Constitutional Carry (includes permitless open carry)
Open carry without a permit is legal in Utah, however prior to May 5, 2021, generally loaded open carry required a concealed firearm permit. After May 5, 2021, anyone 21 and up may carry a loaded firearm, openly or concealed, without a permit.
Effective May 5, 2021, 2021’s HB 60 allows anyone 21 and older who may legally possess a gun to carry openly or concealed, with or without a permit. This ends the permit requirement for open carry as well as concealed carry. Those 18-20 who wish to carry a concealed firearm must obtain a Utah provision concealed weapon permit or carry openly, but without a round chambered.
76-10-523, Persons exempt from weapons laws, (from 2021’s HB 60) makes the legal changes to 76-10-504(1) & (2) [concealed firearms] 76-10-505(1)(b) [open carry]. 76-10-523(5) (from bill):
76-10-523, Persons exempt from weapons laws, (from 2021’s HB 60) makes the legal changes to 76-10-504(1) & (2) [concealed firearms] 76-10-505(1)(b) [open carry]. 76-10-523(5) (from bill):
(5) Subsections 76-10-504(1) and (2), and 76-10-505(1)(b) do not apply to a person 21 years old or older who may otherwise lawfully possess a firearm.
Minors may not carry a handgun (76-10-509.4). Minors cannot openly carry or possess a long-gun unless they are ages 14-17 and with parent or guardian or have their permission. Children under 14 must be in the presence of a parent or guardian to posses a firearm (76-10-509). Additionally, minors cannot possess loaded a firearm in a vehicle or on a public street (76-10-505).
Can I be charged with disorderly conduct for openly carrying?
Absent any belligerent, threatening, criminal, or suspicious behavior, a open carry is not cause for disorderly conduct (76-9-102). The exemption only applies to holstered or encased firearms, which would generally mean handguns and cased rifles. The open carry of long guns, while not prohibited by law, may be considered disorderly if the carrier knowingly creates a hazardous condition which serves no legitimate purpose and therefore not enjoy the below protection.
Can I be charged with disorderly conduct for openly carrying?
Absent any belligerent, threatening, criminal, or suspicious behavior, a open carry is not cause for disorderly conduct (76-9-102). The exemption only applies to holstered or encased firearms, which would generally mean handguns and cased rifles. The open carry of long guns, while not prohibited by law, may be considered disorderly if the carrier knowingly creates a hazardous condition which serves no legitimate purpose and therefore not enjoy the below protection.
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. Nothing in this Subsection (3) may limit or prohibit a law enforcement officer from approaching or engaging any person in a voluntary conversation. 76-9-102
Is open carry brandishing?
The possession of a dangerous weapon, whether visible or concealed, without additional behavior which is threatening does not constitute brandishing. Brandishing is drawing or exhibiting a dangerous weapon in the presence of two or more persons in an angry and threatening manner. 76-10-506
Can I openly carry a rifle or a shotgun?
Utah has no laws on carrying openly a long gun (rifle or shotgun). Please use discretion when doing so; while it is your right to carry a long gun in public, it does tend to alarm the public, even in gun-friendly communities. Pistols have been a normal part of daily self-protection throughout the United States since its inception and are intended for such daily carry purposes. Please don't carry long guns into Chipotle just to make a point; Utah allows you to openly carry handguns. Save openly carried long guns for dire circumstances when they're needed, such as a riot or a major disaster. Still, it's your right, so if you chose to openly carry a long gun, please exercise your right wisely.
Does my gun have to be visible from three sides?
No. Utah considers a firearm to be concealed when it is covered, hidden, or secreted in a manner that the public would not be aware of its presence. If a firearm is visible enough that someone is aware of the firearm's presence, it is obviously not concealed.
If I use an inside the waistband holster (IWB), and only the butt of my pistol is visible outside of my clothes, is that open carry?
Yes. The requirement for a weapon to be openly carried is that it is carried upon the person in such a manner as to be discernible by ordinary observation. In other words, if you can see it and tell that it’s a gun, it’s openly carried. The described method is also known as ‘Virginia Tuck’, stemming from a former Virginia law where concealed carry was illegal in bars, so patrons would tuck their shirt to expose the butt of their pistol to be considered openly carried.
The possession of a dangerous weapon, whether visible or concealed, without additional behavior which is threatening does not constitute brandishing. Brandishing is drawing or exhibiting a dangerous weapon in the presence of two or more persons in an angry and threatening manner. 76-10-506
Can I openly carry a rifle or a shotgun?
Utah has no laws on carrying openly a long gun (rifle or shotgun). Please use discretion when doing so; while it is your right to carry a long gun in public, it does tend to alarm the public, even in gun-friendly communities. Pistols have been a normal part of daily self-protection throughout the United States since its inception and are intended for such daily carry purposes. Please don't carry long guns into Chipotle just to make a point; Utah allows you to openly carry handguns. Save openly carried long guns for dire circumstances when they're needed, such as a riot or a major disaster. Still, it's your right, so if you chose to openly carry a long gun, please exercise your right wisely.
Does my gun have to be visible from three sides?
No. Utah considers a firearm to be concealed when it is covered, hidden, or secreted in a manner that the public would not be aware of its presence. If a firearm is visible enough that someone is aware of the firearm's presence, it is obviously not concealed.
If I use an inside the waistband holster (IWB), and only the butt of my pistol is visible outside of my clothes, is that open carry?
Yes. The requirement for a weapon to be openly carried is that it is carried upon the person in such a manner as to be discernible by ordinary observation. In other words, if you can see it and tell that it’s a gun, it’s openly carried. The described method is also known as ‘Virginia Tuck’, stemming from a former Virginia law where concealed carry was illegal in bars, so patrons would tuck their shirt to expose the butt of their pistol to be considered openly carried.
Campus Carry (colleges/universities)
Generally, firearms are prohibited at (per 76-10-505.5):
Permittees 18-20 (provisional CCW) may not carry a concealed firearm in a public or private elementary or secondary school or on the grounds. This does not apply to colleges. 53-5-710(2) HB198 (2017)
Open carry is permitted on campuses K-12 and colleges/universities with a concealed firearm permit. Some campuses may attempt to interfere with open carry. There is some debate on whether or not open carry is allowed inside the building of K-12 schools.
Colleges and universities may allow students to request dorm roommates who are not licensed to carry a concealed firearm and to establish not more than one "secure area" for hearings. 53B-3-103
- In, or on the grounds, of a public or private elementary or secondary school;
- In, or on the grounds, of a public or private institution of higher education;
- Inside a preschool or child care facility.
- Concealed firearm permittees, including those with temporary permits; 53-5-704, 53-5-705
- While at your residence or private property, if on campus; 76-10-511
- Law enforcement officers; 76-10-523
- The possession is approved by the responsible school administrator;
- The item is present or to be used in connection with a lawful, approved activity;
- In any vehicle lawfully under the person's control (excluding school vehicles/school buses).
Permittees 18-20 (provisional CCW) may not carry a concealed firearm in a public or private elementary or secondary school or on the grounds. This does not apply to colleges. 53-5-710(2) HB198 (2017)
Open carry is permitted on campuses K-12 and colleges/universities with a concealed firearm permit. Some campuses may attempt to interfere with open carry. There is some debate on whether or not open carry is allowed inside the building of K-12 schools.
Colleges and universities may allow students to request dorm roommates who are not licensed to carry a concealed firearm and to establish not more than one "secure area" for hearings. 53B-3-103
Can I carry a gun near a school? Don't I have to be 1000 feet away?
This is a federal law that is not enforced by Utah law enforcement and there is no applicable similar Utah law (unlike some states); HB 75 in 2011 repealed the state law. You generally will not be prosecuted unless you are doing something else illegal, such as involved in gang activity or drug violations, that interest federal law enforcement. The law was intended to apply to drug dealers and gang members, not the law abiding citizen.
The Gun-Free School Zones Act of 1990 basically states that one cannot "knowingly to possess a firearm [...] in "a school zone." 'School zone' is defined as "in, or on the grounds of, a public, parochial or private school; or (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school." It includes all public roads and sidewalks within that 1,000 foot buffer zone. It does not apply on private property, to a licensed concealed firearm permittee (state law does prohibit guns on campuses except with written authorization), or an unloaded weapon in a locked container/rack.
The law was found unconstitutional in its original version, so, to skirt the constitutional issue, the language was altered to say that it was a matter of 'interstate commerce' as all guns have moved in interstate travel as part of manufacturing and shipping and thus under the authority of Congress.
This is a federal law that is not enforced by Utah law enforcement and there is no applicable similar Utah law (unlike some states); HB 75 in 2011 repealed the state law. You generally will not be prosecuted unless you are doing something else illegal, such as involved in gang activity or drug violations, that interest federal law enforcement. The law was intended to apply to drug dealers and gang members, not the law abiding citizen.
The Gun-Free School Zones Act of 1990 basically states that one cannot "knowingly to possess a firearm [...] in "a school zone." 'School zone' is defined as "in, or on the grounds of, a public, parochial or private school; or (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school." It includes all public roads and sidewalks within that 1,000 foot buffer zone. It does not apply on private property, to a licensed concealed firearm permittee (state law does prohibit guns on campuses except with written authorization), or an unloaded weapon in a locked container/rack.
The law was found unconstitutional in its original version, so, to skirt the constitutional issue, the language was altered to say that it was a matter of 'interstate commerce' as all guns have moved in interstate travel as part of manufacturing and shipping and thus under the authority of Congress.
Secure Area (Campuses)
"Secure area" means any area into which certain persons are restricted from transporting any firearm, ammunition, dangerous weapon, or explosive. A "secure area" may not include any area normally accessible to the public. 76-8-311.1
Colleges and universities may prohibit or control by rule any firearm, ammunition, dangerous weapon within the secure area. At least one notice shall be prominently displayed at each entrance to an area in which a firearm, ammunition is restricted. 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. The entity operating the facility shall be responsible for weapons while they are stored in the storage area. 76-8-311.1
Colleges and universities shall use mechanical, electronic, x-ray, or similar devices used to detect firearms, ammunition, or dangerous weapons contained in the personal property of or on the person of any individual attempting to enter a secure area hearing room. An individual required or requested to attend a hearing in a secure area hearing room shall be notified in writing of the requirements related to entering a secured area hearing room. The restriction of firearms, ammunition, or dangerous weapons in the secure area hearing room can only be in effect only during the time the secure area hearing room is in use for hearings and for a reasonable time before and after its use. Reasonable space limitations shall be applied to the secure area hearing room as warranted by the number of individuals involved in a typical hearing. 53B-3-103
Colleges and universities shall use mechanical, electronic, x-ray, or similar devices used to detect firearms, ammunition, or dangerous weapons contained in the personal property of or on the person of any individual attempting to enter a secure area hearing room. An individual required or requested to attend a hearing in a secure area hearing room shall be notified in writing of the requirements related to entering a secured area hearing room. The restriction of firearms, ammunition, or dangerous weapons in the secure area hearing room can only be in effect only during the time the secure area hearing room is in use for hearings and for a reasonable time before and after its use. Reasonable space limitations shall be applied to the secure area hearing room as warranted by the number of individuals involved in a typical hearing. 53B-3-103
Car Carry
A person may not carry a loaded firearm in or on a vehicle unless the vehicle is in the person's lawful possession or the person is carrying the loaded firearm in a vehicle with the consent of the person lawfully in possession of the vehicle. Basically, in your own car, or if the driver is okay with you having a loaded gun, loaded cary carry is legal.
Can I carry a loaded firearm on a bus/mass transit? In a taxi? In a Uber or Lyft car?
If the company has a policy against loaded firearms in their vehicles, or the driver denies permission (see above), the firearm must be unloaded and securely encased. "Securely encased" means not readily accessible for immediate use, such as held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other storage area of a motor vehicle, not including a glove box or console box. 76-10-501(18)
A person may not possess a loaded rifle, shotgun, or muzzle-loading rifle in a vehicle, meaning the chamber is empty (76-10-505). A legally carried loaded handgun may be carried in a vehicle. A firearm carried on the person (on the body) would still require a concealed firearm permit. Unloaded, unlicensed open carry of a handgun would still be legal. Minors may not have a loaded firearm in a vehicle.
"Parking lot carry" on school property is legal, in any vehicle lawfully under the person's control, other than a vehicle owned by the school or used by the school to transport students. 76-10-505.5
Shooting from a vehicle is illegal, except in self-defense. 76-10-508(1)(a)
For RVs or people living in a vehicle, a person may have a loaded firearm at the person's place of residence, which includes any temporary residence or camp. Loaded car carry is also permissible on private property. 76-10-511
Can I carry a loaded firearm on a bus/mass transit? In a taxi? In a Uber or Lyft car?
If the company has a policy against loaded firearms in their vehicles, or the driver denies permission (see above), the firearm must be unloaded and securely encased. "Securely encased" means not readily accessible for immediate use, such as held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other storage area of a motor vehicle, not including a glove box or console box. 76-10-501(18)
A person may not possess a loaded rifle, shotgun, or muzzle-loading rifle in a vehicle, meaning the chamber is empty (76-10-505). A legally carried loaded handgun may be carried in a vehicle. A firearm carried on the person (on the body) would still require a concealed firearm permit. Unloaded, unlicensed open carry of a handgun would still be legal. Minors may not have a loaded firearm in a vehicle.
"Parking lot carry" on school property is legal, in any vehicle lawfully under the person's control, other than a vehicle owned by the school or used by the school to transport students. 76-10-505.5
Shooting from a vehicle is illegal, except in self-defense. 76-10-508(1)(a)
For RVs or people living in a vehicle, a person may have a loaded firearm at the person's place of residence, which includes any temporary residence or camp. Loaded car carry is also permissible on private property. 76-10-511
All legal methods of carrying off-body in a vehicle
Buses and Mass Transit
76-10-1504 was amended in 2016 by HB 67 to remove the prohibition and penalty for concealed carry on a bus (without a license or other justification).
Can I open carry a handgun in a car?
Yes. Your pistol can be holstered on you or can be visible on a seat, in the center console, in a cup holder, etc.
Can I carry a concealed handgun in a car?
Yes. 76-10-504 and 76-10-505 do not not prohibit a person from carrying a concealed firearm, a loaded handgun or any unloaded firearm (including unloaded rifles and shotguns), in a vehicle in the person's lawful possession or with the consent of the individual who is lawfully in possession of the vehicle. The firearm may be concealed on your person. The 76-10-504 exemption to the permit requirement applies only to "in or on a place other" than the vehicles mentioned above, in addition to a person's residence, business, or private property.
Does my gun have to be visible in my car?
No, it does not have to be visible. Legally carried guns in cars may be anywhere; in the glove box, center console, map pocket, under the seat, in the trunk, in a cargo box, on the dash, in a cup holder, on the seat, in a gun case, in a purse, etc. 76-10-504 only requires a firearm that is "readily accessible for immediate use" be unloaded and "securely encased" when carried without the permission of the person in lawful possession of the vehicle (for instance, a bus passenger). If one does not have permission to have a loaded, concealed firearm in the vehicle, the firearm must be unlocked and "securely encased" held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other storage area of a motor vehicle, not including a glove box or console box. 76-10-501(18])
If the police pull me over, do I have to tell them there is a gun in the car?
Utah has no law requiring drivers or passengers to volunteer to an officer that they have a firearm in the vehicle. The Utah BCI recommends (oriented to concealed firearm permittees):
76-10-1504 was amended in 2016 by HB 67 to remove the prohibition and penalty for concealed carry on a bus (without a license or other justification).
Can I open carry a handgun in a car?
Yes. Your pistol can be holstered on you or can be visible on a seat, in the center console, in a cup holder, etc.
Can I carry a concealed handgun in a car?
Yes. 76-10-504 and 76-10-505 do not not prohibit a person from carrying a concealed firearm, a loaded handgun or any unloaded firearm (including unloaded rifles and shotguns), in a vehicle in the person's lawful possession or with the consent of the individual who is lawfully in possession of the vehicle. The firearm may be concealed on your person. The 76-10-504 exemption to the permit requirement applies only to "in or on a place other" than the vehicles mentioned above, in addition to a person's residence, business, or private property.
Does my gun have to be visible in my car?
No, it does not have to be visible. Legally carried guns in cars may be anywhere; in the glove box, center console, map pocket, under the seat, in the trunk, in a cargo box, on the dash, in a cup holder, on the seat, in a gun case, in a purse, etc. 76-10-504 only requires a firearm that is "readily accessible for immediate use" be unloaded and "securely encased" when carried without the permission of the person in lawful possession of the vehicle (for instance, a bus passenger). If one does not have permission to have a loaded, concealed firearm in the vehicle, the firearm must be unlocked and "securely encased" held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other storage area of a motor vehicle, not including a glove box or console box. 76-10-501(18])
If the police pull me over, do I have to tell them there is a gun in the car?
Utah has no law requiring drivers or passengers to volunteer to an officer that they have a firearm in the vehicle. The Utah BCI recommends (oriented to concealed firearm permittees):
Although there is no legal requirement to identify yourself to a law enforcement officer, it is recommended to do so.
If an officer finds or sees a gun on your person during their contact with you, and you have not identified yourself as a permit holder in legal possession of a firearm, the officer may assume you are carrying the gun illegally and may take defensive action. For the safety of all involved, it is recommended to immediately identify yourself to the officer as a permit holder in possession of a handgun. This action gives the officer some assurance they are most likely dealing with a law abiding citizen.
Can I get in trouble for having a gun in my car at work?
Employers or private property owners may prohibit possession of firearms, but cannot ban them from vehicles in parking facilities unless thereis other parking reasonably available or secure storage is provided (34-45-103). This does not protect someone while carrying a gun while at work in violation of their employer's rules. Employers or parking facility owners are not liable for acts involving a firearm (34-45-104). This does not apply to schools (see school carry), government entities (but they cannot make their own rules/laws), religious organizations, owner-occupied single family detached homes and tenant-occupied single family detached homes, and parking facilities regulated by federal law (34-45-107). Anyone who is injured, physically or otherwise, as a result of any policy or rule banning firearms in parking facilities may bring a civil action against their employer or the parking facility owner (34-45-105).
Employers or private property owners may prohibit possession of firearms, but cannot ban them from vehicles in parking facilities unless thereis other parking reasonably available or secure storage is provided (34-45-103). This does not protect someone while carrying a gun while at work in violation of their employer's rules. Employers or parking facility owners are not liable for acts involving a firearm (34-45-104). This does not apply to schools (see school carry), government entities (but they cannot make their own rules/laws), religious organizations, owner-occupied single family detached homes and tenant-occupied single family detached homes, and parking facilities regulated by federal law (34-45-107). Anyone who is injured, physically or otherwise, as a result of any policy or rule banning firearms in parking facilities may bring a civil action against their employer or the parking facility owner (34-45-105).
Police Authority
Authority to detain
A peace officer may stop any person in a public place when he has a reasonable suspicion to believe he has committed or is in the act of committing or is attempting to commit a public offense and may demand his name, address and an explanation of his actions. 77-7-15
Authority for Terry Stop
A peace officer who has stopped a person temporarily for questioning may frisk the person for a dangerous weapon if he reasonably believes he or any other person is in danger. 77-7-16
Authority to temporarily seize a weapon
A peace officer who finds a dangerous weapon pursuant to a frisk may take and keep it until the completion of the questioning, at which time he shall either return it if lawfully possessed, or arrest such person. 77-7-17
A peace officer may stop any person in a public place when he has a reasonable suspicion to believe he has committed or is in the act of committing or is attempting to commit a public offense and may demand his name, address and an explanation of his actions. 77-7-15
Authority for Terry Stop
A peace officer who has stopped a person temporarily for questioning may frisk the person for a dangerous weapon if he reasonably believes he or any other person is in danger. 77-7-16
Authority to temporarily seize a weapon
A peace officer who finds a dangerous weapon pursuant to a frisk may take and keep it until the completion of the questioning, at which time he shall either return it if lawfully possessed, or arrest such person. 77-7-17
Open Carry History
Open carry without a permit is legal in Utah, however prior to May 5, 2021, generally loaded open carry required a concealed firearm permit. "Loaded" was defined as follows (handgun requirement in bold):
(1) For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position.
(2) Pistols and revolvers shall also be deemed to be loaded when an unexpended cartridge, shell, or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired.
(3) A muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders. 76-10-502
NOTE: after May 5, 2021, much of this information will be for historical purposes as anyone who can possess a gun legally after that date and who is 21 or older, may carry a firearm, loaded or unloaded, openly or concealed, without a permit.
"Two mechanical actions" away from firing is a misunderstanding of the law. A better description is no round in the chamber for automatics and pulling the trigger on a revolver would not cause it to fire. In this respect, Utah allows for cartridges in the weapon, but not immediately ready to fire. This is likely a hold-over from when safety mechanisms were less reliable.
Automatics cannot have a round in the chamber (part 1). A common mistake is assuming "one mechanical action" (part 2) would be removing the safety; the law is referring to pulling the trigger. Double action revolvers must have the next chamber to be fired unloaded (part1). It is important to note which direction your revolver rotates so that a hypothetical pull of the trigger would cause the hammer to fall on the empty chamber. For instance, Smith and Wesson revolvers rotate to the left (counter-clockwise) and Colt revolvers to the right (clockwise). Additionally, single action revolvers must have the hammer down on an empty chamber as cocking the hammer will rotate the cartridge into firing position (part 1).
The often repeated "two actions away from firing" is incorrect; this may lead someone to believe it's legal to carry a handgun with a manual safety activated and a loaded chamber under the assumption the "two actions" are removing the safety and pulling the trigger.
Until May 5, 2021, loaded open carry was prohibited on a public street or in a posted prohibited area (where shooting is prohibited) without a concealed firearm permit (76-10-505). Concealed firearm permittees are exempt from this section. 53-5-704(1)(c). After May 5, 2021, anyone 21 and up may carry a loaded firearm, openly or concealed, without a permit.
Automatics cannot have a round in the chamber (part 1). A common mistake is assuming "one mechanical action" (part 2) would be removing the safety; the law is referring to pulling the trigger. Double action revolvers must have the next chamber to be fired unloaded (part1). It is important to note which direction your revolver rotates so that a hypothetical pull of the trigger would cause the hammer to fall on the empty chamber. For instance, Smith and Wesson revolvers rotate to the left (counter-clockwise) and Colt revolvers to the right (clockwise). Additionally, single action revolvers must have the hammer down on an empty chamber as cocking the hammer will rotate the cartridge into firing position (part 1).
The often repeated "two actions away from firing" is incorrect; this may lead someone to believe it's legal to carry a handgun with a manual safety activated and a loaded chamber under the assumption the "two actions" are removing the safety and pulling the trigger.
Until May 5, 2021, loaded open carry was prohibited on a public street or in a posted prohibited area (where shooting is prohibited) without a concealed firearm permit (76-10-505). Concealed firearm permittees are exempt from this section. 53-5-704(1)(c). After May 5, 2021, anyone 21 and up may carry a loaded firearm, openly or concealed, without a permit.