[doconix]

I have my Utah concealed weapons permit. I know that it allows me to carry a loaded weapon concealed (one in the chamber). I also know that I can carry openly just like any other resident.

My question: if I am carrying openly (with my CFP), can my gun be loaded? Or do I have to abide by the regular open carry laws (two actions to firing)?

Thanks in advance.

 

[Mr. Magnum]

If you have your permit, you can OC loaded.

I'm sure the others will chime-in shortly, but I'm pretty sure that's the right answer.

 

[bane]

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;
(b) on any public street; or
(c) in a posted prohibited area.
(2) A violation of this section is a class B misdemeanor.

So, a person may not carry a loaded firearm, "UNLESS OTHERWISE AUTHORIZED BY LAW" -- with your CC permit, you HAVE BEEN AUTHORIZED BY LAW to carry a loaded firearm. Notice it doesn't say anything here about being concealed or not.

I also have noticed something new in this law that seems to corroborate the argument that I and a few others have been making in other threads. Notice item 1(c). To me, that reads that I may not carry a loaded firearm (in those places listed above, including "in a posted prohibited area"), "UNLESS OTHERWISE AUTHORIZED BY LAW". A CC holder, by my reading of this, is then entitled to carry a loaded weapon in those places listed above. So I guess the question is what is meant by "a posted prohibited area". Well, we know the gov't can't post such things except for certain specific areas delineated by law (which even a CC'er can't carry in those places)... however, since this law is stating that a CC'er *CAN* carry in those places, then this must be that "private property for public use" that we have been discussing in other threads.

????

 

[tapehoser]

Mr. is right.

With a CFP you may legally carry 'HOT'. Meaning: one in the chamber.

 

[bane]

Mr. is right.

Interesting choice of addressing someone... I'm curious, what radio station do you listen to in the morning (if any)???

 

[tapehoser]

The one and only 101.9 The End. 8)

 

[bane]

HAHA! I thought so! I'm absolutely addicted to that station, I literally can't get enough some days. In fact, it was Chunga's brief mentions of his CC permit that got me into thinking about getting one; up to that point I had only been meaning to get a handgun for the home and for fun.

 

[James]

A posted prohibited area?

I believe this applies to those private owners who have registered with the State as "No Gun" areas. Many Churches are in this category. However they are required to post a sign on the entrance saying "No Guns". I have yet to see such a sign on a church. I wonder if they can make it stick if they don't post the signs?

I for one don't want to risk losing my CFP by testing this, so I don't pack in church.

Funny, there is a NO GUN sign inside the local post office, but it should be on the door don't you think? Any way the PO is a no gun area since it is a federal building. I am sure we all know that you don't pack in a post office?

I packed open for many years, without a CFP, but always used the legal definition of loaded. I still think open carry is good if you are out hunting or fishing, or in some of the small rural communities where guns are commonly seen, but probably not a good idea for around a larger city.

Is open carry legal when fully loaded with a CFP? Some argue it is not. The LEO who was my CFP instructor, said, "When you have a Concealed Carry Permit that means carry cancealed!" He was of the opinion it was required by law to conceal the gun.

I am no lawyer, but I can't see where it says that in the current law.

 

[Kevin Jensen]

I openly carry every day! I rarely CC. Open carry in Utah is legal with or without a permit. Without a permit, the weapon must not be loaded, full mag is OK. With a permit, you may carry fully loaded, openly or concealed. There is no law stating that a permit holder must conceal. Open carry is legal because there is no law prohibiting it.

 

[apollosmith]

Many Churches are in this category.

No, only one church is in this category - the LDS church.

However they are required to post a sign on the entrance saying "No Guns". I have yet to see such a sign on a church. I wonder if they can make it stick if they don't post the signs?

No, they are not required to post signs. They only have to inform the public. This can constitute the letters they've read in congregations, posted in newspapers, etc. This ONLY applies to LDS churches (and any other church if they were to take the necessary actions, but none have).

I for one don't want to risk losing my CFP by testing this, so I don't pack in church.

Even if you were caught, it is only an infraction and you cannot lose your CFP for a single infraction.

Any way the PO is a no gun area since it is a federal building. I am sure we all know that you don't pack in a post office?

This one's a bit tricky. It actually is not clear that it is illegal. The post office policy says, "unless otherwise legal to do so" you can't carry. This is to allow LEOs to carry there. Well, if I have a permit, it is also legal for me to carry. But, this has not yet been tested in the courts, so nobody really knows if it's illegal.

But, concealed is concealed, right?

Is open carry legal when fully loaded with a CFP? Some argue it is not. The LEO who was my CFP instructor, said, "When you have a Concealed Carry Permit that means carry cancealed!" He was of the opinion it was required by law to conceal the gun.

It is perfectly legal to open carry fully loaded with a CFP. The attorney general has been asked for clarification on this matter, but in reading the law and the BCI web site, it is not illegal, thus making it perfectly legal.

 

[Jeff Johnson]

If you carefully read the statute about carry in churches, you can understand the methods in which churches are allowed to ban the carry of concealed firearms. See the following link:
76-10-530. Trespass with a firearm in a house of worship or private residence -- Notice -- Penalty.

A church can prominently post signs at entrances that are likely to come to the attention of people entering the building. However there are other ways to legally invoke the ban. Read through the statute. This has also been discussed in detail here in this forum.

 

[apollosmith]

I just reread my last message and I think it came across a bit harsh. Apologies if I seemed to be attacking you James. It wasn't the intention. It is, however, very important that incorrect statements and hearsay not be propagated especially considering the gravity of possible mistakes and the lack of legal leeway regarding concealed carry.