Open Carry of a Firearm Amendments

5
53-5a-102.2
76-11-221
0
Open Carry of a Firearm Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Verona Mauga
Senate Sponsor:
LONG TITLE
General Description:
This bill addresses the open carrying of a firearm.
Highlighted Provisions:
This bill:
defines terms;
creates the offense of prohibited open carry of a firearm at a large public gathering; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-5a-102.2
, as enacted by Laws of Utah 2025, Chapter 208
ENACTS:
76-11-221
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53-5a-102.2
is amended to read:
53-5a-102.2
. Open and concealed carry of a firearm outside of an individual's
residence.
(1)
To effectuate the Second Amendment to the United States Constitution and Utah
Constitution, Article I, Section 6, that prohibit the infringement of the right of the people
of Utah to keep and bear arms for security and defense of self, family, others, property,
or the state, as well as for other lawful purposes, and consistent with the Legislature's
ability to define the lawful use of arms:
(a)
subject to Subsections
(2)(a)
and (b), an individual 18 years old or older but younger
than 21 years old without a provisional carry permit issued under Section
53-5a-305

may only carry in an open manner:
(i)
an unloaded rifle, shotgun, or muzzle-loading rifle in a vehicle in which the
individual is lawfully present;
(ii)
an unloaded or loaded handgun in a vehicle in which the individual is lawfully
present; and
(iii)
an unloaded firearm that the individual may otherwise lawfully carry, on a public
street;
(b)
subject to Subsections
(2)(a)
and
(b)
, an individual 21 years old or older may open or
conceal carry, without a conceal carry permit:
(i)
an unloaded or loaded firearm:
(A)
on a public street; or
(B)
in any other place not prohibited by, or pursuant to, state statute or federal law;
(ii)
an unloaded or loaded handgun in a vehicle in which the individual is lawfully
present; and
(iii)
an unloaded rifle, shotgun, or muzzle-loading rifle in a vehicle in which the
individual is lawfully present; and
(c)
subject to Subsections
(2)(c)
and
(d)
, an individual 18 years old or older with a
concealed carry permit issued under Section
53-5a-303
, a temporary concealed carry
permit issued under Section
53-5a-304
, a provisional concealed carry permit issued
under Section
53-5a-305
, or a concealed carry permit lawfully issued by or in another
state, may open or conceal carry a loaded or unloaded firearm:
(i)
in a vehicle in which the individual is lawfully present;
(ii)
on a public street; or
(iii)
in any other place not prohibited by, or pursuant to, state statute or federal law.
(2)
(a)
An individual openly carrying a firearm under Subsection
(1)(a)
or (b) without a
concealed carry permit may not carry the firearm:
(i)
in a secure area established in accordance with Section
76-8-311.1
in which
dangerous weapons are prohibited and notice of the prohibition is posted;
(ii)
on or about the premises of a public or private elementary school or secondary
school as described in Section
76-11-205
;
(iii)
on or about the premises of an institution of higher education as described in
Section
76-11-205.5
;
(iv)
on or about the premises of a daycare as described in Section
76-11-206
;
(v)
in an airport secure area as described in Section
76-11-218
;
(vi)
in a house of worship or in any private residence where dangerous weapons are
prohibited as described in Section
76-11-219
;
(vii)
within 500 feet of a large public gathering as described in Section
76-11-221
;
or
(vii)
(viii)
in any other place prohibited by, or pursuant to, another state statute or
federal law.
(b)
An individual 21 years old or older concealing a firearm without a concealed carry
permit under Subsection
(1)(b)
may not carry the firearm:
(i)
in a secure area established in accordance with Section
76-8-311.1
in which
dangerous weapons are prohibited and notice of the prohibition is posted;
(ii)
on or about the school premises of a public or private elementary school or
secondary school as described in Section
76-11-205
;
(iii)
on or about the premises of an institution of higher education as described in
Section
76-11-205.5
;
(iv)
on or about a daycare premises as described in Section
76-11-206
;
(v)
in an airport secure area as described in Section
76-11-218
;
(vi)
in a house of worship or in any private residence where dangerous weapons are
prohibited as described in Section
76-11-219
; or
(vii)
in any other place prohibited by, or pursuant to, another state statute or federal
law.
(c)
Subject to Subsection
(2)(d)
, an individual with a concealed carry permit under
Subsection
(1)(c)
may not
:
(i)

carry the firearm in any manner:
(i)
(A)
in a secure area established in accordance with Section
76-8-311.1
in
which dangerous weapons are prohibited and notice of the prohibition posted;
(ii)
(B)
in an airport secure area as described in Section
76-11-218
;
(iii)
(C)
in a house of worship or in any private residence where dangerous
weapons are prohibited as described in Section
76-11-219
; or
(iv)
(D)
in any other place prohibited by, or pursuant to, another state statute or
federal law
.
; or
(ii)
open carry the firearm within 500 feet of a large public gathering as described in
Section
76-11-221
.
(d)
In addition to the locations described in Subsection
(2)(c)
:
(i)
an individual 18 years old but younger than 21 years old with a provisional
concealed carry permit under Section
53-5a-304
may not carry the firearm in any
manner on or about the premises of a public or private elementary school or
secondary school as described in Section
76-11-205
; and
(ii)
an individual concealing a firearm only with a concealed carry permit lawfully
issued by or in another state may not carry the firearm in any manner:
(A)
on or about the premises of a public or private elementary school or secondary
school as described in Section
76-11-205
;
(B)
on or about the premises of an institution of higher education as described in
Section
76-11-205.5
; or
(C)
on or about the premises of a daycare as described in Section
76-11-206
.
(3)
This section does not prohibit:
(a)
the owner or lawful possessor of a vehicle from prohibiting another individual from
carrying a firearm in the owner or lawful possessor's vehicle; or
(b)
except as provided in Section
53-5a-102.3
, the owner or lawful lessee of private real
property from prohibiting another individual from possessing a firearm on the
property.
(4)
An individual is lawfully present in a vehicle while carrying a firearm under this section
if:
(a)
the vehicle is in the lawful possession of the individual; or
(b)
the individual has the consent of the person lawfully in possession of the vehicle to
carry the firearm in the vehicle.
Section 2. Section
76-11-221
is enacted to read:
76-11-221
. Prohibited open carry of a firearm at a large public gathering.
(1)
(a)
As used in this section:
(i)
"Large public gathering" means a group of 200 or more individuals who are
gathered together at a public place for a joint purpose to participate in, or be a
spectator at:
(A)
a demonstration;
(B)
a rally;
(C)
a protest;
(D)
a picket;
(E)
a march;
(F)
a parade;
(G)
a vigil; or
(H)
another event held to allow individuals to express rights protected under the
First Amendment to the United States Constitution and Utah Constitution,
Article I, Section 15.
(ii)
"Public place" means a location owned by the state, or a political subdivision of
the state, to which the public or a substantial group of the public has access.
(b)
Terms defined in Sections
76-1-101.5
,
76-11-101
, and
76-11-201
apply to this
section.
(2)
An actor commits prohibited open carry of a firearm at a public gathering if the actor:
(a)
openly carries a loaded or unloaded firearm within 500 feet of a large public
gathering:
(b)
has been verbally notified by a law enforcement officer that a large public gathering
is taking place and that open carrying of firearms is prohibited within 500 feet of the
large public gathering; and
(c)
after receiving the verbal notification described in Subsection
(2)(b)
, either:
(i)
fails to:
(A)
promptly conceal the firearm if lawful for the actor to do so; or
(B)
move more than 500 feet away from the large public gathering: or
(ii)
(A)
initially complies with the notification and conceals the firearm if lawful
for the actor to do so, or moves more than 500 feet away from the large public
gathering; and
(B)
subsequently again openly carries a loaded or unloaded firearm within 500
feet of the large public gathering.
(3)
A violation of Subsection
(2)
is a class B misdemeanor.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-7-26 10:53 AM