[daveyG]

What ways can i legally transport a weapon without a carry licsense. I've been told different things. At a local gun shop i was told that I could transport with a pistol loaded in my glove box as long as it is not in arms reach. I've also been told by an officer that this is Ok as long as the weapon is not loaded and it takes 3 actions to fire. I have also been told that both of these are wrong and i am to keep the weapon and ammunition locked in seperate parts of the car. Also do i have to announce to an officer in a traffic stop that i have a weapon in the car if I'm not carrying it on my person.
thank you for your help!

Dave.

 

[tapehoser]

Both are wrong.

If not a CFP holder you must keep the gun locked up and inaccessible in your car, i.e. trunk. As for carrying the weapon once you stop and get out of the car, you may carry the pistol OPENLY and it must take 2 actions to fire that pistol.

 

[Jeff Johnson]

Actually, you can openly carry an unloaded gun in your car. I recall reading about a court case where a guy was prosecuted because there was a newspaper or magazine over the gun on the passenger seat, thereby making it a concealed weapon. But having an unloaded gun plainly visible on the passenger seat is perfectly legal.

I wish that we could get a good car-carry bill passed.

BTW, note my signature below. I am not a lawyer.

p.s. This is a good reason to get your CFP. Then you're perfectly legal to carry a load or unloaded gun openly or concealed in your car.

 

[Dustin WJ]

So, can a non-CFP holder carry a gun with an empty chamber on their hip (openly) while driving?

 

[Jeff Johnson]

The question might be ... would some LEO (and prosecutor) consider it sort of concealed if it is not readily visible from where the officer is standing? I don't know. As I said, I'm not a lawyer.

I would say reduce your risk; get a CFP, then carry with confidence.

 

[XD_EE]

76-10-502. When weapon deemed loaded.

(1) For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position.
(2) Pistols and revolvers shall also be deemed to be loaded when an unexpended cartridge, shell, or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired.
(3) A muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.

76-10-501. Definitions.
... (b) A dangerous weapon shall not be considered a concealed dangerous weapon if it is a firearm which is unloaded and is securely encased. ...

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.

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:
(a) a United States marshal;
(b) a federal official required to carry a firearm;
(c) a peace officer of this or any other jurisdiction;
(d) a law enforcement official as defined and qualified under Section 53-5-711;
(e) a judge as defined and qualified under Section 53-5-711;
(f) a common carrier while engaged in the regular and ordinary transport of firearms as merchandise; or
(g) a nonresident traveling in or through the state, provided that any firearm is:
(i) unloaded; and
(ii) securely encased as defined in Section 76-10-501.
(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:
(a) pursuant to Section 53-5-704; or
(b) by another state or county.

53-5-710. Cross-references to concealed firearm permit restrictions.

A person with a permit to carry a concealed firearm may not carry a concealed firearm in the following locations:
(1) any secure area prescribed in Section 76-10-523.5 in which firearms are prohibited and notice of the prohibition posted;
(2) in any airport secure area as provided in Section 76-10-529; or
(3) in any house of worship or in any private residence where dangerous weapons are prohibited as provided in Section 76-10-530.

Judge for yourself. I think it is pretty clear. On the other hand... I am not a lawyer... :taz:

 

[XD_EE]

I'll spell out what I see:

- Unloaded means that the firearm is two actions from firing.
- A firearm is not considered a dangerous weapon if it is "securly encased".
- You may not carry a concealed firearm if you do not have a CFP.
- You may not carry a loaded firearm in your car if you do not have a CFP.

Of course, this is just a brief list...

IANAL

:wink:

 

[tapehoser]

So I stand corrected. You may carry an UNLOADED firearm on your hip in a car while NOT a CFP holder.

 

[XD_EE]

So I stand corrected. You may carry an UNLOADED firearm on your hip in a car while NOT a CFP holder.

I hope you didn't derive this from my post. If it were me without a CFP, I would not carry a firearm on my person in the car. It would be unloaded and securely encased as defined by utah law. I'm pretty sure it would cause alot of anguish to be caught carrying a "concealed dangerous weapon" (not securely encased) in the car if you do not have a CFP resulting in who knows what in the end. But that is just my opinion... JUST GET A CFP and no worries 8) .

76-10-501. Definitions.
( 18 ) "Securely encased" means not readily accessible for immediate use, such as held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other storage area of a motor vehicle, not including a glove box or console box.

 

[daveyG]

thanks alot!
I do not have a CCW yet but i transport a weapon to and from work for protection while at the office, but i do not like to leave it there overnight because i do not have a secure place to store it and would never leave it un-attended. I will get a CCW soon though, but for now i just wanted to make sure that I am abiding by the law.

 

[tapehoser]

I hope you didn't derive this from my post.

Sort of...I have read through the code and it does not seem to specify explicitly whether a NON-CFP holder may or may not carry an UNLOADED weapon in a car with an EXPOSED holster.

I will continue to look through the code to see what I can see.

But I am in agreement with you that if I were NOT a CFP holder, I would keep the gun in a secure case in the trunk.

 

[xmirage2kx]

OK, lets clear things up a bit.

You CAN carry OPENLY (clearly visible) AND UNLOADED without a permit.

In a car this means visible to an officer who would approach your car (unless you feel like fighting in court about what ‘not concealed’ means). On the dash or on the passenger seat would be a good place on most cars.

I was pulled over a while back (after taking my permit class, before receiving my permit) and had just finished shooting out west. I had the gun sitting on my dash of my truck (unloaded) at the time. told the officer I had it on my dash because I did not have a case with me and didn't want to 'conceal' the gun under my seat and couldn't place it on the passenger seat due to having passengers in the cab.
To make a long story short the officer made sure the gun was unloaded, suggested I place it in a case under my seat so I didn’t frighten people and went on his way (no ticket, yay).

 

[bane]

Wait a minute... I had never thought about non-CC in a *TRUCK* (i.e. with no trunk). So, are you saying that putting an unloaded firearm in it's case and stowing it under your truck-seat satisfied the law? If so, what about in a car... it doesn't need to be in the trunk, it can just be behind the front seat or something?

I've read the law but was always unsure what the term "not readily accessible" meant... since everyone seems to say "in the trunk" I thought that's what it meant... but obviously, if you think about trucks, that doesn't seem quite right.

 

[XD_EE]

OK, lets clear things up a bit.
You CAN carry OPENLY (clearly visible) AND UNLOADED without a permit.

+1

That's what I read from the law too. I am merely suggesting that non-CFP holders need to be careful about the definition of concealed in a car.

 

[XD_EE]

Wait a minute... I had never thought about non-CC in a *TRUCK* (i.e. with no trunk). So, are you saying that putting an unloaded firearm in it's case and stowing it under your truck-seat satisfied the law? If so, what about in a car... it doesn't need to be in the trunk, it can just be behind the front seat or something?

I've read the law but was always unsure what the term "not readily accessible" meant... since everyone seems to say "in the trunk" I thought that's what it meant... but obviously, if you think about trucks, that doesn't seem quite right.

The law states that "... 'Securely encased' means not readily accessible for immediate use, such as held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other storage area of a motor vehicle, not including a glove box or console box. ..."

It doesn't say that it must be in a trunk. Put it in tupperware (unloaded) behind the seat if you don't have a CFP. I don't think this would be problematic.

IANAL ...blah...blah...blah...

 

[xmirage2kx]

So, are you saying that putting an unloaded firearm in it's case and stowing it under your truck-seat satisfied the law?

If so, what about in a car... it doesn't need to be in the trunk, it can just be behind the front seat or something?

Yes and Yes

Under the seat, behind the seat, gun rack, etc they are all good. If you have to open or unlock something you are just fine (except golve box or center console).