# Open Carry



## .45 (Sep 21, 2007)

http://connect2utah.com/content/fulltext/?cid=71711

I don't get it.....I thought this was already legal and the general purpose for pack'in iron anyhow.. :?

Am I missing something ?

And why just CC holders....we all have that right anyway......I think.


----------



## Frisco Pete (Sep 22, 2007)

You cannot carry open with one in the chamber like you can with a concealed carry permit. This would likely be the change here, although this is only a guess, but it would be one logical change.

Why only for CC permit holders?
Because the State has some control here and they can tell any opposition that gun owners that carry open have had their background checked by the FBI and have attended classes to educate them as to the responsibilities and safety issues etc. of carrying a weapon. In addition the issuance of a CC Permit will allow law enforcement to vet out some of the bad guys from law-abiding and FBI-checked citizens who are seen carrying open.

There is some merit to toning down the laws on "brandishing" because many believe that the sight of a weapon or armed citizen would deter further criminal acts or aggression therefore giving the permit holder another intermediate level to allow the aggressor to desist before shooting - which is very final. 
As it stands now, if you pull your gun, it can only be to shoot the aggressor.

Of course, like anything else, there can be pros and cons argued for all these points, tactically or otherwise, but this is what I think the proposed law intends.


----------



## .45 (Sep 21, 2007)

I like the way you worded all that Frisco Pete, I can now understand the goals they are after.....thank you.


----------



## Bax* (Dec 14, 2008)

Frisco always puts things so eloquently. He is like the Shakespere of the forum, only cooler


----------



## Loke (Sep 7, 2007)

I always thought that it was legal to openly carry. Apparently I was wrong.


> Utah Code
> Title 76 Utah Criminal Code
> Chapter 10 Offenses Against Public Health, Safety, Welfare, and Morals
> Section 505 Carrying loaded firearm in vehicle or on street.
> ...


http://www.le.utah.gov/UtahCode/getCode ... =76-10-505


----------



## truemule (Sep 12, 2007)

Loke said:


> I always thought that it was legal to openly carry. Apparently I was wrong.
> 
> 
> > Utah Code
> ...


Loke , it is completely legal to carry openly. But unless you have CFP you must carry "utah unloaded". IF you have a CFP you can carry fully loaded openly.


----------



## .45 (Sep 21, 2007)

Yeah Loke......four rounds in a six-shooter, it's always been that way.. O*--


----------



## fixed blade XC-3 (Sep 11, 2007)

Sorry to change the subject. But didn't they change it this summer so even without a CCP you can conceal a pistol in your automobile now?


----------



## truemule (Sep 12, 2007)

fixed blade said:


> Sorry to change the subject. But didn't they change it this summer so even without a CCP you can conceal a pistol in your automobile now?


Yes, but only in your car without a CFP, once you step out it must be unloaded and open carry.


----------



## younggun20 (Apr 16, 2009)

Yes always been legal, but to prove so to LEO or simililar it was sort of a read between the lines.

New purposed law would read

http://le.utah.gov/~2010/bills/hbillint/HB0078.htm

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 76-10-506 is amended to read:
30 76-10-506. Openly carrying a firearm -- Drawing or exhibiting -- Investigations --
31 Threatening with or using dangerous weapon in fight or quarrel.
32 (1) An individual who is not prohibited from doing so by federal or Utah state law
33 may:
34 (a) openly carry a firearm; and
35 (b) communicate to another person the fact that the individual has a firearm.
36 (2) If an individual who is carrying a firearm reasonably believes that the individual or
37 another person is threatened with bodily harm, the individual may warn or threaten the use of
38 force, including deadly force against the aggressor, including drawing or exhibiting the firearm.
39 (3) If a peace officer is conducting an investigation of an incident that appears to have
40 or is alleged to have involved the justifiable use of force under Subsection (2), the officer shall
41 conduct the investigation so as to disclose all evidence, including testimony, concerning the
42 alleged offense that might support the apparent or alleged justifiable use of force.
43 [Every person, except] (4) Except as otherwise provided in Subsections (1) and (2) and
44 for those persons described in Section 76-10-503 , an individual who[, not in necessary self
45 defense in the presence of two or more persons,] draws or exhibits [any] a dangerous weapon,
46 not in self-defense of the individual or another person, in an angry and threatening manner or
47 unlawfully uses the [same] weapon in [any] a fight or quarrel is guilty of a class A
48 misdemeanor.


----------



## campfire (Sep 9, 2007)

Editorial: At first glance the new proposed change sounds reasonable to me. If the use of deadly force can be averted by the threat of deadly force then it should be made legal so long as it is not abused. The proposed law as outlined by Younggun20 seems to make provision for abuse but it still will be subject to interpretation. And it seems that the proposed change would only apply to "brandishing" and not to carrying.


----------

