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Bogus gun law being taught in drivers ed class?

3K views 3 replies 2 participants last post by  UtahCFP 
#1 ·
Last night I asked my step daughter who just got her permit if she wanted to drive to the gas station for a drink. She gladly wanted to go but said she couldn't drive because I have my firearm on me and that I would have to drive. After a few questions she tells me her teacher told her class that it's against the law for them to drive with a firearm in the car. I've never heard anything like this before. I'm sure there has been some confusion. Has anybody else heard anything similar to this before?
 
#2 ·
I'd guess it is a mashup of "you can drive at 16", "a gun can be in a car without requiring a CFP", and "possession of a dangerous weapon by minor". Utah law allows for citizens to carry a loaded weapon in a vehicle if they are at least 18 years old and have lawful possession or consent of the person who has lawful possession of the vehicle. However, the weapon cannot be a rifle, shotgun or a muzzle-loading rifle.

So, she can't "carry" a gun in a car. You can -- she can't.

Here is the relevant section from code (highlighting mine):

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.
 
#4 ·
My opinion (and I am no lawyer) is that if the firearm is on your person, you are "carrying" it. So even if you are in the car she is driving, she is not "carrying". Take it out of your holster and put it in the center console or something, now the driver is carrying. If you have it in a briefcase and you put the briefcase in the car, the driver is carrying. A lot of nuance in this one... ;)
 
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