Utah's Constitutional Carry Law: When Does It Take Effect?

when does constitutional carry start in utah

As of May 5, 2021, Utah residents and non-residents over the age of 21 can carry a loaded firearm openly or concealed without a permit. However, there are still some restrictions on where firearms can be carried. For example, firearms are prohibited in schools, federal or state-restricted areas, and houses of worship which have prohibited them. Additionally, Utah has reciprocal agreements with 36 other states that recognize the state's permit.

Characteristics Values
Date of implementation July 1, 2022
Minimum age 21 years old
Exceptions 18 years old and above who are active military, National Guard, Reserve, or honorably discharged veterans
Permit requirement No permit required for open carry of unloaded firearms
Concealed carry Permitted without a license or permit for individuals 21 years of age and older
Restricted areas Schools, federal or state restricted areas (airports, federal facilities, courts, etc.), houses of worship
Non-resident permits Not allowed
Reciprocity Recognized in 30+ other states

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Utah's gun laws

Utah has some of the most relaxed gun laws in the United States. The state's constitution explicitly states that:

> "The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the State as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the legislature from defining the lawful use of arms."

Utah has permitless carry, meaning that any person 21 years of age or older who can legally possess a firearm may carry a concealed firearm without a license or permit. Those who are 18 years of age or older and are active military, in the National Guard, Reserve, or are honorably discharged veterans are also included in this law. Some areas are off-limits for carrying a firearm, including courthouses and secured areas of airports. It is also illegal to carry a firearm on any school premises unless you have a valid Utah concealed firearm permit.

In 2024, Utah passed a bill incentivizing school employees to carry firearms. The state also enacted a law to improve data collection on crime guns. Other gun laws in the state include:

  • Allowing law enforcement and family members to petition for a court order to temporarily prevent someone in crisis from accessing guns.
  • Requiring that firearms be stored locked, unloaded, and separate from ammunition in certain circumstances.
  • Prohibiting the purchase of certain assault-style weapons originally designed for military use.
  • Prohibiting devices that alter the trigger mechanisms of semi-automatic pistols and rifles to enable the guns to continuously fire rounds.
  • Requiring new handgun models sold in the state to have childproofing features and microstamping technology.
  • Regulating how guns may be carried visibly in public, either requiring a permit or barring open carry altogether.
  • Prohibiting people with felony convictions, assault or other violent misdemeanor convictions, or subject to short-term emergency orders from having guns.

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Concealed carry permits

On May 5, 2021, Utah Governor Spencer Cox signed House Bill 60 (H.B. 60) into law, allowing anyone aged 21 or older to carry a loaded firearm openly or concealed without a permit. This means that in Utah, a person aged 21 or older who may lawfully possess a firearm may carry a concealed firearm in public without a permit, with some exceptions.

Utah is a "shall-issue" state, meaning that the state will issue a permit for the concealed carry of firearms to an applicant who is 21 or older within 60 days of receiving an application, as long as the applicant meets the qualifications. Permits are issued to both Utah residents and non-residents, with applicants between 18 and 20 able to obtain a provisional permit. However, certain individuals are automatically barred from being issued a permit, including those convicted of a felony, any crime of violence, any offence involving alcohol or narcotics, or any offence involving domestic violence, as well as persons found by any court to be mentally incompetent.

While a permit is not required to carry a concealed firearm in Utah, there are benefits to obtaining one. A Utah Concealed Firearm Permit (CFP) allows individuals to carry concealed firearms in over 30 other states, waives the $7.50 background check fee when purchasing a firearm, and quickly establishes the carrier as a "good guy" during traffic stops.

There are also restrictions on where concealed firearms can be carried in Utah. They are prohibited in federal or state-restricted areas, including secured areas of airports, federal facilities, courts, correctional and mental health facilities, and law enforcement secured areas. Firearms are also prohibited in houses of worship that have notified the state and made public notice, such as the Church of Jesus Christ of Latter-Day Saints. Additionally, while Utah law prohibits public schools from enacting or enforcing any rules pertaining to firearms, federal law requires a permit to carry a concealed firearm on school grounds.

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Open carry of firearms

Utah permits the open carry of firearms, with some restrictions. As of May 5, 2021, both open carry and concealed carry of a loaded firearm are legal for anyone aged 21 or older who may lawfully possess a firearm. Those aged 18 to 20 without a valid provisional concealed firearm permit may only carry an unloaded firearm in public, provided it is visible at all times. "Unloaded" means there is no round in the firing position, and the firearm is at least two "mechanical actions" from firing.

Utah's gun laws allow for the carrying of firearms in some places that other states prohibit, including banks, bars, and state parks. Firearms are prohibited in federal or state-restricted areas, including secured areas of airports, federal facilities, courts, correctional and mental health facilities, and law enforcement secured areas. Carrying a firearm on school premises is illegal unless the carrier has a valid Utah concealed firearm permit. However, Utah's Uniform Firearm Laws expressly prohibit public schools from enacting or enforcing any rules pertaining to firearms, and they must allow lawful firearms possession.

Houses of worship may prohibit firearms on their premises, including the Church of Jesus Christ of Latter-Day Saints. Private property owners may also apply whatever restrictions they choose regarding firearms on their property.

Utah's Constitutional Carry law only applies to Utah residents. Non-residents must have a permit from their home state to carry a firearm in Utah. Utah offers resident and non-resident permits, with the latter requiring a firearms familiarity course certified by the Bureau of Criminal Identification (BCI).

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Carrying firearms in schools

In the state of Utah, it is illegal to carry a firearm on school premises without a valid Utah concealed firearm permit. This applies to both public and private schools, including charter schools, religious schools, colleges, and universities. The law also prohibits carrying a firearm within 1,000 feet of school grounds, including preschool and childcare facilities. Anyone who violates this law may face legal consequences, and students under the age of 18 may be expelled for a minimum of one year and may also be subject to penalties for unlawful possession of a dangerous weapon.

However, it is important to note that Utah does not enforce the federal "Gun-Free School Zone Act". This means that it is legal to carry a firearm through a school zone without a concealed firearm permit, as long as the individual does not enter the school property. Additionally, those who are 21 years or older and are not prohibited from carrying a firearm can do so under Utah's constitutional carry law. Those between 18 and 20 years old can openly carry an unloaded firearm or have a firearm in their vehicle while driving through a school zone.

To obtain a Utah concealed firearm permit, individuals must undergo a firearms familiarity course certified by the Bureau of Criminal Identification (BCI). This permit allows individuals to carry a firearm openly or concealed on school premises. It is important to note that even with a permit, police generally advise against carrying firearms openly on school grounds.

While the Utah State Board of Regents has limited authority to regulate firearms at higher education institutions, the Utah State Legislature maintains the primary authority to regulate firearms at these institutions. This includes the ability to establish rules allowing dormitory residents to request roommates who are not licensed to carry a concealed firearm.

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Carrying firearms in churches

In Utah, a "house of worship" is defined as a church, temple, synagogue, mosque, or other building set apart primarily for the purpose of worship, where religious services are held, and the main body of which is kept for that use.

It is illegal to carry a firearm into a house of worship in Utah, even if a person has been issued a concealed firearm permit, provided that notice has been given as provided in 76-10-530. Notice that firearms are prohibited may be given by personal communication to the individual by the church or organization operating the house of worship, or the owner, lessee, or person with lawful control of the premises.

The following churches have notified the Bureau of Criminal Identification (BCI) of their intent to prohibit firearms in their houses of worship:

  • First Presbyterian Church of Logan (178 W Center St, Logan, UT 84321)
  • Wasatch Presbyterian Church (1626 South 1700 East Salt Lake City, Utah 84108)
  • The Church of Jesus Christ of Latter-day Saints

It is important to note that this law only prohibits firearms in buildings defined as a "house of worship" under 76-10-501. It does not include any other buildings or property owned by the church, such as malls, memorial buildings, news outlets, hotels, restaurants, schools, etc., which fall under private property laws and the "No Weapon Signs" policy.

Frequently asked questions

As of May 5, 2021, Utah residents over the age of 21 can carry a loaded firearm, either open or concealed, without a permit.

To be eligible for constitutional carry in Utah, an individual must be 21 years old or older and legally allowed to possess a firearm.

In Utah, constitutional carry is not allowed in federal or state-restricted areas, including secured areas of airports, federal facilities, courts, correctional and mental health facilities, and law enforcement secured areas. Additionally, private businesses and houses of worship may prohibit firearms on their premises.

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