260: Carry "Unloaded" Firearms Concealed
Curtis Oda, house district 14, "Republican".
Summary: HB 260 would "allow" adults (21 or
older) to carry concealed firearms in an "unloaded" condition
without a government concealed carry "permit".
The absurdly offensive inclusion of the term
"unloaded" essentially means that no bullet is in the chamber
or, in the case of revolvers, in a firing position (where a
single action may cause the gun to fire).
Adults could possess concealed firearms
in this "unloaded" condition in areas currently authorized to
concealed carry government "permit" holders only (with the
exclusion of any school or university grounds).
Position*: UT Gun Rights
supported this bill for its baby step in the right direction, though it is poorly written and not nearly
as comprehensive as it should be. See its
bill status page.
To contact your statutators,
Be aware that in 2013,
Herber joined statutators,
gun rights champions, and
in a grand deception with a nearly identical bill (HB 76 S1).
See the 2013 Utah Government Corruption
Report's article, "HB
76: Political Theater for Suckers." Also be
cognizant that HB 260's sponsor, Curtis Oda, one of Utah's
rights champions", received a
-75% rating on that same report, sponsored
120: "Turning the State Forester into a Monarch" in 2013,
sponsored HB 276:
"Violence Against Open Carry Gun Owners" in
2014, and has already sponsored
HB 37: "Gun Control by
Bureaucrats" this session.
Predictably, this bill has been withdrawn by the sponsor,
To read Oda's outrageous remarks,
See SB 256 INSTEAD.
this page ("F-5" on most browsers) to
see latest version.
Last updated: 3/5/15
at 11:50 PM.
Jump Down to Topics:
1. A Baby Step Forward
2. "Loaded" Terms in Statute
3. Your Rights Pre-Exist the
Birth of any Government
4. Utah is Behind More Gun-Friendly
5. What Gun Control Opponents Argue
6. Appropriate Action: Contact the Two
Bullies Who Dominate Your Statutators
A Baby Step Forward
When it comes to
securing your rights, statutators act like toothless
260 appears to do the following:
1) "Allows" adults (21
or older) without concealed carry government "permits" to
carry concealed firearms in an "unloaded" condition, which
theoretically means no bullet is in the chamber or, in the
case of revolvers, in a firing position (where one action of
the hammer or pull of the
trigger could fire the weapon
— which would
theoretically mean the bullet lined up with the barrel and the
bullet following it).
2) Adults (21 or older)
could conceal firearms in this "unloaded" condition in any
area currently authorized to concealed carry government
"permit" holders — with the exclusion of any school or
federal gun control statute 18 USC 922(q)(1) does prohibit
carrying a firearm
in school zones without a state-issued "license" to include
some type of "[qualification]... under the law". Also
notice that paragraph (3) does not exempt permit holders from
prosecution if they discharge a firearm on a school ground in
lawful self defense of defense of another.
3) Opens the door of
confusion and potential harassment of peaceful gun owners
through use of the term "unloaded".
Will statute enforcement agents (SEAs) be checking to see if anyone is carrying
concealed under the auspices of ensuring that weapons are in
an "unloaded" condition?
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"Loaded" Terms in Statute
State statute 76-10-502 contains a definition of the term
"Have we got a
loaded package deal for
you gun owners!"
76-10-502. When weapon
(1) For the purpose of this chapter, any pistol, revolver,
shotgun, rifle, or other weapon described in this part shall
be deemed to be loaded when there is an unexpended cartridge,
shell, or projectile in the firing position.
(2) Pistols and revolvers shall also be deemed to be loaded
when an unexpended cartridge, shell, or projectile is in a
position whereby the manual operation of any mechanism once
would cause the unexpended cartridge, shell, or projectile to
(3) A muzzle loading firearm shall be deemed to be loaded when
it is capped or primed and has a powder charge and ball or
shot in the barrel or cylinders.
state statute 76-10-501 defines "concealed dangerous
(3) (a) "Concealed
dangerous weapon" means a dangerous weapon 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.
(b) A dangerous weapon is not a concealed dangerous weapon if
it is a firearm which is unloaded and is securely encased.
Therefore, an "unloaded" condition is assumed to be anything other than a
"loaded" condition, though no definition of
"unloaded" is provided in statute or administrative rules (the fourth
branch of Utah government
see UT Gun Rights' threat assessment
37 for more information).
As implied above, UT Gun Rights is unsure if there is a disclosure
requirement applicable to this mode of carry if one encounters
a government agent, as would be the case in other statutory
sections dealing with government "permit" carry.
substantive information against it, however, UT Gun Rights still supports this
poorly-written and weak bill.
An additional factor
in this decision regards individuals who currently choose to
exercise their natural right to carry a concealed firearm —
loaded or "unloaded" — without a government "permit".
Under HB 260, it appears that, in most instances, they would
be less likely to be molested by statute enforcement agents
(SEAs) than they are currently.
Back to Topics