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UTAH CONCEAL CARRY

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Title: UTAH CONCEAL CARRY


1
UTAH CONCEAL CARRY
  • Instructors
  • Curt Ebersole
  • Karl Peterson
  • Brenda Ebersole

2
Lets pass out the packets.
  • Utah-30 states
  • FAQ
  • Application
  • Student Outline

3
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

4
Handgun Safety Rules
  • What is the primary cause of firearm related
    accidents?
  • IGNORANCE
  • CARELESSNESS

5
ELEMENTS OF FIREARM SAFETY
  • Positive Attitude
  • Knowledge
  • Skill

6
FOUR BASIC GUN SAFETY RULES
  • 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 targets environment and any other
    safey hazards.

7
OTHER SAFETY/RANGE RULES
  • 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.

8
OTHER SAFETY CONSIDERATIONS
  1. Be a knowledgeable gun handler and user.
  2. Before starting to clean a gun, be certain is it
    not loaded.
  3. Cleaning a gun also provides an opportunity to
    check the proper function of the gun.
  4. Always be sure the barrel is free of
    obstructions.
  5. 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.

9
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 dont attempt to open the action to
    remove the cartridge for at least 30 seconds.

10
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
  • Stop firing immediately.
  • Keep the muzzle pointed in a safe direction.
  • Keep your finger off the trigger.
  • Unload the gun and check to be sure the chamber
    is empty and
  • Visually inspect the barrel for obstructions.

11
PERMIT HOLDERS ARE RESPONSIBLE FOR TEACHING THEIR
CHILDREN AND OTHER OCCUPANTS IN THEIR HOME ABOUT
FIREARM SAFETY
12
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
  • Stop
  • Dont Touch
  • Leave the area
  • Tell a responsible adult

13
HANDGUN PARTS AND OPERATIONRevolver and Semi Auto
  • FRAME The frame of the revolver and
    semi-automatic is the backbone to which all other
    parts are attached.
  • GRIP PANELS-Grip portion of the grip frame.
  • BACKSTRAP-Rear vertical portion of frame.
  • TRIGGER GUARD-Trigger protection to reduce
    unintentional firing.
  • SIGHTS-Front and rear sights used for aiming

14
HANDGUN PARTS AND OPERATIONRevolver 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.

15
HANDGUN PARTS AND OPERATION
  • ACTION-Group of moving parts used to load, fire
    and unload the pistol (Revolver/Auto)
  • REVOLVER
  • TRIGGER-When the trigger is pulled, it activates
    the hammer which in turn causes the firing pin to
    strike and fire the cartridge.
  • 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.
  • CYLINDER RELEASE LATCH-Releases the cylinder and
    allows it to swing out so that cartriges can be
    loaded and unloaded.
  • 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.


16
HANDGUN PARTS AND OPERATION
  • ACTION-Semi Automatics
  • 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.
  • MAGAZINE-The magazine is a storage device
    designed to hold cartridges ready for insertion
    into the chamber.
  • MAGAZINE RELEASE-A device that releases the
    magazine so that it can be removed from the
    pistol.
  • 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.

17
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.

18
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 owners manual.
  • Know and be familiar with cylinder rotation
    direction of revolvers.especially yours.

19
AMMUNITION
  • TYPES OF CARTRIDGES
  • CENTER-FIRE
  • RIM FIRE

20
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 cases base.
  • Centerfire-The primer is contained in a small
    metal cup and is located in the center of the
    cases 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.

21
CARTRIDGE FIRING SEQUENCE
  1. Pulling the trigger of the pistol will cause the
    firing pin to hit and ignite the primer.
  2. The flame generated by the primer ignites the
    powder in the cartridge.
  3. The powder burns very rapidly and produces a high
    volume of gas.
  4. 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.

22
Ammo Safety Guidelines
  • Inspect ammunition for safety flaws and
    imperfections.
  • Understand range capabilities of ammunition.
  • 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.
  • 380 vs 9mm
  • 38 vs 357 magnum
  • 45 long colt vs 410 shotgun

23
Ammo Safety Guidelines contd 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.

24
LETS TALK ABOUT PRACTICE AMMO
  • Non-expanding-Typical full metal jacket. Involves
    greater penetration.
  • Reduced powder charge-More manageable recoil.
  • Reduced cost-

25
.
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.

26
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.

27
DEALING WITH MALFUNCTIONS
  • Misfire-Hangfire Keep the pistol pointed in a
    safe direction-a hangfire might exist and the
    cartridge could still fire. Dont attmept to
    open the action of the pistol to remove the
    cartridge for at least 30 seconds
  • Squib loadKeep 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.

28
Fundamentals of Handgun Shooting
  • There are three primary two handed shooting
    stances
  • Isosceles Stance
  • Weaver Stance
  • Modified Isosceles Stance

29
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.

30
.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.

31
.more stances
  • Modified Isosceles Stance This position
    incorporates the natural, fully-extended arm
    position of the isosceles position with the
    stability of the asymmetrical boxers stance foot
    placemnt of the Weaver position.
  • Allows better recoil absorbtion.
  • The head is level and the body leans forward.

32
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.

33
Rules to followOn the Range
  • Always fully comply with the range officers
    instructions.
  • Follow the 4 safety rules.
  • 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 targets 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

34
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

35
DEMONSTRATION OF
  • Safe Loading
  • Cocking
  • Uncocking
  • Unloading
  • REVOLVERS VS SEMIAUTOMATICS

36
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?

37
Holsters and Holstering
  • What is the purpose of a holster?
  • What are the different types of holsters?
  • Advantages and disadvantages
  • Safety
  • Accessibility
  • Security
  • Concealment
  • Methods of carry.
  • Safety is the first consideration

38
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.

39
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.

40
Storage Devices
  1. 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.

41
Child Proofing
  1. Do not store firearm where it is visible.
  2. Storage area is not accessible to children.
  3. Educate
  4. Safety, Safety, Safety.

42
REVIEW OF ALL FEDERAL AND STATE CODES, RULES AND
REGULATIONS THAT PERTAIN TO FIREARMS OR
DEFINITIONS CONTAINED THEREIN..
43
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

44
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.

45
Uniform Law, Weapons U.C.A. 76-10-500(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.

46
Justification of Force
47
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 persons
    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

48
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

49
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

50
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

51
Firearms at ResidenceU.C.A. 76-10-511
  • 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.

52
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

53
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

54
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

55
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
    felonyor
  • 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.

56
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

57
Secured / Prohibited Areas
58
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.

59
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

60
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 states CFP
    laws.
  • National Forests Are not parks, they are
    governed by the state in which they are located
    (hunting, etc.)

61
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

62
Churches, Notification to the division 76-10-530
(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).

63
Churches, Notification of Prohibition 76-10-530
(2) (a)-(d)
  • 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. Announcement by 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
    circulation in the county in which the house of
    worship is located or the church or organization
    operating the house of worship has its principal
    office in this state.

64
Church News Paper Notification
65
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 owners 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 owners
    property.
  • Does not apply if the property owner solicits,
    requests, commands, encourages, or intentionally
    aids in the firearms discharge.

66
Assault and Related Offenses
67
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

68
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.

69
Terroristic ThreatsU.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

70
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).

71
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 anothers use of unlawful
    force
  • Threatens the use of a dangerous weapon or
  • Draws or exhibits a dangerous weapon

72
Weapons Laws
73
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.

74
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)

75
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

76
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.

77
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

78
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.

79
Police Officers are Advised the Following
Regarding CFPs
  • 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.

80
Weapons Laws, Loaded Firearm U.C.A. 76-10-502
  • 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

81
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

82
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

83
Federal Laws
84
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

85
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

86
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.

87
Selling Firearms18 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

88
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

89
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 knows, or has
    reasonable cause to believe, is a school zone.
  • Exception
  • If the individual possessing the firearm is
    licensed to do so by the State in which the
    school zone is located.
  • Public schools
  • A valid CFP holder can posses a firearm within
    a public school. Private schools can restrict
    firearms (similar to private property owners).

90
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 persons 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

91
School Premises Defined U.C.A. 76-3-203.a
  • Public or private elementary, secondary, or its
    grounds
  • Public or private vocational school or
    postsecondary institution or its 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

92
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)

93
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.

94
Online References
  • BCI Website
  • http//publicsafety.utah.gov/bci/
  • Utah Criminal and Traffic Codes
  • www.le.state.ut.us/Documents/code_const.htm

95
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
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