Utah allows OC....Then why am I still nerveous?

Discuss issues regarding open carry.

Re: Utah allows OC....Then why am I still nerveous?

Postby Daeyel on Thu 22 Mar 2012 10:35 pm

Sad2125 wrote: There are a few times where I will see a plainly labelled sign stating "No Firearms" or "No Weapons"


What weapon?

Oh, THAT! That, sir, is not a weapon. It is a tool. A tool of self defense. If I walked in with a hammer, would you tell me again, no weapons? A hammer certainly could be a weapon. A pretty lousy one. This tool is much better suited for the purpose.

No weapon's signs are utterly laughable. Am I supposed to leave my brain in the car? It is the best weapon I possess.
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Re: Utah allows OC....Then why am I still nerveous?

Postby wolverine_173 on Fri 23 Mar 2012 8:47 am

Daeyel wrote:
Sad2125 wrote: There are a few times where I will see a plainly labelled sign stating "No Firearms" or "No Weapons"


What weapon?

Oh, THAT! That, sir, is not a weapon. It is a tool. A tool of self defense. If I walked in with a hammer, would you tell me again, no weapons? A hammer certainly could be a weapon. A pretty lousy one. This tool is much better suited for the purpose.

No weapon's signs are utterly laughable. Am I supposed to leave my brain in the car? It is the best weapon I possess.



Legally can you get in trouble for ignoring the sign at the movie theater and CCing? Or is the worst that can happen is someone verbally asks you to leave then you have too?
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Re: Utah allows OC....Then why am I still nerveous?

Postby Mudruck on Fri 23 Mar 2012 9:46 am

wolverine_173 wrote:
Daeyel wrote:
Sad2125 wrote: There are a few times where I will see a plainly labelled sign stating "No Firearms" or "No Weapons"


What weapon?

Oh, THAT! That, sir, is not a weapon. It is a tool. A tool of self defense. If I walked in with a hammer, would you tell me again, no weapons? A hammer certainly could be a weapon. A pretty lousy one. This tool is much better suited for the purpose.

No weapon's signs are utterly laughable. Am I supposed to leave my brain in the car? It is the best weapon I possess.



Legally can you get in trouble for ignoring the sign at the movie theater and CCing? Or is the worst that can happen is someone verbally asks you to leave then you have too?


Legally, no. They can ask you to leave is about it.
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Re: Utah allows OC....Then why am I still nerveous?

Postby Sad2125 on Fri 23 Mar 2012 1:36 pm

Mudruck wrote:
wolverine_173 wrote:
Sad2125 wrote: There are a few times where I will see a plainly labelled sign stating "No Firearms" or "No Weapons"


Legally can you get in trouble for ignoring the sign at the movie theater and CCing? Or is the worst that can happen is someone verbally asks you to leave then you have too?


Legally, no. They can ask you to leave is about it.


Yeah - I know that the signs in businesses, etc. hold no weight of law in Utah and that other than being asked to leave, or remove it, etc. they can't do much (unless I am a repeat offender then possibly a trespassing charge) but, I'd rather avoid issues than cause them. However, those places are really few and far between. In general, most places do NOT have a policy prohibiting them. Granted, once I get my permit (just saving for the class and permit for my wife and I) I will simply CC if I know I am going to those places and not worry :-) Regardless - I must say that I truly haven't had any negative experiences yet in any stores or anywhere else in Tooele and Salt Lake while OC'ing.
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Re: Utah allows OC....Then why am I still nerveous?

Postby UnderratedF00l on Fri 23 Mar 2012 2:10 pm

Sad2125 wrote:Regardless - I must say that I truly haven't had any negative experiences yet in any stores or anywhere else in Tooele and Salt Lake while OC'ing.


I think this is an important point. I had a fun open carry experience yesterday afternoon that I thought I'd share.

I had a little time on my hands, so my wife and I went to Discount Guns and Ammo in Provo to shoot the new P238. I also brought along my 1911 open-carried it in a serpa (cocked and locked). When we walked in to Discount G&A, the store was FILLED to the brim with cops. I think they were having a sale on some 5.11 pants or something; there were at least 20 of them there. I didn't catch any wayward glances in our direction and nary a word was said to us as we looked at holsters and then waited in line to purchase time on the range. Obviously we were in a gun store (where several of the employees open carry, too), but they simply didn't care that I had a gun on my hip.

After the range session, we hit the car wash on Freedom blvd near Ozz to spray off the car. If any of you have been to that car wash, you'll know the older gentleman that works there... he's a very friendly sort, always chatting it up with anyone who comes to clean their cars. I went up to the change machine to get some quarters, and the older gentleman stepped out of the adjoining office to say hello... and his eyes immediately went to my waist and the gun on my hip. After exchanging pleasant hellos, he started to go off on how he loved guns and loved how people carried guns for self-defense. Even though I hadn't expressed why I was carrying a firearm; he just assumed that I carried for "good" reasons (which is obviously true -- I just found it interesting that he didn't even bring up any other aspect than self-defense).

After I grabbed the 20 bucks in quarters from the machine, he warned me (very sternly I might add) not to get any water on the gun while spraying off my car. I told him I'd do my best to be careful, and he thanked me for my business and walked back in his office.

I guess my point is that not all open carry experiences are bad. We seem to focus on the negative results of carrying a firearm way to often, and even though there are reports in the Open Carry area of the forum about good experiences, there's rarely much discussion about them. It seems that only the negative experiences garner much attention (including my own experiences).
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Re: Utah allows OC....Then why am I still nerveous?

Postby toothguy on Fri 23 Mar 2012 2:40 pm

UnderratedF00l wrote:
Sad2125 wrote:Regardless - I must say that I truly haven't had any negative experiences yet in any stores or anywhere else in Tooele and Salt Lake while OC'ing.

I guess my point is that not all open carry experiences are bad. We seem to focus on the negative results of carrying a firearm way to often, and even though there are reports in the Open Carry area of the forum about good experiences, there's rarely much discussion about them. It seems that only the negative experiences garner much attention (including my own experiences).


Good point. I've OC'ed for a month or so now and never had a bad experience (aforementioned Costco in this thread was the closest but turned into a great conversation and new friend). I think most people are fine with it. It's just that the "non-stories" aren't nearly as much fun to talk about! :D
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Re: Utah allows OC....Then why am I still nerveous?

Postby wolverine_173 on Fri 23 Mar 2012 7:01 pm

With open carry does the gun need to be holstered or can i walk down the street with the pistol in my hand? Would that be considered brandishing a gun or whatever they call it?

I ask because i had my gun in my car and wanted to show it to my friend in the parking lot, I removed the magazine and the round that was in the chamber and let him handle it in the walmart parking lot. Same thing when i sell a gun. can i get in trouble for that?
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Re: Utah allows OC....Then why am I still nerveous?

Postby Car Knocker on Fri 23 Mar 2012 7:29 pm

wolverine_173, may I ask who taught your CFP class? It sure seems, based on the questions you are asking, that even the fundamentals weren't covered by your instructor.
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Re: Utah allows OC....Then why am I still nerveous?

Postby RoccoRacer on Fri 23 Mar 2012 7:30 pm

The "brandishing" law only applies to use of the weapon in a threatening manner (I can't find the law now), and, I assume outside of self defense. It is legal to draw a weapon and give a verbal warning in self defense, and this would not be considered brandishing.
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Re: Utah allows OC....Then why am I still nerveous?

Postby wolverine_173 on Fri 23 Mar 2012 7:38 pm

Car Knocker wrote:wolverine_173, may I ask who taught your CFP class? It sure seems, based on the questions you are asking, that even the fundamentals weren't covered by your instructor.



dont remember my class was 3 years ago.
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Re: Utah allows OC....Then why am I still nerveous?

Postby Dustin WJ on Fri 23 Mar 2012 7:50 pm

Car Knocker wrote:wolverine_173, may I ask who taught your CFP class? It sure seems, based on the questions you are asking, that even the fundamentals weren't covered by your instructor.

+1. Wolverine, you ask a lot of questions, which is fantastic, but based on most of them, I think your cfp instructor must have been absolutely terrible. I would be more than happy to let you sit in on one of my cfp classes for free (because you already have your permit) to answer all your questions in a class setting.
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Re: Utah allows OC....Then why am I still nerveous?

Postby wolverine_173 on Fri 23 Mar 2012 7:54 pm

Thanks dustin.

I took my class a long time ago and never really carried until a couple months ago. So im just verifying things. Ill ask less questions and do more research if you would like.

I just like hearing from you guys, your more informative and tend to add other comments that clarify additional hypothetical questions that i have.
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Re: Utah allows OC....Then why am I still nerveous?

Postby Dustin WJ on Sat 24 Mar 2012 7:03 am

wolverine_173 wrote:Ill ask less questions...

No, no, no... That's not what I meant at all and I apologize if you thought it was. I think it's fantastic that you come here to ask things and I think I can speak for most of us in saying that we enjoy helping you. I just think that your instructor probably failed to cover things as well as he/she should have. That's why I'm inviting you to sit in on one of my classes as a refresher.
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Re: Utah allows OC....Then why am I still nerveous?

Postby Doctor Jenks on Sat 24 Mar 2012 9:59 am

Wolverine,

Another good resource to help you understand gun laws, is a book you can buy at most local gun stores called "Utah Gun Law" by Mitch Vilos. There are explanations of all Utah gun Laws current through the 2011 legislative session. Its a good resource. However, feel free to ask all the questions you would like to on this forum!

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Re: Utah allows OC....Then why am I still nerveous?

Postby Doctor Jenks on Sat 24 Mar 2012 10:13 am

wolverine_173 wrote:With open carry does the gun need to be holstered or can i walk down the street with the pistol in my hand? Would that be considered brandishing a gun or whatever they call it?

I ask because i had my gun in my car and wanted to show it to my friend in the parking lot, I removed the magazine and the round that was in the chamber and let him handle it in the walmart parking lot. Same thing when i sell a gun. can i get in trouble for that?

In direct answer to your question, as stated above, brandishing involves drawing or exhibiting a dangerous weapon in an angry and threatening manner. Here is the code:

76-10-506. Threatening with or using dangerous weapon in fight or quarrel.
(1) As used in this section, "threatening manner" does not include:
(a) the possession of a dangerous weapon, whether visible or concealed, without additional behavior which is threatening; or
(b) informing another of the actor's possession of a deadly weapon in order to prevent what the actor reasonably perceives as a possible use of unlawful force by the other and the actor is not engaged in any activity described in Subsection 76-2-402(2)(a).
(2) Except as otherwise provided in Section 76-2-402 and for those persons described in Section 76-10-503, a person who, in the presence of two or more persons, draws or exhibits a dangerous weapon in an angry and threatening manner or unlawfully uses a dangerous weapon in a fight or quarrel is guilty of a class A misdemeanor.
(3) This section does not apply to a person who, reasonably believing the action to be necessary in compliance with Section 76-2-402, with purpose to prevent another's use of unlawful force:
(a) threatens the use of a dangerous weapon;
(b) draws or exhibits a dangerous weapon.

However, I would be careful about walking down the street with a pistol in your hand. Not only is it unsafe to do so, but you might then need to contend with people's and law enforcement's interpretation of a "threatening manner".

IANAL 8)
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