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.
FRAME: The frame of the revolver and semi-automatic is the backbone to which all other parts are attached.
BARREL: The barrel is a metal tube through which a bullet passes on its way to the target.
ACTION-Group of moving parts used to load, fire and unload the pistol (Revolver/Auto)
TYPES OF CARTRIDGES
COMPONENTS OF CARTRIDGES
There are three primary 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.
Weaver Stance- Named for former San Diego County Sheriff Jack Weaver.
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.
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. *
Malfuntion Resolution: Tap, Invert, Rack, Reassess *
REVOLVERS VS SEMIAUTOMATICS*
Concealed Firearm Act
53-5-701 to 53-5-711
Justification of Force
76-2-401 to 76-2-407
Rules of Arrest
Weapons in Prohibited areas
76-8-311.1 to 76-8-311.3
Assault and Related offenses
76-10-500 to 76-10-530
Federal Law ,(18 U.S.C. Chapter 44, Section 922)
Unlawful possession at a school zone
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.
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.
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
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
76-2-402 (4) Forcible felonies defined
Rape/Object Rape of a Child
Sexual Abuse/Aggravated Sexual Abuse of a Child
Aggravated Sexual Assault
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
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
Except for persons described in Section 76-10-503, 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.
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
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
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
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.
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
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.
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
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.)
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
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).
a. 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;
b. Posting of signs reasonably likely to come to the attention of persons entering the house of worship or private residence;
c. Announcementby a person with authority to act for the church or organization operating the house of worship in a regular congregational meeting;
d. 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
e. Publication in a newspaper or general circulationin 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.
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.
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
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.
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
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).
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
Except as specifically provided by statelaw, 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.
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)
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
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.
Chapter 45 Protection of Activities in Private Vehicles
Legal for people to have firearms stored in their locked vehicles parked on private property
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
* Are exempt from this chapter
* Including local and state entity
* Acting as an employer are exempt
* Single family or tenant occupied units are exempt
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.
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.
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
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
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
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
Knowingly make or furnish a false or fictitious oral or written statement or misrepresented identification intending to deceive with respect to purchasing a firearms
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.
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
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.
Conviction of Misdemeanor crime of domestic violence
Unlawful to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.
If the individual possessing the firearm is licensed to do so by the State in which the school zone is located.
A valid CFP holder can posses a firearm within a public school. Private schools can restrict firearms (similar to private property owners).
May not possess firearm or dangerous weapon on or about school premises
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, child-care facility
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
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)
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.
Utah Criminal and Traffic Codes
Physical address/mailing address:
P.O. Box 148280 3888 W 5400 S, Salt Lake City, UT 84114-8280
Firearms Investigator II
Firearms Investigator II