National Carry AcademyCarry Permit Limitations
January 12, 2016
It is unlawful for a person with a firearm permit to carry a concealed firearm in the following locations:
• Any secure area in which firearms are prohibited and notice of the prohibition is posted
• A secure area of an airport
• Any courthouse, courtroom, mental health facility or correctional facility that may provide by rule that no firearm may be transported, sold, given, or possessed upon the facility. At least one notice shall be prominently displayed at each entrance to a secure area in which a dangerous weapon, firearm, or explosive is restricted
• What about private business, can they post signs prohibiting someone from carrying a gun into their business even though the person may have a firearm permit? Naturally, private property owners may apply whatever restrictions they want, whether or not these restrictions violates one’s personal rights is for the civil courts to decide. But the only statutory restriction on a permit holder is secured areas such as airports and federal buildings.
• May I carry my loaded and concealed firearm into a bar or other drinking other establishment? There is nothing in state statute that prohibits permit holders from being in a bar with a concealed firearm. However, it is illegal to be intoxicated and in possession of a firearm. The level of intoxication that is considered illegal is held to the same standard as when driving a car.
76-10-530 Trespass with a Firearm in a House of Worship or Private Residence — Notice — Penalty.
(1) A person, including a person licensed to carry a concealed firearm pursuant to Title 53, Chapter 5, Part 7, Concealed Weapon Act, after notice has been given as provided in Subsection (2) that firearms are prohibited, may not knowingly and intentionally:
(a) transport a firearm into:
i. a house of worship; or
ii. a private residence; or
(b) while in possession of a firearm, enter or remain in:
i. a house of worship; or
ii. a private residence.
(2) Notice that firearms are prohibited may be given by:
(a) personal communication to the actor by:
i. the church or organization operating the house of worship;
ii. the owner, lessee, or person with lawful right of possession of the private residence; or
iii. a person with authority to act for the person or entity in Subsections (2)(a)(i) and (ii);
(b)posting of signs reasonably likely to come to the attention of persons entering the house of worship or private residence;
(c) announcement, by a person with authority to act for the church or organization operating the house of worship, in a regular congregational meeting in the house of worship;
(d) publication in a bulletin, newsletter, worship program, or similar document generally circulated or available to the members of the congregation regularly meeting in the house of worship; or
(e)publication:
i. in a newspaper of general circulation in the county in which the house of worship is located or the church or organization operating the house of worship has its principal office in this state; and
ii. as required in Section 45-1-101.
(3) A church or organization operating a house of worship and giving notice that firearms are prohibited may:
(a) revoke the notice, with or without supersedure, by giving further notice in any manner provided in Subsection (2); and
(b) provide or allow exceptions to the prohibition as the church or organization considers advisable
(c)
(4)
(a)
i. Within 30 days of giving or revoking any notice pursuant to Subsection (2)(c), (d), or (e), a church www.handgunlaw.us 5 or organization operating a house of worship shall notify the division on a form and in a manner as the division shall prescribe.
ii. The division shall post on its website a list of the churches and organizations operating houses of worship who have given notice under Subsection (4)(a)(i).
(b) Any notice given pursuant to Subsection (2)(c), (d), or (e) shall remain in effect until revoked or for a period of one year from the date the notice was originally given, whichever occurs first.
(5) Nothing in this section permits an owner who has granted the lawful right of possession to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm.
76-8-311.1. Secure areas — Items prohibited — Penalty.
(1) In addition to the definitions in Section 76-10-501, as used in this section:
(a) “Correctional facility” has the same meaning as defined in Section 76-8-311.3.
(b) (b) “Explosive” has the same meaning as defined for “explosive, chemical, or incendiary device” defined in Section 76-10-306.
(c) “Law enforcement facility” means a facility which is owned, leased, or operated by a law enforcement agency.
(d) “Mental health facility” has the same meaning as defined in Section 62A-15-602
(e)
i. “Secure area” means any area into which certain persons are restricted from transporting any firearm, ammunition, dangerous weapon, or explosive.
ii. A “secure area” may not include any area normally accessible to the public.
(2)
(a) A person in charge of a correctional, law enforcement, or mental health facility may establish secure areas within the facility and may prohibit or control by rule any firearm, ammunition, dangerous weapon, or explosive
(b) Subsections (2)(a), (3), (4), (5), and (6) apply to higher education secure area hearing rooms referred to in Subsections 53B-3-103(2)(a)(ii) and (b).
(3) At least one notice shall be prominently displayed at each entrance to an area in which a firearm, ammunition, dangerous weapon, or explosive is restricted.
(4)
(a) Provisions shall be made to provide a secure weapons storage area so that persons entering the secure area may store their weapons prior to entering the secure area.
(b) The entity operating the facility shall be responsible for weapons while they are stored in the storage area.
(5) It is a defense to any prosecution under this section that the accused, in committing the act made criminal by this section, acted in conformity with the facility’s rule or policy established pursuant to this section.
(6)
(a) Any person who knowingly or intentionally transports into a secure area of a facility any firearm, ammunition, or dangerous weapon is guilty of a third degree felony.
(b) Any person violates Section 76-10-306 who knowingly or intentionally transports, possesses, distributes, or sells any explosive in a secure area of a facility.
76-9-102. Disorderly conduct.
(3) The mere carrying or possession of a holstered or encased firearm, whether visible or concealed, without additional behavior or circumstances that would cause a reasonable person to believe the holstered or encased firearm was carried or possessed with criminal intent, does not constitute a violation of this section. www.handgunlaw.us 6 nothing in this Subsection may limit or prohibit a law enforcement officer from approaching or engaging any person in a voluntary conversation.
Note: Firearms in all churches in Utah are banned. The Church of Jesus Christ of Latter-day Saints has submitted with 76-10-530 and notifies Utah’s BCI that they don’t want any firearms on their churches.
Carry Permit Limitations
January 12, 2016
It is unlawful for a person with a firearm permit to carry a concealed firearm in the following locations:
• Any secure area in which firearms are prohibited and notice of the prohibition is posted
• A secure area of an airport
• Any courthouse, courtroom, mental health facility or correctional facility that may provide by rule that no firearm may be transported, sold, given, or possessed upon the facility. At least one notice shall be prominently displayed at each entrance to a secure area in which a dangerous weapon, firearm, or explosive is restricted
• What about private business, can they post signs prohibiting someone from carrying a gun into their business even though the person may have a firearm permit? Naturally, private property owners may apply whatever restrictions they want, whether or not these restrictions violates one’s personal rights is for the civil courts to decide. But the only statutory restriction on a permit holder is secured areas such as airports and federal buildings.
• May I carry my loaded and concealed firearm into a bar or other drinking other establishment? There is nothing in state statute that prohibits permit holders from being in a bar with a concealed firearm. However, it is illegal to be intoxicated and in possession of a firearm. The level of intoxication that is considered illegal is held to the same standard as when driving a car.
76-10-530 Trespass with a Firearm in a House of Worship or Private Residence — Notice — Penalty.
(1) A person, including a person licensed to carry a concealed firearm pursuant to Title 53, Chapter 5, Part 7, Concealed Weapon Act, after notice has been given as provided in Subsection (2) that firearms are prohibited, may not knowingly and intentionally:
(a) transport a firearm into:
i. a house of worship; or
ii. a private residence; or
(b) while in possession of a firearm, enter or remain in:
i. a house of worship; or
ii. a private residence.
(2) Notice that firearms are prohibited may be given by:
(a) personal communication to the actor by:
i. the church or organization operating the house of worship;
ii. the owner, lessee, or person with lawful right of possession of the private residence; or
iii. a person with authority to act for the person or entity in Subsections (2)(a)(i) and (ii);
(b)posting of signs reasonably likely to come to the attention of persons entering the house of worship or private residence;
(c) announcement, by a person with authority to act for the church or organization operating the house of worship, in a regular congregational meeting in the house of worship;
(d) publication in a bulletin, newsletter, worship program, or similar document generally circulated or available to the members of the congregation regularly meeting in the house of worship; or
(e)publication:
i. in a newspaper of general circulation in the county in which the house of worship is located or the church or organization operating the house of worship has its principal office in this state; and
ii. as required in Section 45-1-101.
(3) A church or organization operating a house of worship and giving notice that firearms are prohibited may:
(a) revoke the notice, with or without supersedure, by giving further notice in any manner provided in Subsection (2); and
(b) provide or allow exceptions to the prohibition as the church or organization considers advisable
(c)
(4)
(a)
i. Within 30 days of giving or revoking any notice pursuant to Subsection (2)(c), (d), or (e), a church www.handgunlaw.us 5 or organization operating a house of worship shall notify the division on a form and in a manner as the division shall prescribe.
ii. The division shall post on its website a list of the churches and organizations operating houses of worship who have given notice under Subsection (4)(a)(i).
(b) Any notice given pursuant to Subsection (2)(c), (d), or (e) shall remain in effect until revoked or for a period of one year from the date the notice was originally given, whichever occurs first.
(5) Nothing in this section permits an owner who has granted the lawful right of possession to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm.
76-8-311.1. Secure areas — Items prohibited — Penalty.
(1) In addition to the definitions in Section 76-10-501, as used in this section:
(a) “Correctional facility” has the same meaning as defined in Section 76-8-311.3.
(b) (b) “Explosive” has the same meaning as defined for “explosive, chemical, or incendiary device” defined in Section 76-10-306.
(c) “Law enforcement facility” means a facility which is owned, leased, or operated by a law enforcement agency.
(d) “Mental health facility” has the same meaning as defined in Section 62A-15-602
(e)
i. “Secure area” means any area into which certain persons are restricted from transporting any firearm, ammunition, dangerous weapon, or explosive.
ii. A “secure area” may not include any area normally accessible to the public.
(2)
(a) A person in charge of a correctional, law enforcement, or mental health facility may establish secure areas within the facility and may prohibit or control by rule any firearm, ammunition, dangerous weapon, or explosive
(b) Subsections (2)(a), (3), (4), (5), and (6) apply to higher education secure area hearing rooms referred to in Subsections 53B-3-103(2)(a)(ii) and (b).
(3) At least one notice shall be prominently displayed at each entrance to an area in which a firearm, ammunition, dangerous weapon, or explosive is restricted.
(4)
(a) Provisions shall be made to provide a secure weapons storage area so that persons entering the secure area may store their weapons prior to entering the secure area.
(b) The entity operating the facility shall be responsible for weapons while they are stored in the storage area.
(5) It is a defense to any prosecution under this section that the accused, in committing the act made criminal by this section, acted in conformity with the facility’s rule or policy established pursuant to this section.
(6)
(a) Any person who knowingly or intentionally transports into a secure area of a facility any firearm, ammunition, or dangerous weapon is guilty of a third degree felony.
(b) Any person violates Section 76-10-306 who knowingly or intentionally transports, possesses, distributes, or sells any explosive in a secure area of a facility.
76-9-102. Disorderly conduct.
(3) The mere carrying or possession of a holstered or encased firearm, whether visible or concealed, without additional behavior or circumstances that would cause a reasonable person to believe the holstered or encased firearm was carried or possessed with criminal intent, does not constitute a violation of this section. www.handgunlaw.us 6 nothing in this Subsection may limit or prohibit a law enforcement officer from approaching or engaging any person in a voluntary conversation.
Note: Firearms in all churches in Utah are banned. The Church of Jesus Christ of Latter-day Saints has submitted with 76-10-530 and notifies Utah’s BCI that they don’t want any firearms on their churches.