Laws on Knives in Utah ???

This is an area to discuss general issues regarding knives, swords, and other non-firearm weapons.

Re: Laws on Knives in Utah ???

Postby gobbly » Mon 11 Jun 2012 3:53 pm

JoeSparky wrote:Not sure if it has been mentioned or not in this thread but last year or the year before the State legislature claimed all power on regulation of knife law state-wide.... A good move on in my opinion!


Is there a statute on the books to that effect?
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Re: Laws on Knives in Utah ???

Postby JoeSparky » Mon 11 Jun 2012 4:03 pm

Hawk87 wrote:
JoeSparky wrote:Not sure if it has been mentioned or not in this thread but last year or the year before the State legislature claimed all power on regulation of knife law state-wide.... A good move on in my opinion!


:dancing: I didn't know that, but it is awesome!

Sure eliminates the mis-matched patchwork of laws (like gun laws in Utah used to be) regarding possession, style and type (as long as you have a CONCEALED FIREARMS PERMIT which in Utah EXEMPTS the permit holder from these penalties)!
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Re: Laws on Knives in Utah ???

Postby Kevin Jensen » Mon 11 Jun 2012 4:05 pm

10-8-47.5. Knives regulated by state.
(1) As used in this section, "knife" means a cutting instrument that includes a sharpened or pointed blade.
(2) The authority to regulate a knife is reserved to the state except where the Legislature specifically delegates responsibility to a municipality.
(3) (a) Unless specifically authorized by the Legislature or, subject to Subsection (3)(b), a municipal ordinance with a criminal penalty, a municipality may not enact or enforce an ordinance or a regulation pertaining to a knife.
(b) A municipality may not enact an ordinance with a criminal penalty pertaining to a knife that is:
(i) more restrictive than a state criminal penalty pertaining to a knife; or
(ii) has a greater criminal penalty than a state penalty pertaining to a knife.
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Re: Laws on Knives in Utah ???

Postby gobbly » Mon 11 Jun 2012 4:06 pm

Kevin Jensen wrote:10-8-47.5. Knives regulated by state.
(1) As used in this section, "knife" means a cutting instrument that includes a sharpened or pointed blade.
(2) The authority to regulate a knife is reserved to the state except where the Legislature specifically delegates responsibility to a municipality.
(3) (a) Unless specifically authorized by the Legislature or, subject to Subsection (3)(b), a municipal ordinance with a criminal penalty, a municipality may not enact or enforce an ordinance or a regulation pertaining to a knife.
(b) A municipality may not enact an ordinance with a criminal penalty pertaining to a knife that is:
(i) more restrictive than a state criminal penalty pertaining to a knife; or
(ii) has a greater criminal penalty than a state penalty pertaining to a knife.


HOT! thanks!
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Re: Laws on Knives in Utah ???

Postby Korben88 » Sun 17 Jun 2012 2:03 pm

JoeSparky wrote:
Hawk87 wrote:
JoeSparky wrote:Not sure if it has been mentioned or not in this thread but last year or the year before the State legislature claimed all power on regulation of knife law state-wide.... A good move on in my opinion!


:dancing: I didn't know that, but it is awesome!

Sure eliminates the mis-matched patchwork of laws (like gun laws in Utah used to be) regarding possession, style and type (as long as you have a CONCEALED FIREARMS PERMIT which in Utah EXEMPTS the permit holder from these penalties)!


Do you have the code to back that? I just took the bci instructors course and they said that the Utah cfp doesn't include knifes.
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Re: Laws on Knives in Utah ???

Postby Kevin Jensen » Sun 17 Jun 2012 2:06 pm

Korben, this is something I posted on the previous page. Please read and study the laws accordingly, as I'm sure that's not the only misinformation you were given. :wink: This is also worth reading... viewtopic.php?f=24&t=9479

Kevin Jensen wrote:
ckamanao wrote:I work in a gun shop and call BCI just about every day. Today I asked what a CFP covers. They told me: CFP- Concealed Firearms Permit. Not a Concealed Weapons Permit. And that it does not cover knives, swords, rifles, SBRs, shotguns-sawed off or otherwise.

Strange.


Yeah, strange indeed. Even more strange is that the person at the BCI must know more than the Legislature, who wrote the laws that this person should know.

Let's see what the Legislature said...

76-10-504. Carrying concealed dangerous weapon -- Penalties.
(1) Except as provided in Section 76-10-503 and in Subsections (2), (3), and (4), a person who carries a concealed dangerous weapon, as defined in Section 76-10-501, including an unloaded firearm on his or her person or one that is readily accessible for immediate use which is not securely encased, as defined in this part, in or on a place other than the person's residence, property, a vehicle in the person's lawful possession, or a vehicle, with the consent of the individual who is lawfully in possession of the vehicle, or business under the person's control is guilty of a class B misdemeanor.
(2) A person who carries a concealed dangerous weapon which is a loaded firearm in violation of Subsection (1) is guilty of a class A misdemeanor.
(3) A person who carries concealed an unlawfully possessed (read: no tax stamp) short barrel shotgun or a short barrel rifle is guilty of a second degree felony.


That's strange, the Legislature kept putting the words "dangerous weapon" in the "thou shall not conceal" law. So what is a "dangerous weapon"?

76-10-501. Definitions.
As used in this part:
...
(6) (a) "Dangerous weapon" means an item that in the manner of its use or intended use is capable of causing death or serious bodily injury.
(b) The following factors shall be used in determining whether a knife, or another item, object, or thing not commonly known as a dangerous weapon is a dangerous weapon:
(i) the character of the instrument, object, or thing;
(ii) the character of the wound produced, if any;
(iii) the manner in which the instrument, object, or thing was used; and
(iv) the other lawful purposes for which the instrument, object, or thing may be used.
(c) "Dangerous weapon" does not include an explosive, chemical, or incendiary device as defined by Section 76-10-306.


Strange again, knives seem to be the first item mentioned in the definition of "dangerous weapons". But a "Concealed Firearm Permit" must certainly not exempt us from carrying concealed dangerous weapons, since the card doesn't read "Concealed dangerous weapon / knife permit".

76-10-523. Persons exempt from weapons laws. (There's that strange word again)
...
(2) The provisions of Subsections 76-10-504(1) and (2), 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.


Man, this is strange. :wink:
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Re: Laws on Knives in Utah ???

Postby Korben88 » Sun 17 Jun 2012 2:32 pm

That's exactly what I understood about carrying knifes concealed, and I was a bit confused when he said that.

The way he said it was "the cfp covers firearms. Carrying knifes comes down to intent of use, carrying a pocket knife is considered okay, but a big hunting knife can get you in trouble." That isn't a direct quote, but pretty close I think.
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