[UTOC-45-44]

What are the Specifics when it comes to Knives etc to carry on a Person. In the State of Utah we have a Concealed Firearms Permit but does this "Permit" also cover Knives of Greater lengths than a "pocket-knife"???

Anyone knows anything???

 

[ebrinton]

I may be totally wrong here, but this is what I remember from my concealed carry class. Even thought it's a concealed firearm permit, it only applies to handguns (not rifles, shotguns, knives, nunchuks, etc.). Furthermore, you don't even have to have the handguns concealed. There is also no limit on the number of handguns you can have on your person. So it should really be called a "permit to carry handguns."

 

[apollosmith]

The CFP specifically allows concealed dangerous weapons that are not guns. The law differentiates "concealed dangerous weapons" that are guns (1b) and those that are not (1a) - http://utahshootingsports.com/utahlaws.htm#76-10-504

If you read this directly, it indicates that NOBODY can carry a concealed dangerous weapon that is a gun or not a gun. And this is true, until you read the exemptions - http://utahshootingsports.com/utahlaws.htm#76-10-523
Notice that the CFP exemption (item 2) specifically applies to both 1a (knives, etc.) and 1b (guns) of the previous statute.

 

[UTOC-45-44]

The CFP specifically allows concealed dangerous weapons that are not guns. The law differentiates "concealed dangerous weapons" that are guns (1b) and those that are not (1a) - http://utahshootingsports.com/utahlaws.htm#76-10-504

If you read this directly, it indicates that NOBODY can carry a concealed dangerous weapon that is a gun or not a gun. And this is true, until you read the exemptions - http://utahshootingsports.com/utahlaws.htm#76-10-523
Notice that the CFP exemption (item 2) specifically applies to both 1a (knives, etc.) and 1b (guns) of the previous statute.

Thanks.

From what I then understand is that I CAN carry a knife other than a "pocket" knife on my hip. I don't then know if Utah has a "length" law. Do we ???

Anyone know ???

 

[Cinhil]

Technically with a concealed permit you may even carry a sword without worry--but if stopped by an officer you should disclose. Packing.org had a good section on this but that sight died. Go to BCI websight, I believe it is all there, or laid out in the statute.

 

[apollosmith]

Thanks.

From what I then understand is that I CAN carry a knife other than a "pocket" knife on my hip. I don't then know if Utah has a "length" law. Do we ???

Anyone know ???

There's nothing in Utah law about blade length. Well, kinda. The length of the blade could be used in determining if it is a 'dangerous' weapon - http://utahshootingsports.com/utahlaws.htm#76-10-501 (see item #3). If it IS a dangerous weapon, it must be visible if you do not have a CFP.

In Utah, you can pretty much carry anything you want as long as it is visible, not sawed off, and you're not in a secure area or a school. If you have a CFP, the same applies, except you can now carry in schools and can have it concealed.

At least that's how I understand it. Just remember that federal laws may come into play for certain weapon types.

 

[Hunter]

If you are carrying a knife for defense then you do need a CCW. You can still carry a pocket knife if it's main purpose is for it be used as a tool.

 

[apollosmith]

If you are carrying a knife for defense then you do need a CCW. You can still carry a knife if it's main purpose is for it be used as a tool.

Where does it indicate this in the law? I'm not doubting you, but I would like to know where this is documented because I don't see it anywhere. If this is true, wouldn't open carry also be illegal?

 

[Cinhil]

Knives like guns, hammers, needles, pliers, screwdrivers etc. ad infinitum are all tools. We as human beings have that one distinction which places us above all animals, that is that we create tools which, in essence, we create in order to survive. This is true whether we are building a raft, a house or hunting. Thus the simple fact we are carrying at all means we are carrying a tool which enables us to accomplish tasks otherwise too difficult for us to do without them. I sure am glad that God provided us hands and brains so we could responsibly create and use tools to the betterment of self and the human family.

 

[Hunter]

How it has been explained to me and the general standard we use at our PD to decide if the line has been crossed is the stated purpose of the item, the practical purpose they are claiming the item is used for, and the over all circumstances surrounding the incident.

Practially speaking, there generally isn't much reason to carry, and then claim that five inch concealed sheath knife is a tool and not meant for personal defense. However, a hunting or fishing trip could be a good reason to have one on you, but again this would depend on the stated and practical purpose for the knife, and the over all circumstances surrounding the incident.

Also many a person has been arrested for Carrying a Concealed Weapon when they stated the concealed screw driver, ice pick, box cutter, awl, or other such item they were carrying was meant for personal defense, and they didn't have a CCW.

It comes back to the the part of 76-1-601 which defines a "Dangerous Weapon" (5) "Dangerous weapon" means:
(a) any item capable of causing death or serious bodily injury; or
(b) a facsimile or representation of the item; and:
(i) the actor's use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury;

Most everyone carrys some type of concealed item on them that is capable of causing death or serious bodily injury. For example, those some what sharp metal serrated pieces in your pocket, also known as "keys", can cut, and if done so in the right place, can cause death or serious bodily injury. That five inch long tool with a sharp point at the end, also known as a "pen" or "penicl", can cause death or serious bodily injury if it is used to stab someone in the right place or enough times.

Again it cames back to to what and how you are carrying, and the practical or stated purpose for the item you are carrying in the given circumstances surrounding the incident you are involved in.

Hope this makes sense and answers more questions than it casues.

 

[apollosmith]

It comes back to the the part of 76-1-601 which defines a "Dangerous Weapon" (5) "Dangerous weapon" means:
(a) any item capable of causing death or serious bodily injury; or
(b) a facsimile or representation of the item; and:
(i) the actor's use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury;

Hope this makes sense and answers more questions than it casues.

That does clarify a bit. The thing is, there is no place in Utah law that says you can't carry a dangerous weapon that is NOT concealed. In other words, I can legally carry a sword around town or a 14" hunting knife or an unloaded pistol or nunchuks, etc. without any legal ramifications. Now if I conceal this weapon or carry it in schools or use it to threaten someone, etc., I'm breaking the law. But there's no place that says I can't carry it in public in a non-concealed way. Or at least I haven't found anything stating this.

 

[Hunter]

It comes back to the the part of 76-1-601 which defines a "Dangerous Weapon" (5) "Dangerous weapon" means:
(a) any item capable of causing death or serious bodily injury; or
(b) a facsimile or representation of the item; and:
(i) the actor's use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury;

Hope this makes sense and answers more questions than it casues.

That does clarify a bit. The thing is, there is no place in Utah law that says you can't carry a dangerous weapon that is NOT concealed. In other words, I can legally carry a sword around town or a 14" hunting knife or an unloaded pistol or nunchuks, etc. without any legal ramifications. Now if I conceal this weapon or carry it in schools or use it to threaten someone, etc., I'm breaking the law. But there's no place that says I can't carry it in public in a non-concealed way. Or at least I haven't found anything stating this.

Depending on the circumstances involved, you may not be arrested for a Weapons Violation, but you could still be arrested for Disorderly Conduct.

76-9-102. Disorderly conduct.
(1) A person is guilty of disorderly conduct if:
(a) he refuses to comply with the lawful order of the police to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or
(b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he:
(i) engages in fighting or in violent, tumultuous, or threatening behavior;
(ii) makes unreasonable noises in a public place;
(iii) makes unreasonable noises in a private place which can be heard in a public place; or
(iv) obstructs vehicular or pedestrian traffic.
(2) "Public place," for the purpose of this section, means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
(3) Disorderly conduct is a class C misdemeanor if the offense continues after a request by a person to desist. Otherwise it is an infraction.

 

[apollosmith]

Absolutely, Hunter. This one applies about anywhere. It's more than just carrying a weapon, but how you carry it and your demeanor, etc. that can influence this.

Unfortunately, disorderly conduct can sometimes be used as an excuse to infringe upon our rights to carry. I know a man was arrested in Logan for open carrying in Smith's and they charged him with disorderly conduct just for legally carrying and that seems a bit wrong to me.

 

[UTOC-45-44]

Technically with a concealed permit you may even carry a sword without worry--but if stopped by an officer you should disclose. Packing.org had a good section on this but that sight died. Go to BCI websight, I believe it is all there, or laid out in the statute.

Utah Code -- Title 76

76-10-501. Definitions.

9) (a) "Firearm" means a pistol, revolver, shotgun, sawed-off shotgun, rifle or sawed-off rifle, or any device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive.

The Utah Permit is a CONCEALED FIREARMS PERMIT, so therefore we are not able to conceal any other weapon. Therefore if we did we could be arrested for concealing a Dangerous Weapon since that is not within the statue of our Concealed Firearms Permit

 

[Jeff Johnson]

...
The Utah Permit is a CONCEALED FIREARMS PERMIT, so therefore we are not able to conceal any other weapon. Therefore if we did we could be arrested for concealing a Dangerous Weapon since that is not within the statue of our Concealed Firearms Permit

Actually, not so. It is a common misconception that since it is called a Concealed Firearm Permit, that it only pertains to firearms.

Check the letter you received from BCI when you were issued your permit. It spells out what sections of law we are exempt from with a permit. In that letter (at least it was in mine), you will find that it says the following:

...
A concealed firearm permit only exempts you from Subsection 76-10-504(1)(a),1(b), Utah code Annotated, "Carrying Concealed Firearms". Section 76-10-505, Utah code Annotated, carrying a loaded firearm in a vehicle or on the street" and section 76-10-505.5, Utah code Annotated, possession of a dangerous weapon on or about school premises."
...

From what I can tell, they base the above on two sections of code:

• U.C.A. 76-10-523. Persons exempt from weapons laws.[/*]
• U.C.A. 76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on or about school premises -- Penalties.[/*]

Let's at least examine that first section and the referenced sections showing exemptions:

In U.C.A. 76-10-523, you will find the following paragraph:

...
(2) The provisions of Subsections 76-10-504(1)(a), (1)(b), and Section 76-10-505 do not apply to any person to whom a permit to carry a concealed firearm has been issued:
...

Therefore, we are exempt from the following subsections:

• U.C.A. 76-10-504. Carrying concealed dangerous weapon -- Penalties.[/*]
• U.C.A. 76-10-505. Carrying loaded firearm in vehicle or on street.[/*]
• U.C.A. 76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on or about school premises -- Penalties.[/*]

That first one contains the following:

76-10-504. Carrying concealed dangerous weapon -- Penalties.
(1) Except as provided in Section 76-10-503 and in Subsections (2) and (3):
(a) a person who carries a concealed dangerous weapon, as defined in Section 76-10-501, which is not a firearm on his person or one that is readily accessible for immediate use which is not securely encased, as defined in this part, in a place other than his residence, property, or business under his control is guilty of a class B misdemeanor; and
(b) a person without a valid concealed firearm permit who carries a concealed dangerous weapon which is a firearm and that contains no ammunition is guilty of a class B misdemeanor, but if the firearm contains ammunition the person is guilty of a class A misdemeanor.
...

Note that (1)(a) regulates concealed dangerous weapons that are not firearms. We CFP-holders are exempt from that section and so are perfectly legal to carry non-firearm dangerous weapons concealed (assuming that they are not items that are separately banned, like sawed-off shotguns are).

For a handy resource for links to Utah and Federal laws online, visit this thread: Handy links to Utah and Federal gun laws online

 

[UTOC-45-44]

"We CFP-holders are exempt from that section and so are perfectly legal to carry non-firearm dangerous weapons concealed (assuming that they are not items that are separately banned, like sawed-off shotguns are). "

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Utah Code Section 76-10-505.576-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on or about school premises -- Penalties. ...
www.le.state.ut.us/~code/TITLE76/htm/76_0C035.htm - 4k - Cached - Similar pages

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.

Amended by Chapter 203, 2003 General Session
Download Code Section Zipped WP 6/7/8 76_0C035.ZIP 2,551 Bytes

--------------------------------------------------------------------------------
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page

Last revised: Thursday, July 19, 2007 (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.

Amended by Chapter 203, 2003 General Session
Download Code Section Zipped WP 6/7/8 76_0C035.ZIP 2,551 Bytes

--------------------------------------------------------------------------------
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page

Last revised: Thursday, July 19, 2007

-----------------------------------------------------------------------------------

I refer to the lines that I will extract as to the legality that as a Permit holder we can even carry a sawed-off Shotgun or Rifle both on or of School grounds.

"(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)"....

..."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;"...

As a CFP holder we are "as otherwise authorized by law" since BCI is the the Law.

Carry on and I will this weekend look for a Knife to carry as well. Probably 4 inch Blade.

 

[Guest]

Again it cames back to to what and how you are carrying, and the practical or stated purpose for the item you are carrying in the given circumstances surrounding the incident you are involved in.

Hope this makes sense and answers more questions than it casues.

It really doesn't. There's so much subjectivity here, it's scary.

 

[Jeff Johnson]

...
As a CFP holder we are "as otherwise authorized by law" since BCI is the the Law.
...

Ah, but Utah code isn't the only code that regulates firearms.

A shotgun with a barrel length of less than 18 inches is illegal under Federal law, and possession of such is a felony. That was the excuse the Feds used for surrounding Randy Weaver and his family in his remote cabin at Ruby Ridge, Idaho, during which an FBI sniper killed Randy's wife, Vicki Weaver while she was holding their baby. This was a dark day in U.S. history.

See the following:

26 U.S.C. Chapter 53, § 5845. Definitions

...
For the purpose of this chapterâ€"
(a) Firearm
The term “firearm” means
(1) a shotgun having a barrel or barrels of less than 18 inches in length;
...

18 U.S.C. §922. Unlawful acts

(a) It shall be unlawful-
...
(4) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, to transport in interstate or foreign commerce any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity;
...

I'm not an attorney, and don't know if I'm quoting the most pertinent sections of Federal code. However, don't become a felon by believing that a Utah CFP makes it legal for you to carry a sawed-off shotgun. It doesn't.

 

[bane]

That was the excuse the Feds used for surrounding Randy Weaver and his family in his remote cabin at Ruby Ridge, Idaho, during which an FBI sniper killed Randy's wife, Vicki Weaver while she was holding their baby. This was a dark day in U.S. history.

I remember that day too... my family spent a lot of time in front of the TV watching that whole thing develop... there's an argument to be made for situations like Waco but the one in ID was a total immorality... truly sad...

 

[Jeff Johnson]

I've been looking at this further, and here's more regarding sawed-off shotguns:

As I stated earlier in this thread:

...
A concealed firearm permit only exempts you from Subsection 76-10-504(1)(a),1(b), Utah code Annotated, "Carrying Concealed Firearms". Section 76-10-505, Utah code Annotated, carrying a loaded firearm in a vehicle or on the street" and section 76-10-505.5, Utah code Annotated, possession of a dangerous weapon on or about school premises."
...

Now examine the following code:

U.C.A. 76-10-523. Persons exempt from weapons laws.
(1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to any of the following:
...
(2) The provisions of Subsections 76-10-504(1)(a), (1)(b), and Section 76-10-505 do not apply to any person to whom a permit to carry a concealed firearm has been issued:

(emphasis added)

Notice that in U.C.A 76-10-523, we are only exempt from 76-10-504(1)(a), (1)(b), which does not include 76-10-504(2):

76-10-504(2)
(2) A person who carries concealed a sawed-off shotgun or a sawed-off rifle is guilty of a second degree felony.

If you carry or possess a sawed-off shotgun, you are committing a 2nd degree felony by Utah statutes. You're in trouble from both the state and the Feds.

Be safe and legal out there.