Hey guys, sorry if I am digging up a semi-old thread. This is my first post here, but I am no
noob when it comes to Utah firearm laws.
Here is how unlicensed open carry works in Utah.
The "2 action rule" is just that, two mechanical actions to fire. HOWEVER, the law also states that there must not be a round in the firing position.
76-10-502. When weapon deemed loaded.
(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.
First example is a semi auto pistol, lets say a 1911. By some peoples logic, pulling the hammer back, and then pulling the trigger would satisfy the "2 mechanical action", but remember the law also states that there may not be a round in the "firing position". So with an empty chamber, racking the slide to chamber a round would be the first action, and pulling the trigger would be the second.
Next is revolvers. Most people will say that without a permit, two cylinders must be empty. One in line with the barrel, and the next cylinder to advance. This is a safe assumption. However, "firing position" is not defined by the State of Utah, and there are two types of revolvers to consider.
Lets assume for now that, in the case of revolvers, that "firing position" means the round that is under the hammer and inline with the barrel.
With this "assumed definition" in mind a single action revolver would only need one cylinder, under the hammer, to be empty. This would satisfy the requirement to leave the "firing position" empty. A single action revolver will not fire unless you first pull the hammer back. This is the first mechanical action. Pulling the trigger would be the second.
Double action revolvers will fire with just a pull of the trigger, and would therefore require two empty cylinders. The "firing position" may be empty, but pulling the trigger once will cause the next cylinder to fire if not empty.
Obviously, if you possess a concealed firearm permit, from any state or county, then you are exempt from this law and may carry however you please.
One more note to add. Utah's Governor just signed a new law amending 76-10-504 and 76-10-505. Starting May 11th, it will no longer be a crime to carry concealed or loaded handguns in your vehicle without a permit. This change has no affect on persons who already possess a concealed firearm permit.
:blink: Whew! Did you read this far? Sorry about all that... :tongue:
Oh, and I am the Kevin Jensen in this article.
http://www.defensivecarry.com/vbull...-hiding-their-weapons-embrace-open-carry.html
SGT Kevin Jensen
Utah State Researcher,
OpenCarry.org - A Right Unexercised is a Right Lost!