UTAH CONCEAL CARRY
Instructors:
Curt Ebersole
Karl Peterson
Brenda Ebersole
Let’s pass out the packets.
Utah-30+ states
FAQ
Application
Student Outline
Statutory Guidelines

Applicants must complete familiarity
instruction with firearms.
 Understand safe loading, unloading,
storage, and carrying of a concealed
weapon.
 Understand current laws regarding CCW *
Handgun Safety Rules

What is the primary cause of firearm related
accidents?

IGNORANCE
 CARELESSNESS
*
ELEMENTS OF FIREARM
SAFETY
 Positive
Attitude
 Knowledge
 Skill
*
FOUR BASIC GUN SAFETY
RULES
1.
2.
3.
4.
Treat all firearms as if they are loaded
Always keep your finger off the trigger until
your sights are on target and you have made the
decision to fire.
Never point a firearm at anything you are not
willing to destroy.
Before the decision to fire, be sure of your
target, your target’s environment and any other
safey hazards.
*
OTHER SAFETY/RANGE RULES
1.
2.
3.
4.
5.
6.
7.
8.
9.
Know your target and what is beyond.
Know how to use the firearm safely.
Be sure the firearm is safe to operate.
Use only the correct ammunition
Wear eye and ear protection
NEVER use alcohol or drugs
Store all firearms so they are not accessible to
unauthorized persons, i.e. children, restricted persons,
etc.
Never handle a handgun in an emotional state such as
anger
Keep the firearm unloaded until ready for use.
*
OTHER SAFETY CONSIDERATIONS
1.
2.
3.
4.
5.
Be a knowledgeable gun handler and user.
Before starting to clean a gun, be certain is it not
loaded.
Cleaning a gun also provides an opportunity to
check the proper function of the gun.
Always be sure the barrel is free of obstructions.
When handing a pistol to another person, always
be sure that the muzzle is pointed in a safe
direction, your finger is off the trigger, the
action is open, magazine has been removed and
the chamber is empty.
*
OTHER SAFETY CONSIDERATIONS




Carry only one type of ammo to avoid mixing
different types.
If in possesion of an old or antique firearm, or
gun that is a military souvenir, be sure that it is
unloaded.
Never fire at surfaces that can cause a bullet to
ricochet, such as water, or hard flat surfaces.
If a cartridge fails to fire when the trigger is
pulled, keep the muzzle pointed in a safe
direction; don’t attempt to open the action to
remove the cartridge for at least 30 seconds. *
OTHER SAFETY CONSIDERATIONS

If anything unusual is noticed when a shot is
fired, such as a difference in recoil or in noise,
immediately do the following:
1. Stop firing immediately.
2. Keep the muzzle pointed in a safe direction.
3. Keep your finger off the trigger.
4. Unload the gun and check to be sure the
chamber is empty; and
5. Visually inspect the barrel for obstructions. *
PERMIT HOLDERS ARE
RESPONSIBLE FOR TEACHING
THEIR CHILDREN AND OTHER
OCCUPANTS IN THEIR HOME
ABOUT FIREARM SAFETY *
Responsibility



The permit holder should be a positive role
model for their children.
Children should be taught the difference
between television, toys and real life.
Children should be taught what to do if they
come across a firearm without an adult present:
1.
2.
3.
4.
Stop
Don’t Touch
Leave the area
Tell a responsible adult
*
HANDGUN PARTS AND OPERATION
Revolver and Semi Auto
FRAME: The frame of the revolver and semiautomatic is the backbone to which all other
parts are attached.
1. GRIP PANELS-Grip portion of the grip frame.
2. BACKSTRAP-Rear vertical portion of frame.
3. TRIGGER GUARD-Trigger protection to
reduce unintentional firing.
4. SIGHTS-Front and rear sights used for aiming *
HANDGUN PARTS AND OPERATION
Revolver and Semi Auto
BARREL: The barrel is a metal tube through
which a bullet passes on its way to the
target.
 BORE-Inside the barrel.
 RIFLINGS-Combination of lands and
grooves which adds flight stability.
 CALIBER-The distance between the
lands.
*
HANDGUN PARTS AND OPERATION
ACTION-Group of moving parts used to load, fire
and unload the pistol (Revolver/Auto)

REVOLVER:
1.
TRIGGER-When the trigger is pulled, it activates the hammer
which in turn causes the firing pin to strike and fire the cartridge.
2.
CYLINDER-Holds cartridges in individual chambers arranged
in a circular pattern. Each time the hammer moves to the rear,
the cylinder turns and brings a new chamber to line with the
barrel and firing pin.
3.
CYLINDER RELEASE LATCH-Releases the cylinder and
allows it to swing out so that cartriges can be loaded and
unloaded.
4.
TWO TYPES OF REVOLVER ACTIONS


Single Action-Trigger performs only one action, releases the
hammer, firing the pistol
Double Action-Trigger performs two tasks. Cocks and releases the
hammer, firing the pistol.
*
HANDGUN PARTS AND OPERATION
ACTION-Semi Automatics
1.
SLIDE-Upon intial loading of all semi-automatics, the first cartridge
must always be manually cycled into the firing chamber by
retracting the slide and then releasing it. As the slide returns to the
closed position, it removes a cartridge from the top of the magazine
and inserts in into the chamber.
2.
MAGAZINE-The magazine is a storage device designed to hold
cartridges ready for insertion into the chamber.
3.
MAGAZINE RELEASE-A device that releases the magazine so
that it can be removed from the pistol.
4.
TRIGGER-When the trigger is pulled, it activates the hammer (or
internal firing mechanism) which when released, causes the firing
pin to strike and fire the cartridge. The slide moves to the rear
ejecting the empty cartridge case and usually cocking the pistol in
the process. The cartridges in the magazine are forced upward by
the magazine spring into the path of the slide. When the slide moves
forward, it picks up and pushes the top cartridge into the chamber. *
THERE ARE THREE TYPES OF AUTOMATICS:



SINGLE Action-1911-The trigger performs a single task,
releasing the external hammer or the internal firing device so
that the firing pin hits the cartridge.
DOUBLE/SINGLE Action-Beretta-The trigger performs two
tasks, It cocks the external hammer for the first shot, and also
releases the external hammer. After the first shot is fired the
movement of the slide on ejection of the spent cartridge will
cock the external hammer. With these mechanisms cocked,
all successive shots will be single action.
DOUBLE ACTION only-Glock-The trigger will cock and
release the external hammer or internal firing mechanism on
the first shot and successive shots.
*
DEMONSTRATIONS OF THE FOLLOWING:

How to check both revolvers and semi-autos
to ensure proper function of the firing
mechanism and safety.
 Explanation and demonstration of safe
loading, cocking, uncocking, and unloading
procedures for both revolvers and semi
automatics.
 Familiarize yourself with the owner’s manual.
 Know and be familiar with cylinder rotation
direction of revolvers….especially yours. *
AMMUNITION
TYPES OF CARTRIDGES
CENTER-FIRE
2. RIM FIRE
1.
*
AMMUNITION
COMPONENTS OF CARTRIDGES


CASE-Metal cylinder (usually made of brass) that is closed on
one end and contains other components such as a primer,
powder and bullet.
PRIMER-An impact sensitive chemical compound used for
ignition.
Rimfire-The primer is contained in the inside rim of the case’s base.
Centerfire-The primer is contained in a small metal cup and is located in
the center of the case’s base.
POWDER CHARGE-A fast burning chemical compound used as a
propellant and is contained inside the body of the case.
BULLET-A projectile, usually made of lead and sometimes covered with a
layer of copper or other metal, and is located at the mouth of the case.
WAD (Shotgun Only)-Plastic cup inside a shotgun cartridge used to contain
the shot or projectile for use in a shotgun.
*
1.
2.



CARTRIDGE FIRING
SEQUENCE
1.
2.
3.
4.
Pulling the trigger of the pistol will cause the firing
pin to hit and ignite the primer.
The flame generated by the primer ignites the powder
in the cartridge.
The powder burns very rapidly and produces a high
volume of gas.
These expanding gases push the bullet out of the
cartridge case and propel it out of the pistol barrel at a
high rate of speed 800-4000 FPS.
*
Ammo Safety Guidelines


Inspect ammunition for safety flaws and imperfections.
Understand range capabilities of ammunition.
1.
2.

Remember rule #4-Be sure of your target and behind it.
Discussion about dangerous capabilities of pistol ammo.
Be sure to use the proper caliber ammunition with the
gun to be fired.
1.
2.
3.
380 vs 9mm
38 vs 357 magnum
45 long colt vs 410 shotgun
*
Ammo Safety Guidelines cont’d
Defensive Ammunition







Reliability-The ability of a firearm to consistently chamber, fire,
extract and eject a particular load without malfunctions.
Controllability-The ability to fire multiple rounds and still
manage recoil and maintain accuracy.
Stopping Power-The ability of a cartridge to quickly incapacitate
An assailant or otherwise cause an assailant to stop his attack.
Accuracy-Ability of the gun and ammunition combination to
shoot to the point of aim indicated by the sights.
Muzzle Flash-When in excess will impair night vision and
illuminate your position.
Hollow-points-They open up and expand upon impact. This
more efficently transfers energy and also prevents over
penetration or complete penetration that could endanger the lives
of others.
*
LET’S TALK ABOUT PRACTICE AMMO

Non-expanding-Typical full metal jacket.
Involves greater penetration.

Reduced powder charge-More manageable
recoil.

Reduced cost-
*
Care and Storage
of
Ammunition
.





Always keep ammunition in factory box or container that can be
properly labeled.
Store ammunition in a cool dry place free from extreme
temperature variations.
Store ammunition separately from guns and not accessible from
unauthorized persons, especially children
Never submerge in water or expose to any solvents, petroleum
products, bore cleaner, amonia or other chemicals. Chemicals
can penetrate the cartridge and cause the primer or the powder to
deteriorate.
Explanation of the importance of rotating defensive ammunition
stored for long periods of time in your handgun.
*
AMMUNITION MALFUNCTIONS

Misfire-Failure of the cartridge to fire after
the primer has been struck by the firing pin
 Hangfire- A perceptible delay in the
ignition of a cartridge after the primer has
been struck by the firing pin.
 Squib load-Development of less than
normal pressure or velocity after ignition
of the cartridge. Unusual difference in
recoil or noise.
**
DEALING WITH MALFUNCTIONS


Misfire-Hangfire: Keep the pistol pointed in a
safe direction-a hangfire might exist and the
cartridge could still fire. Don’t attmept to open
the action of the pistol to remove the cartridge
for at least 30 seconds
Squib load:Keep the muzzle pointed in a safe
direction, wait 30 seconds and then unload gun.
Check to make sure the chamber is empty and
the barrel free of obstructions.
*
Fundamentals of Handgun Shooting
There are three primary two handed shooting
stances:
 Isosceles Stance
 Weaver Stance
 Modified Isosceles Stance
Two Handed Shooting Stances
Isosceles Stance- This position is so named because in this







position your extended arms when seen from above resemble an
isosceles triangle.
Feet are placed shoulder width apart.
Feet and shoulders are square to the target.
Knees are slightly bent with weight slightly forward on the balls
of the feet.
Two-handed grip of the gun with the arms extended forward and
the elbows slightly bent.
The head is erect, not hunched and shoulders are at normal
height.
The firearm is lifted to the level of the eyes for aiming
This is a more instinctive and natural position for most shooters.
*
….more stances
Weaver Stance- Named for former San Diego County Sheriff Jack







Weaver.
Feet are positioned in a boxer stance with the strong foot
rearward.
The weak shoulder is angled toward the target.
The knees are flexed and the body weight is carried slightly
forward, on the balls of the feet.
The elbows are bent downward to bring the gun closer to the
body than the isosceles.
The head is tipped slightly to view the sights.
An isometric action is employed between the stong and weak
arm for stability.
The recoil is absorbed through the bent elbows and the isometric
pushing and pulling between the strong and support hand.
*
….more stances
Modified Isosceles Stance: This position
incorporates the natural, fully-extended
arm position of the isosceles position with
the stability of the asymmetrical boxer’s
stance foot placemnt of the Weaver
position.
 Allows better recoil absorbtion.
 The head is level and the body leans
forward.
*
GET A GRIP
HAND GRIP-Operate firearm repeatedly without changing grip.
BODY POSITION-Least amount of body and firearm movement.
BREATH CONTROL-Control breathing to minimize body and
firearm movement.
SIGHT ALIGNMENT-The relationship of the eye in alignment with
the rear and front sight.
TRIGGER SQUEEZE-The ability to apply increasing pressure on the
trigger and allow the hammer to fall without disturbing the sight
picture.
FOLLOW THROUGH-Stabilizing recoil, maintaining grip and
stance, regaining front sight focus, resetting the trigger and
preparing for follow up shot if a threat persists.
*
Rules to follow…On the Range


Always fully comply with the range officers instructions.
Follow the 4 safety rules.
1.
2.
3.
4.



Treat all firearms as if loaded
Always keep finger off of trigger until you are on target and ready and
you have made the decision to fire.
Never point a firearm at anything you are not willing to destroy.
Before the decision to fire, be sure of your target, your target’s
environment and any other safety hazard.
Wear eye and ear protection at all times during practice shooting.
How do you hand a firearm to another person (Demonstration)
Explaination and demonstate the three combat postions for a
firearm: a. In the holster or case b. at the ready c. on target *
Failure To Fire

Faulty Ammunition-Type I malfunction-faulty ammo,
mag not seated.
 Failure to Eject-Type II-Stovepipe, partial ejection
 Feedway Stoppage-Type III-Double feed, extractor
gummed or broken guide rods. Extractor does not get a
good grip on the spent cartridge. Chamber blocked.
 Failure to go to battery-Type IV-Bad chamber design.
Weak guide spring. Extremely dirty guide rails or guide
rod.
Malfuntion Resolution: Tap, Invert, Rack, Reassess
*
DEMONSTRATION OF:

Safe Loading
 Cocking
 Uncocking
 Unloading
REVOLVERS
VS SEMIAUTOMATICS*
Maintenance and Cleaning of:

Why is it important to clean and
maintain?
 Safety considerations when cleaning….
 How do you clean a revolver?
 How do you clean a semi-automatic?
*
Holsters and Holstering



What is the purpose of a holster?
What are the different types of holsters?
Advantages and disadvantages:
1. Safety
2. Accessibility
3. Security
4. Concealment


Methods of carry….
Safety is the first consideration
*
Safe Concealment Considerations…

The firearm should be in a holster or case
 The firearm should be hidden from view
and be placed so that it is only accessible
to the individual carrying it.
 A handgun should not just be thrown in a
glovebox, under the car seat or a drawer.
 The permit holder is responsible for their
firearm at all times.
*
Safe Storage of Firearms/Ammo

Firearms should be stored unloaded.
(Storage is when the firearm is not
available for immediate use)
 Recommend that firearms and
ammunition are stored separately.
 Recommend that both are properly
secured.
*
Storage Devices
Safes
2. Locked Cases
3. Safe Proofing Devices
4. The need for safety does not end just
because you do not have the firearm with
you.
*
1.
Child Proofing
Do not store firearm where it is visible.
2. Storage area is not accessible to children.
3. Educate
4. Safety, Safety, Safety.
*
1.
REVIEW OF ALL FEDERAL
AND STATE CODES, RULES
AND REGULATIONS THAT
PERTAIN TO FIREARMS OR
DEFINITIONS CONTAINED
THEREIN…..
Legal Review

Utah Law:
– Concealed Firearm Act
 53-5-701 to 53-5-711
– Justification of Force
 76-2-401 to 76-2-407
– Rules of Arrest
 77-7-1, 77-7-3
– Weapons in Prohibited areas
 76-8-311.1 to 76-8-311.3
– Assault and Related offenses
 76-5-102,103,104
– Weapons Laws
 76-10-500 to 76-10-530

Federal Law ,(18
U.S.C. Chapter 44,
Section 922)
– Straw Purchase
– Unlawful Transport
– Unlawful Transfer
– Unlawful Possession
– Unlawful possession at
a school zone
Concealed Firearm Act

U.C.A. 53-5-704 (1)(a), The bureau shall
issue a permit to carry a concealed firearm
for lawful self defense to an applicant who
is 21 years of age or older 60 days after
receiving an application.
Uniform Law, Weapons U.C.A. 7610-500(2)
Unless specifically authorized by the
Legislature by statute, a local authority or
state entity may not enact or enforce any
ordinance, regulation or rule pertaining to
firearms.
Justification of Force
Justification of Force

76-2-402 – Force in defense of a person
– A person must reasonably believe that force or threat of
force is necessary to defend the person or a third person
against another person’s imminent use of unlawful force
– Force used that is intended or likely to cause death or
serious bodily injury may only be used to prevent death or
serious bodily injury to himself or a third person or to
prevent the commission of a forcible felony.
– A person does not have a duty to retreat from threatened
force in a place where that person has lawfully entered or
remained
Justification of Force
U.C.A. 76-1-601 “Serious bodily injury”
means bodily injury that creates or causes
serious permanent disfigurement, protracted
loss or impairment of function of any bodily
member or organ, or creates a substantial risk
of death
Justification of Force

76-2-402 (4) Forcible felonies defined
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
Aggravated Assault
Murder/Aggravated Murder
Mayhem
Manslaughter
Kidnapping/Aggravated Kidnapping
Rape
Forcible Sodomy
Object Rape
Rape/Object Rape of a Child
Sexual Abuse/Aggravated Sexual Abuse of a Child
Aggravated Sexual Assault
Arson
Robbery
Burglary
Vehicle Burglary (when occupied)
Any other felony offense which involves the use of force or violence
against a person so as to create a substantial danger of death or serious
bodily injury
Justification of Force

76-2-405 – Force in defense of habitation
– A person reasonably believes force is necessary to prevent
or terminate unlawful entry into or attack on the habitation
– Force likely to cause death or serious injury is justified
only if


The entry is made or attempted in a violent tumultuous manner,
surreptitiously, or by stealth and he reasonably believes the entry is
made or attempted for the purpose of assaulting or offering
personal violence or
He reasonably believes that the entry is made or attempted for the
purpose of committing a felony in the habitation and the force is
necessary to prevent the commission of the felony
Firearms at Residence
U.C.A. 76-10-511
Except for persons described in Section 76-10503, a person may have a loaded firearm at his
place of residence, including any temporary
residence or camp.
Residence defined: An improvement to real
property used or occupied as a primary or
secondary residence; i.e. tent, trailer, motor
home, motel room, etc.
Justification of Force

76-2-406 – Force in defense of property
– A person is justified in using force, other than
deadly force, when he reasonably believes that
force is necessary to prevent or terminate criminal
interference with real or personal property



Lawfully in his possession; or
Lawfully in the possession of a member of his
immediate family; or
Belonging to a person whose property he has a legal
duty to protect

Justification of Force
76-2-407 Deadly force in defense of persons on real
property
– A person is justified in using force intended or likely to cause
death or serious bodily injury against another in his defense of
persons on real property other than his habitation if:




He is in lawful possession of real property;
He reasonably believes that the force is necessary to prevent or
terminate the trespass onto real property;
The trespass is made or attempted by use of force or in a violent and
tumultuous manner; and
The trespass is attempted or made for the purpose of committing
violence against any person on real property and he reasonably
believes that the force is necessary to prevent personal violence; or
the person reasonably believes that the trespass is made or attempted
for the purpose of committing a forcible felony that poses imminent
peril of death or serious injury and that the force is necessary to
prevent the commission of that forcible felony
Justification of Force

Considerations in determining reasonableness
of force
– Nature of danger
– Immediacy of danger
– Probability that unlawful force would result in
death or serious bodily injury
– Prior violent acts or propensities
– Patterns of abuse or violence
Unjustifiable Circumstances

Initially provokes the use of force as an excuse
to inflict bodily harm;
 Is attempting to commit, committing or fleeing
after the commission or attempted commission
of a felony;or
 Was the aggressor or was engaged in a combat
by mutual agreement unless he withdraws
from the attack and effectively communicates
his intent to withdrawal.
Arrest by Private Persons
U.C.A. 77-7-3

A private person may arrest another:
– For a public offense committed or attempted in his presence;
or
– When a felony has been committed and he has reasonable
cause to believe the person arrested has committed it

Arrest Defined: An arrest is an actual restraint of the
person arrested or submission to custody. The person
shall not be subjected to any more restraint than is
necessary for his arrest and detention U.C.A. 77-7-1
Secured / Prohibited
Areas
Weapons in
Prohibited Areas
53-5-710 A person with a CFP may not carry a
firearm into the following locations:
– Any secure area in which firearms are prohibited and
notice posted (76-10-523.5)

Courts, Law Enforcement, Correctional & Mental Health
Facilities
– Any airport secure area (76-10-529)
– Any house of worship or private residence where
dangerous weapons are prohibited (76-10-530)
– Otherwise prohibited by State or Federal Law

Federal Buildings, Post Offices, etc.
Possession at “Federal Facility”
Prohibited,18 U.S.C. 930 (a)

The term “Federal Facility” means a
building or part thereof owned or leased by
the Federal Government, where Federal
employees are regularly present for the
purpose of performing their official duties
Weapons in Prohibited Areas Cont.
Clarification on Allowed Carry Areas
Indian Reservations: Each tribe is self governing, it is necessary
to contact tribal leadership to obtain permission to carry on the
reservation.
Exception: If a highway/interstate runs through the
reservation, no permission needed as long as you remain on
the highway.
National Parks: Effective February 22, 2010, an individual can
carry as long as the national park is located in a state where
Concealed Firearms are permitted, must abide by that state’s
CFP laws.
National Forests: Are not parks, they are governed by the state
in which they are located (hunting, etc.)
Churches and Private Residence U.C.A.
76-10-530 (1)

A person, including a person licensed to carry a
concealed firearm, after notice has been given
that firearms are prohibited, may not knowingly
and intentionally:
– A. transport a firearm into:
A house of worship; or
 A private residence; or
– B. While in possession of a firearm, enter or
remain in:
 A house of worship; or
 A private residence

Churches, Notification to the division 7610-530 (4) (a) (i)

Within 30 days of giving or revoking any notice
pursuant to Subsections (2)(c)(d)or (e), a church or
organization operating a house of worship shall notify
the division on a form and in a manner as the division
shall prescribe.

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).
Churches, Notification of Prohibition 76-10530 (2) (a)-(d)
a.
b.
c.
d.
e.
Personal communication to the actor by the owner, lessee, or person
with lawful right of possession or person with authority to act for the
person or entity;
Posting of signs reasonably likely to come to the attention of persons
entering the house of worship or private residence;
Announcement by a person with authority to act for the church or
organization operating the house of worship in a regular
congregational meeting;
Publication in a bulletin, newsletter, worship program or similar
document generally circulated or available to members of a
congregation regularly meeting in a house or worship
Publication in a newspaper or general circulation in the county in
which the house of worship is located or the church or organization
operating the house of worship has it’s principal office in this state.
Church News Paper Notification
Discharge of Firearm on Private Property
–Liability

U.C.A. 53-5a-103, A private property owner who
knowingly allows a person who has a permit to carry a
concealed firearm under Section 53-3-704 to bring a
firearm onto the owner’s property, is not civilly or
criminally liable for any damage or harm resulting from
the discharge of the firearm by the permit holder while on
the owner’s property.

Does not apply if the property owner solicits, requests,
commands, encourages, or intentionally aids in the
firearms discharge.
Assault and Related
Offenses
Assault
U.C.A. 76-5-102

An attempt with unlawful force or
violence, to do bodily injury to another;
 A threat accompanied by a show of
immediate force or violence, do to bodily
injury to another; or
 An act committed with unlawful force or
violence, that causes bodily injury to
another or creates a substantial risk of
bodily injury to another
Aggravated Assault
U.C.A. 76-5-103

Intentionally causes serious bodily injury to
another; or
 Under circumstances not amounting to
serious bodily injury, uses a weapon as
defined in 76-1-601 or other means or force
likely to produce death or serious bodily
injury.

Terroristic Threats
U.C.A. 76-5-107
A person commits terroristic threat if he threatens
to commit any offense involving bodily injury,
death, or substantial property damage, and
– Acts with intent to:


Place a person in fear of imminent serious bodily injury,
substantial bodily injury, or death;
Is no defense that the person did not attempt or was
incapable of carrying out the threat.
 The threat may be either expressed or implied
Weapons Laws, Threatening Manner

Defined: 76-10-506 (1)
Threatening manner does not include:

The possession of a dangerous weapon, whether visible or
concealed, without additional behavior which is
threatening; or

Informing another of the actors possession of a deadly
weapon in order to prevent what the actor reasonable
perceives as a possible use of unlawful force by the other
and actor is not engaged in any activity described in
Subsection 76-2-402(2)(a) (use of force).
Weapons Laws, threatening with or using
dangerous weapons in fight or quarrel, U.C.A.
76-10-506 (2) (3)




Except as provided in 76-2-402 (use of force) and for
persons described in 76-10-503 (Restricted Persons)
Displays any dangerous weapon in an angry or
threatening manner or
Unlawfully uses a dangerous weapon in a fight or quarrel
This section does not apply to a person who, reasonably
believes the action to be necessary in compliance with
Section 76-2-402 (Use of force) with purpose to prevent
another’s use of unlawful force:
– Threatens the use of a dangerous weapon; or
– Draws or exhibits a dangerous weapon
Weapons Laws
Uniform Law, Weapons
U.C.A. 76-10-500

Except as specifically provided by state
law, a citizen of the United States or a
lawfully admitted alien shall not be:
– Prohibited from owning, possessing, purchasing,
selling, transferring, transporting, or keeping
any firearm in his place of residence, property,
business, or in any vehicle lawfully in his
possession or lawfully under his control; or
– Required to have a permit or license to purchase,
own, possess, transport, or keep a firearm.
Open Carry
Other Applicable Criminal
Statutes

The right to open carry is not absolute.
 Illegal to draw or exhibit a dangerous weapon in an
angry or threatening manner or in a fight or quarrel,
except in necessary self defense (76-10-506)
 Illegal to possess a deadly weapon with intent to
assault (76-10-507)
 Cannot create or contribute to a nuisance, defined as
any condition dangerous to human life. (76-10-801)
Carrying Loaded Firearm in Vehicle or on
Street (76-10-505)

A person may carry a loaded and concealed firearm in a vehicle if:
– The person is 18 years old
– Is in lawful possession of the vehicle
– Other occupant has consent from the person in lawful control
– Allowance extends to handguns only

A person may carry on a public street if:
– The person has a concealed firearm permit
– A person without a CFP must carry in plain view and statutorily
unloaded
At your earliest opportunity, take time to read over the exact
details of the new law
Motor Vehicle Defined

41-6a-102 (34) Means a vehicle which is
self propelled and every vehicle which is
propelled by electric power obtained from
overhead trolley wires, but not operated
upon rails. Effective October 1, 2008.
Firearms in a Vehicle Cont.
Chapter 45 Protection of Activities in Private Vehicles
Legal for people to have firearms stored in their locked vehicles parked on private property
Exceptions:
 An employer can provide alternative parking at no cost to the employee
 Provide a secured and monitored storage location where the individual may securely store a
firearm before proceeding with the vehicle on to the property
U.C.A. 34-45-107 Exemptions to Private Parking Lots
School Premises:
* Are exempt from this chapter
Government Entities:
* Including local and state entity
Religious Organizations:
* Acting as an employer are exempt
Residential Units:
* Single family or tenant occupied units are exempt
Guidelines for Law Enforcement
Contact
When stopped for questioning
by a peace officer based on
reasonable suspicion in
accordance with Section 77-7-15,
all individuals, with or without a
permit who are lawful
possessors of firearms in public
and in vehicles are encouraged
to be cooperative and comply
with the lawful orders of police
officers.
Police Officers are Advised the
Following: “Regarding CFP’s”

All enforcement action is done by BCI Investigators, but final
review and findings is done by the CFP board

Do not seize the permit (unless revoked)

If a disqualifying offense for violations regarding a Concealed
Firearm Permit exist, forward a copy of the incident report to
BCI

Always observe officer safety. It is reasonable for an officer
to know where a firearm is and if it is loaded.
Weapons Laws, Loaded Firearm U.C.A. 7610-502

Loaded firearm (applies to non CFP holders)
– An unexpended cartridge in the firing
position
– The manual operation of any mechanism once
would cause the unexpended cartridge to be
fired
Alcohol / Controlled Substances Firearm
Prohibition

U.C.A. 76-10-528 Carrying under the
influence of alcohol or a controlled substance
prohibited
– Same standard as DUI statute 41-6a-502
 Impaired – danger to self or others
 Blood or breath test at or above .08 grams
– It is not a defense
 Has a valid concealed firearm permit
 Licensed in the pursuit of wildlife
Firearms Confiscation Prohibition
U.C.A. 63k-4-405
 Declared
state of emergency or disaster
Hurricane Katrina
– Government and law enforcement may not
confiscate firearms if lawful to possess
– Officer may not be disciplined for refusing to
confiscate
– Law Enforcement and government may be subject
to civil damages
Federal Laws
Federal Laws
U.S. FEDERAL FIREARMS REGULATIONS REFERENCE
GUIDE, TITLE 18, CHAPTER 44 – FIREARMS: Title 18
Chapter 44 - 922 Unlawful acts
(a) (6) Straw Purchase
(a) (3) Unlawful transport of firearm by non-licensed dealer,
importer , manufacturer, or collector
(d) (1) – (9) Unlawful transfer of a firearm to restricted person
(g) (1) – (9)Unlawful Possession of a firearm by restricted person
(q) (2) (A) Unlawful possession of a firearm in a school zone
“Straw” Firearm Purchase 18
U.S.C. 922 (a) (6)
 Knowingly
make or furnish a false or
fictitious oral or written statement or
misrepresented identification intending to
deceive with respect to purchasing a
firearms
Transporting Firearms
18 U.S.C. 926A

Interstate transportation of a firearm for lawful purpose is
allowed if:
– The transporter is not a restricted person
– The firearm is not a restricted firearm (27 CFR,Part
478.28 & 36.
– Cannot transport to engage in business unless an FFL 18
U.S.C. 922 (a) (1- 4)
– Firearm must be unloaded
– Ammunition and firearm not readily accessible or
directly accessible from the passenger compartment
unless in a locked container excluding glove box or
console.
Selling Firearms
18 U.S.C. 922 (a), Unlicensed

Cannot sell to anyone outside your state of
residency
 No registration required, Only transactions at
the FFL dealership are registered
 Cannot sell to anyone under 18 years of age
 Suggest that a non-licensed sale include a bill
of sale between parties to prove the transfer

Unlawful Possession
18 U.S.C. 922 (g)
Conviction of punishable by term exceeding on year
 Fugitive from justice
 Unlawful user of controlled substance
 Adjudicated mentally defective
 Illegal or unlawful in the U.S.
 Dishonorable discharge from the armed forces
 Renounced citizenship in the U.S.
 Protective order
 Conviction of Misdemeanor crime of domestic violence
Possession of Firearm at a
School 18 U.S.C. 44,922 (q)(2)
(a)
Unlawful to possess a firearm at a place that the
individual
nows, or has reasonable cause to believe, is
a school zone.
Exception:
If the individual possessing the firearm is licensed to do
the State in which the school zone is located.
so by
Public schools:
A valid CFP holder can posses a firearm within a public
school.
Private schools can restrict firearms (similar to
private
property owners).
Firearms on School Premises U.C.A.
76-10-505.5

May not possess firearm or dangerous weapon on or about school
premises
 Exceptions:
– Law Enforcement (U.C.A.76-10-523)
– Concealed Firearm Permit Holder (U.C.A.53-5-704)
– Possession approved by Responsible School Administrator
– Lawful, approved activity under control of responsible person
– Residence / Real Property within 1000 feet of school zone
(U.C.A.76-10-511)
– Any vehicle lawfully under person’s control except school owned
vehicles or those used to transport students
– Businesses not located within school buildings; i.e.
elementary,secondary,vocational,postsecondary,preschool, childcare facility





School Premises Defined: U.C.A. 763-203.a
Public or private elementary, secondary, or its
grounds
Public or private vocational school or postsecondary
institution or it’s grounds
Those portions of any building, park, stadium, or
other structure or grounds where a school sponsored
activity is being held
In or on the grounds of a preschool or child-care
facility
Within 1,000 feet of any structure facility, or
grounds mentioned above
Federal Law Penalties

B.
924 Penalties (Unlawful acts)
 (a) (6)
Straw Purchase - The person shall be fined as provided in this title,
imprisoned not more than 10 years, or both. (Felony offense)

(a) (3)
Unlawful transport of firearm by non-licensed dealer, importer ,
manufacturer, or collector – The person shall be fined under this title, imprisoned not
more than five years, or both. (Felony offense)

(d) (1)
Unlawful transfer of a firearm to a restricted person. The person shall
be fined as provided in this title, imprisoned not more than 10 years, or both. (Felony
offense)

(g) (1)
Unlawful possession of a firearm by a restricted person - The person
shall be fined as provided in this title, imprisoned not more than 10 years, or both. (Felony
offense)

(q) (2)
Unlawful possession of a firearm in a school zone – The person shall
be fined under this title, imprisoned not more that 5 years or both. (Felony offense)
Your Responsibility
Laws consistently change!!
It is the responsibility of each permit
holder to keep up with changes in
federal law, Utah law and
administrative rule if applicable.
Online References

BCI Website
– http://publicsafety.utah.gov/bci/

Utah Criminal and Traffic Codes
– www.le.state.ut.us/Documents/code_const.htm
Bureau of Criminal Identification Contact
Information
Physical address/mailing address:
– P.O. Box 148280
3888 W 5400 S,
Salt Lake City, UT 84114-8280
– (801)965-4445

Contacts:
– Laura Gayler
– Program Coordinator
 (801)957-8620
– Phil Leiker
– Firearms Investigator II
 (801)965-4485
– Jeff Dunn
– Firearms Investigator II
 (801)957-8512