76-10-504.  Carrying concealed firearm — Penalties.

(1)  Except as provided in Section 76-10-503 and in Subsections (2), (3), and (4), a person who carries a concealed firearm, as defined in Section 76-10-501, including an unloaded firearm on his or her person or one that is readily accessible for immediate use which is not securely encased, as defined in this part, in or on a place other than the person’s residence, property, a vehicle in the person’s lawful possession, or a vehicle, with the consent of the individual who is lawfully in possession of the vehicle, or business under the person’s control is guilty of a class B misdemeanor.

Terms Used In Utah Code 76-10-504

  • Concealed firearm: means a firearm that is:
(i) covered, hidden, or secreted in a manner that the public would not be aware of its presence; and
(ii) readily accessible for immediate use. See Utah Code 76-10-501
  • felony: A crime carrying a penalty of more than a year in prison.
  • Firearm: means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive. See Utah Code 76-10-501
  • misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Person: means :Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Readily accessible for immediate use: means that a firearm or other dangerous weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as readily as if carried on the person. See Utah Code 76-10-501
  • Residence: means an improvement to real property used or occupied as a primary or secondary residence. See Utah Code 76-10-501
  • 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. See Utah Code 76-10-501
  • short barreled rifle: means a shotgun having a barrel or barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or barrels of fewer than 16 inches in length, or a dangerous weapon made from a rifle or shotgun by alteration, modification, or otherwise, if the weapon as modified has an overall length of fewer than 26 inches. See Utah Code 76-10-501
  • Shotgun: means a smooth bore firearm designed to fire cartridges containing pellets or a single slug. See Utah Code 76-10-501
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Violent felony: means the same as that term is defined in Section 76-3-203. See Utah Code 76-10-501
  • (2)  A person who carries a concealed firearm that is a loaded firearm in violation of Subsection (1) is guilty of a class A misdemeanor.

    (3)  A person who carries concealed an unlawfully possessed short barreled shotgun or a short barreled rifle is guilty of a second degree felony.

    (4)  If the concealed firearm is used in the commission of a violent felony as defined in Section 76-3-203.5, and the person is a party to the offense, the person is guilty of a second degree felony.

    (5)  Nothing in Subsection (1) or (2) prohibits a person engaged in the lawful taking of protected or unprotected wildlife as defined in Title 23, Wildlife Resources Code of Utah, from carrying a concealed firearm as long as the taking of wildlife does not occur:

    (a)  within the limits of a municipality in violation of that municipality’s ordinances; or

    (b)  upon the highways of the state as defined in Section 41-6a-102.

    Amended by Chapter 406, 2015 General Session