Isabella Carter
As of May 5, 2021, Utah became a constitutional carry state, allowing anyone over the age of 21 to carry a loaded, concealed firearm in public without a permit. This law, known as HB0060, was signed by Governor Cox and exempts individuals from previous laws that made it a class A misdemeanour to carry a concealed firearm in public. However, there are still some restrictions on where firearms can be carried, such as in schools and federal or state-restricted areas. Utah also offers resident and limited non-resident permits, which provide reciprocity with other states that recognise Utah's permit. While Utah's constitutional carry law allows individuals to carry firearms without a permit, there are still benefits to obtaining one, such as avoiding background check fees when purchasing a firearm and establishing one's status as a good guy during traffic stops.
| Characteristics | Values |
|---|---|
| Open carry without a permit | Yes |
| Use of firearm for self-defense | Only when faced with the imminent threat of death or serious bodily injury |
| Non-residents of Utah carrying without a permit | No |
| Carrying firearms in schools | Illegal without a valid Utah concealed firearm permit |
| Carrying firearms in federal or state restricted areas | Illegal |
| Carrying firearms in houses of worship | Depends on the house of worship |
| Carrying firearms in vehicles | Legal only for loaded handguns |
| Carrying firearms in other states | Depends on the state's laws |
| Carrying firearms with a permit | Allowed in 30+ other states |
| Fee for a permit | $7.50 |
| Number of valid permits as of March 31, 2011 | 249,003 |
| Number of valid permits as of March 31, 2008 | 112,665 |
| Number of valid permits as of December 31, 2001 | 44,173 |
| Age requirement for a permit | 21 years or older |
| Age requirement for a provisional permit | 18 to 20 years old |
| Requirements for a permit | Evidence of familiarity with firearms and firearm laws |
| Validity of a permit | 5 years |
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What You'll Learn
Open carry without a permit
Utah is a constitutional carry state, meaning that anyone over the age of 21 who can legally possess a firearm may carry a concealed firearm in public without a permit. This applies to both Utah residents and non-residents. However, it is important to note that there are some exceptions to this law. For example, it is illegal to carry a firearm on school premises without a valid Utah concealed firearm permit. It is also illegal to have a loaded rifle, shotgun, or muzzle-loading rifle in a vehicle without a valid permit.
Utah's constitutional carry law allows individuals to openly carry a firearm without a permit, as long as they are 21 years of age or older and are legally allowed to possess a firearm. Those who choose to open carry without a permit should be aware that many people have an irrational fear of guns and may call the police. It is recommended to be polite, discrete, and not provoke those who are uncomfortable with the presence of firearms. Additionally, if stopped by a police officer, it is recommended to disclose that you are carrying a firearm for the safety of all involved.
While a permit is not required for open carry in Utah, there are several reasons why someone may still want to obtain one. A permit will allow individuals to carry concealed firearms in 30+ other states, waive the $7.50 fee when purchasing a firearm, and quickly establish their status as a "good guy" during traffic stops. Additionally, obtaining a permit ensures that individuals are familiar with the safe handling and storage of firearms, as well as current firearms laws.
It is important to remember that even with a permit or constitutional carry, there are restrictions on where firearms can be carried. Firearms are prohibited in federal or state-restricted areas, including airports, federal facilities, courts, correctional and mental health facilities, and private residences or businesses that have posted signs prohibiting them. It is also illegal to use a gun to threaten someone, and it can only be used in direct self-defense or defence of another person when faced with an imminent threat of death or serious bodily injury.
Legal self-defence with a firearm
In 2021, Utah passed a law that allows individuals over 21 who can legally possess a firearm to carry a concealed weapon in public without a permit. However, this does not apply to non-residents, who need to apply for a Utah concealed weapon permit.
Utah's self-defence laws allow the use of a firearm for legal self-defence only when faced with an imminent threat of death or serious bodily injury. It is important to note that any action taken with a gun must be in direct self-defence; otherwise, it may be considered threatening with a dangerous weapon, and one could be labelled as the aggressor and face criminal charges.
While self-defence laws allow for the use of a firearm in certain situations, it is crucial to understand that using a gun to shoot someone, even in self-defence, can result in serious felony charges, including murder, if the shooting is not justifiable. Before resorting to deadly force, an individual must fear being gravely injured or killed, and this fear must be reasonable. For example, if an attacker has a deadly weapon, using a gun might be considered legitimate self-defence. However, if the attacker only has their fists, using a gun would likely be considered excessive force.
Additionally, it is worth noting that in many states, including Utah, there is a "duty to retreat" if possible, instead of responding with force when threatened or assaulted. This means that if an individual is charged with a crime and claims self-defence, the jury will consider whether they had a reasonable opportunity to retreat and did not take it.
When carrying a firearm for self-defence, it is essential to be aware of the specific laws and restrictions in your state, as they vary across the country. For example, in Utah, firearms are prohibited in federal or state-restricted areas, including airports, federal facilities, courts, schools, and houses of worship that have prohibited them. It is also important to consider the legal and financial implications of using a firearm in self-defence, as legal costs can be significant, and insurance for self-defence situations is recommended.
Non-residents carrying without a permit
In 2021, Utah eliminated its permit requirement for concealed carry. Now, anyone 21 or over who can lawfully possess a firearm may carry a loaded, hidden firearm in public without a permit, with some exceptions. However, this only applies to Utah residents. Non-residents of Utah are not permitted to carry a firearm without a permit.
Non-residents of Utah who wish to carry a firearm in the state must apply for a non-resident permit. A non-resident permit requires the applicant to be 21 or over and to have a permit from their home state. The application process also requires evidence of familiarity with the types of firearms to be concealed, including training in the safe loading, unloading, storage, and carrying of those firearms, as well as knowledge of current firearms laws. This can be demonstrated through the completion of a certified course, certification by a law enforcement officer or firearms instructor, or equivalent experience through participation in activities such as organized shooting competitions, law enforcement, or military service.
Non-residents with a permit from their home state may also apply for a temporary permit to carry a concealed firearm in Utah. This requires a demonstration in writing of "extenuating circumstances" that would justify issuing a temporary permit.
It is important to note that even with a permit, there are places in Utah where firearms are prohibited. These include schools, federal or state restricted areas (such as airports, federal facilities, courts, and correctional and mental health facilities), houses of worship that have prohibited firearms, and private residences where notice has been given.
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Carrying a firearm on school premises
Utah state law prohibits the possession of firearms on school premises, with some limited exceptions. The Utah Code § 634-57-101-106 specifically addresses the issue of firearms in schools. It states that a person may not possess, use, or attempt to use a firearm, or other dangerous weapons, on school premises, at school-sponsored activities, or in a vehicle being used for school-sponsored activities. This law applies to all individuals, including those with concealed carry permits.
However, there are a few exceptions to this rule. Firstly, law enforcement officers or those authorized by the school or school district are exempt from this restriction. Additionally, individuals who have a valid concealed firearm permit and are the parent or legal guardian of a student enrolled at the school may carry a firearm on school premises, provided they comply with specific requirements. These requirements could include notifying law enforcement and the school principal or their designee before carrying on school premises and keeping the firearm secured and unloaded while in any vehicle on school premises.
It's important to note that even with a concealed carry permit, carrying a firearm on school premises is a sensitive issue. Schools have the authority to establish their own policies regarding firearms, and individuals should always respect and follow these policies. Additionally, federal law also imposes certain restrictions on firearms in schools, which apply regardless of state law. As such, it is crucial to stay informed about the specific laws and regulations pertaining to the particular school or district in question.
Carrying a firearm in a vehicle
In 2021, Utah passed a law that eliminated the requirement for a permit for concealed carry. This means that anyone 21 or older who can legally possess a firearm can carry a loaded, hidden firearm in public without a permit. However, it is important to note that this law does not apply to non-residents of Utah, and Utah residents without a permit cannot carry in other states. Additionally, federal law still requires a permit to carry a firearm on school grounds.
When it comes to carrying a firearm in a vehicle, Utah has specific regulations in place. Generally, Utah prohibits carrying a concealed firearm in a vehicle without a concealed carry permit, even if the firearm is unloaded or not readily accessible. The only exceptions to this rule are if the vehicle is in the person's lawful possession or if the person has the consent of the individual who is lawfully in possession of the vehicle.
Utah also has restrictions on carrying a loaded handgun in a vehicle without the consent of the individual who is lawfully in possession of the vehicle, even for those with a concealed carry permit. No person is allowed to possess a loaded long gun in any vehicle. Additionally, the firearm should not be visible from outside the vehicle when it is on school premises, near government entities, religious organizations, and certain residential units.
It is important to note that private property owners in Utah may apply their own restrictions on carrying firearms on their premises. These restrictions may vary depending on the specific location and the owner's preferences. As a responsible gun owner, it is crucial to respect the rules and regulations set by private property owners and comply with any posted signage prohibiting firearms.
Frequently asked questions
Yes, Utah passed a permit-less concealed carry law, also called a "constitutional carry" law, in 2021. This means that anyone over the age of 21 (a Utah resident or non-resident) can carry a concealed, loaded, firearm on their person on a "public street" without a permit.
To be eligible for constitutional carry in Utah, you must be 21 years old or older and legally allowed to possess a firearm. Additionally, you must not be adjudicated as "mentally incompetent" and must not have placed yourself on a voluntary restricted persons list.
Yes, there are certain restrictions on where you can carry a firearm in Utah, even with constitutional carry. Firearms are prohibited in federal or state-restricted areas, including airports, federal facilities, courts, correctional and mental health facilities, and law enforcement secured areas. Additionally, houses of worship, such as the Church of Jesus Christ of Latter-Day Saints, may prohibit firearms on their premises.
While constitutional carry allows individuals to carry a concealed firearm without a permit in Utah, there are still benefits to obtaining a permit. A permit will allow you to carry concealed in 30+ other states with reciprocity agreements with Utah. Additionally, a permit can waive background check fees when purchasing a firearm and help establish your status as a "good guy" during traffic stops.
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