) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control.
(2) Alcohol concentration in the blood shall be based upon grams of alcohol per 100 milliliters of blood, and alcohol concentration in the breath shall be based upon grams of alcohol per 210 liters of breath.
(3) A violation of this section includes a violation under a local ordinance similar to this section adopted in compliance with Section 41-6a-510.
 

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Discussion Starter · #4 ·
I understand that to conceal carry you need a permit. I was just thrown off a little bit by the "under the influence" statement. You could have one beer and be under the influence of alcohol.

Thanks for the info. It is clear in the laws but not the BCI website. I just want to fly straight and not get into any trouble.

I think my permit should arrive any day!!!!
 

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swillden said:
scuba_steve said:
Can't you Conceal Carry in a vehicle, loaded?
Only if you have a CFP. Otherwise, you must unload the gun and "securely encase" it, meaning put it in a case that has some closure device (latch, zipper, lock, etc.). "Unloaded" here has the same meaning as when you're carrying the gun -- at least two actions from firing, no round in firing position.
Not ENTIRELY true. We talked to Clark Aposhian (Ph# 801-560-4836) at the last Dinner @ Sweet Tomatoe and we asked about car carry for NON-PERMIT holders and he said that that you can have it UNloaded either on the passenger seat or even on the dash. On the way home I saw JTKnives (he is on the OpenCarry.org) placing his firearm on the dash :dancing:

Good Luck OPEN CARRYING boys,

TJ
 

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scuba_steve said:
I understand that to conceal carry you need a permit. I was just thrown off a little bit by the "under the influence" statement. You could have one beer and be under the influence of alcohol.

Thanks for the info. It is clear in the laws but not the BCI website. I just want to fly straight and not get into any trouble.

I think my permit should arrive any day!!!!
You can still CC after drinking long as it is under the limit of .08 OR if you have a child in the car it is .04.
 

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I researched this last Nov before my permit had come in and this was my understanding as well... provided that the gun is "UNLOADED", you can keep the gun uncased and up-front with you so long as it remains IN PLAIN VIEW... which is, of course, pretty risky though...
 

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Outsider said:
scuba_steve said:
I understand that to conceal carry you need a permit. I was just thrown off a little bit by the "under the influence" statement. You could have one beer and be under the influence of alcohol.

Thanks for the info. It is clear in the laws but not the BCI website. I just want to fly straight and not get into any trouble.

I think my permit should arrive any day!!!!
You can still CC after drinking long as it is under the limit of .08 OR if you have a child in the car it is .04.
You need to remember that a person can be "under the influence" at lower level than .08.

I would say that a beer or too is ok, but yet a risky business.

Can you imagine being pulled over. Breath smells of beer, you carry...while driving.

I have been having a LEO pointing his gun at me while SOBER and PEACEABLY walking down the street while OCing.

I can just imaging the above scenario :shock:

TJ
 

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UTOC-45-44 said:
We talked to Clark Aposhian (Ph# 801-560-4836) at the last Dinner @ Sweet Tomatoe and we asked about car carry for NON-PERMIT holders and he said that that you can have it UNloaded either on the passenger seat or even on the dash.
Yes, but the question was about concealed carry in a vehicle, not open carry.
 

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Outsider said:
scuba_steve said:
I understand that to conceal carry you need a permit. I was just thrown off a little bit by the "under the influence" statement. You could have one beer and be under the influence of alcohol.

Thanks for the info. It is clear in the laws but not the BCI website. I just want to fly straight and not get into any trouble.

I think my permit should arrive any day!!!!
You can still CC after drinking long as it is under the limit of .08 OR if you have a child in the car it is .04.
That is correct, as I read the law.
 
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