Understanding Reciprocity With Neighboring States
Reciprocity simply means your concealed carry permit or license is valid beyond just your issuing state; the rights between states are reciprocated. It means that anyone with a valid concealed-carry gun permit in one state may travel to any other state with the permitted weapon and not worry about being arrested or fined for carrying that concealed weapon. In other words, each state must reciprocate the approval of a permit that any other state has issued. Reciprocity does not affect any specific state’s laws about carrying a concealed weapon. Some states have relatively restrictive permitting procedures. New York state, for example, has one of the most rigorous standards for anyone seeking a concealed-carry gun permit. The process, if successful and success is far from guaranteed entails completing a large amount of paperwork, months of waiting and detailed inquiries into applicants’ history and personal lives. The bill that just passed does not require the state to change or stop enforcing its existing laws. The state can continue to enforce relatively restrictive standards for anyone seeking, within the state of New York, a concealed-carry gun permit. There are at least seven states whose laws about concealed carry are relatively strict.
Concealed Carry Reciprocity
Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon (such as a handgun) in public in a concealed manner, either on one’s person or in close proximity. Not all weapons that fall under CCW laws are lethal. There is no federal statutory law concerning the issuance of concealed-carry permits. All 50 states have passed laws allowing qualified individuals to carry certain concealed firearms in public, either without a permit or after obtaining a permit from a designated government authority at the state and/or local level; however, there are still many states that, though they have passed concealed carry permit laws, do not issue permits or make it extremely difficult to obtain one. The Concealed Carry Reciprocity Act of 2017, or House Bill 38, is a bill that would amend Title 18 of the United States Code to require all U.S. states to recognize concealed carry permits granted by other states. It would also allow the concealed transport of handguns across state lines, so long as it is allowed by both state sand would amend the Gun-Free School Zones Act of 1990 to allow permit holders to carry a concealed weapon in school zones in any state.
Utah Concealed Carry Reciprocity with Other States
In accordance with U.C.A. 76-10-523, Utah will honor a permit to carry a concealed firearm issued by another state or county. Of the states below that have formalized reciprocity or recognition with Utah, there are some states that will only accept the Utah concealed firearm permit so long as the permit holder is a resident of Utah. It is the responsibility of all Utah concealed firearm permit holders to know and understand the applicable firearm laws of the states within which they plan to visit or venture. For information regarding firearm laws of other states, please contact the respective authority within that state. Although there are many states that will recognize the Utah concealed firearm permit, the State of Utah has formal reciprocity (written agreement) with the following states:
• Florida (UT Residents Only!)
• New Hampshire (UT Residents Only!)
• North Carolina
• North Dakota
• Pennsylvania (UT Residents Only!)
• South Dakota
• Washington State
• West Virginia
States that Recognize the Utah concealed firearm permit
The following states that recognize the Utah concealed firearm permit are:
• Maine (UT Residents Only!)
• Michigan (UT Residents Only!)
States that DO NOT Recognize the Utah concealed firearm permit
The following states DO NOT recognize the Utah concealed firearm permit:
• New Jersey
• New Mexico
• New York
• Rhode Island
• South Carolina
Other States’ Reciprocity with Utah
Which states honor permits from Utah?
• North Dakota
Note: Firearms must be carried in accordance with the laws of the state you are visiting. Be sure to check the laws of the other state before traveling there with your firearms.
States That Have Restricted Reciprocity with Utah
The term “restrictive reciprocity” also can be applied to agreements that affect only a limited number of items and leave various prohibitive discrimination intact.The following States have Restricted Reciprocity with Utah:
“Resident only” indicates the states below only honor Utah resident permits (and not those issued to non-residents).
• Colorado (resident permits only)
• Florida (at least 21 years old and resident permits only)
• Georgia (at least 21 years old)
• Idaho (at least 21 years old)
• Iowa (at least 21 years old)
• Louisiana (at least 21 years old)
• Michigan (at least 21 years old and resident permits only)
• Nebraska (at least 21 years old)
• Nevada (at least 21 years old)
• North Carolina (at least 21 years old)
• Ohio (at least 21 years old)
• Pennsylvania (regular [not provisional] permits only)
• Tennessee (at least 21 years old)
• Texas (at least 21 years old
• Virginia (at least 21 years old)
• Washington (regular [not provisional] permits only)
• Wisconsin (at least 21 years old)
• Wyoming (at least 21 years old)
In the United States, the term constitutional carry, also called permit-less carry, unrestricted carry, or Vermont carry, refers to the legal carrying of a handgun, either openly or concealed, without a license or permit. The phrase does not typically refer to the unrestricted carrying of a long gun, a knife, or other weapons. The scope and applicability of constitutional carry may vary by state. The phrase “constitutional carry” reflects the view that the Second Amendment to the U.S. Constitution does not abide restrictions on gun rights, including the right to carry or “bear” arms. The U.S. Supreme Court (SCOTUS) had never extensively interpreted the Second Amendment until the landmark case District of Columbia v. Heller in 2008. Prior to this, a tapestry of different and sometimes conflicting laws about carrying firearms developed across the nation. In deciding the case, the Court found that self-defense was a “…central component of the 2nd Amendment” and D.C.’s handgun ban was invalidated. The Court further stated that some state or local gun controls are allowed. The Heller case was extended by SCOTUS in the 2010 decision McDonald v. Chicago, which held that the 2nd and 14th Amendments to the U.S. Constitution were “fully incorporated” and thus the right to “…keep and bear arms applies to the states and not ‘in a watered-down version’ but ‘fully applicable’…,” and limits state and local governments in passing laws that restrict this “individual” and “fundamental” right to “…keep and bear arms,” for self-defense. All of the state laws described below operate in the context of federal regulation regarding the transfer and sale of firearms. Firearms and ammunition are subject to taxation as well.
Permit-less Carry States
Anyone who can legally possess a firearm may carry it concealed in permit-less carry states without a permit/license. Be sure to check the laws of the other state before traveling there with your firearms in case of any restrictions that may apply.
• Arizona (if at least 21 years old)
• Alaska (if at least 21 years old)
• Arkansas (if at least 21 years old)
• Kansas (if at least 21 years old)
• Kentucky (if at least 21 years old)
• Maine (permit recognized; see Maine Reciprocity section for details)
• Missouri (if at least 19 years old)
• New Hampshire (if at least 18 years old)
• Oklahoma (if at least 21 years old)
• South Dakota (if at least 18 years old)
• Vermont (if at least 18 years old)
• West Virginia (if at least 21 years old)
Open carry in Utah, United States
In the United States, open carry refers to the practice of “openly carrying a firearm in public”, as distinguished from concealed carry, where firearms cannot be seen by the casual observer. To “carry” in this context indicates that the firearm is kept readily accessible on the person, within a holster or attached to a sling. “Carrying” a firearm directly in the hands, particularly in a firing position or combat stance, is also known as “brandishing” and may constitute a serious crime. The practice of open carry, where gun owners openly carry firearms while they go about their daily business, has seen an increase in the U.S. in recent years. Three states (California, Florida, and Illinois) and the District of Columbia generally prohibit people from openly carrying firearms in public. Two states (New York and South Carolina) prohibit openly carrying handguns, but not long guns, and another three states (Massachusetts, Minnesota, and New Jersey) prohibit openly carrying long guns, but not handguns. In the remaining states, people are generally allowed to openly carry firearms, although some states require a permit or license to do so. Please also note that open carry laws are usually subject to significant exceptions. Most states that allow open carrying still prohibit carrying firearms in some specific locations such as schools, state-owned businesses, places where alcohol is served, and on public transportation. The lists below are meant only to reflect whether open carry is generally allowed or prohibited.
Open Carrying Of Handguns
Five states (California, Florida, Illinois, New York, and South Carolina), as well as the District of Columbia, generally prohibit people from openly carrying handguns in public places. Thirty-one states allow the open carrying of a handgun without any license or permit, although in some cases the gun must be unloaded. Fifteen states require some form of license or permit in order to openly carry a handgun.
States that Prohibit Open Carrying of Handguns
• District of Columbia
• New York
• South Carolina
States that Require a Permit or License to Openly Carry Handguns
• New Jersey
• Rhode Island
States that Otherwise Restrict Open Carrying of Handguns in Public Places
• Alabama (some private property restrictions)
• North Dakota
Open Carrying Of Long Guns
Six states (California, Florida, Illinois, Massachusetts, Minnesota and New Jersey), as well as the District of Columbia, generally ban the open carrying of long guns (rifles and shotguns). In the 44 remaining states, openly carrying a long gun is legal, although in three of these states (Iowa, Tennessee and Utah) the long gun must be unloaded. In addition, Virginia and Pennsylvania limit the ability to openly carry long guns in certain cities. In a majority of states, it is legal for an individual to openly carry a loaded firearm in public without a permit.
States that Generally Prohibit Open Carrying of Long Guns
• District of Columbia
• New Jersey
States that Restrict, But Do Not Prohibit, the Open Carrying of Long Guns
Permissive open carry states
A state has passed full preemption of all firearms laws, with few exceptions. They do not prohibit open carry for all non-prohibited citizens and do not require a permit or license to open carry. Open carry is lawful on foot and in a motor vehicle.
Permissive open carry with local restriction states
A state that generally allows open carry without a license, but additional restrictions may exist on non-license holders such as local restrictions or additional restricted locations or modes of carry. Some states exempt license holders from local restrictions while others don’t.
Licensed open carry states
A state has passed full preemption of all firearms laws, with few exceptions. They permit open carry of a handgun to all non-prohibited citizens once they have been issued a permit or license. Open carry of a handgun is lawful on foot and in a motor vehicle. In practice however, some of these states that have May-Issue licensing laws can be regarded as Non-Permissive for open carry, as issuing authorities rarely or never grant licenses to ordinary citizens.
Anomalous open carry states
Open carry is generally prohibited except in unincorporated areas of counties in which population densities are below statutorily-defined thresholds, and local authorities have enacted legislation to allow open carry with a permit in such jurisdictions (California). Thus, some local jurisdictions may permit open carry, and others may impose varying degrees of restrictions or prohibit open carry entirely.
Non-permissive open carry states
Open carry of a handgun is not lawful or is lawful only under such a limited set of circumstances that public carry is effectively prohibited. They may include when one is hunting or traveling to/from hunting locations, on property controlled by the person carrying, or for lawful self-defense. Additionally, some states with May-Issue licensing laws are non-permissive when issuing authorities are highly restrictive in the issuance of licenses allowing open carry.
Utah law already permits civilians to carry a firearm openly without a permit as long as it is two actions from being fired, but open carry one action from being fired and concealed carry still require a permit.
When you need legal help with gun law in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506