ARTICLE XLI. - MISCELLANEOUS OFFENSES

Sec. 14-1286. - When weapon deemed loaded.#

For the purpose of this article, any pistol, revolver, shotgun, rifle, or other weapon described in this article shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position, except in the case of pistols and revolvers, in which case they shall be deemed loaded when the unexpended cartridge, shell, or projectile is in a position that the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired; and 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.

(Code 1981, § 13-1050-2)

Sec. 14-1287. - Possession of dangerous weapon by convicted person, drug addict, or mentally incompetent person prohibited.#

Any person who is not a citizen of the United States or any person who has been convicted of any crime of violence under the laws of the United States, the state, or any other state, government, or country, or who is addicted to the use of any narcotic drug, or any person who has been declared mentally incompetent shall not own or have in his possession or under his custody or control any dangerous weapon as defined in this article. Any person who violates this section is guilty of a Class B misdemeanor.

(Code 1981, § 13-1050-3)

Sec. 14-1288. - Carrying concealed dangerous weapon.#

Any person carrying a concealed dangerous weapon as defined in this article is guilty of a Class B misdemeanor.

(Code 1981, § 13-1050-4)

Sec. 14-1289. - Carrying loaded firearm in vehicle or on street.#

Every person who carries a loaded firearm in a vehicle or on any public street or in a prohibited area is guilty of a Class B misdemeanor.

(Code 1981, § 13-1050-5)

Sec. 14-1290. - Threatening with or using dangerous weapon in fight or quarrel.#

Every person who, not in necessary self-defense in the presence of two or more persons, draws or exhibits any dangerous weapon in an angry and threatening manner or unlawfully uses the same in any fight or quarrel is guilty of a Class B misdemeanor.

(Code 1981, § 13-1050-6)

Sec. 14-1291. - Possession of deadly weapon with intent to assault.#

Every person having upon his person any dangerous weapon with intent to unlawfully assault another is guilty of a Class B misdemeanor.

(Code 1981, § 13-1050-7)

Sec. 14-1292. - Discharge of firearm from vehicle or near highway.#

It shall be a Class B misdemeanor for any person to discharge any kind of firearm from an automobile or other vehicle or to discharge a firearm from, upon, or across any highway.

(Code 1981, § 13-1050-8)

Sec. 14-1293. - Possession of dangerous weapon by minor.#

A minor under the age of 18 years may not possess a dangerous weapon as defined herein unless he has the permission of his parent or guardian to have such weapon or is accompanied by parent or guardian while he has such weapon in his possession. In any event, any minor who is under the age of 14 years must be accompanied by a responsible adult.

(Code 1981, § 13-1050-9)

Sec. 14-1294. - Possession of weapon authorized; permit or license not required.#

Nothing in this article shall be construed to prohibit a citizen of the United States over the age of 18 years who resides or is temporarily within the town and who is not within the accepted classes as prescribed by section 14-1287 from owning, possessing, or keeping within his place of residence or place of business or any vehicle under his control any pistol, revolver, or other firearm or dangerous weapon capable of being concealed upon the person, and no permit or license to purchase, own, possess or to keep any such firearm or weapon at his place of residence, or place of business, or any vehicle under his control, shall be required of him.

(Code 1981, § 13-1050-10)

Sec. 14-1295. - Possession of loaded weapon at residence authorized.#

Nothing in this article shall prevent any person, except persons described in section 14-1287, from having a loaded weapon at his place of residence, including any temporary residence or camp.

(Code 1981, § 13-1050-11)

Sec. 14-1296. - Target concessions, trap fields, shooting ranges, and hunting excepted from prohibitions.#

The provisions of sections 14-1287 and 14-1293 shall not apply to any of the following: (1)

Patrons firing at lawfully operated target concessions at amusement parks, piers, and similar locations provided that the firearms to be used are firmly chained or affixed to the counters.

(2)

Patrons of commercial trap or skeet fields or shooting ranges during regular business hours.

(Code 1981, § 13-1050-12)

Sec. 14-1297. - License to carry concealed weapon—Requirements for issuance.#

The town marshal/chief of police, or other head of the police department, upon proof that the person applying is of good character, and upon showing that good cause exists for the issuance, may issue to such person a license to carry a concealed weapon for a period of one year from the issuance date of the license.

(Code 1981, § 13-1050-13)

Sec. 14-1298. - License to carry concealed weapon—Application form.#

The application for license must be in substantially the following form: State of Utah

County of ___________ Name of municipality ____________

Name ____________

Address ____________

Present occupation ___________ Address of Employer ____________

Age _____ Height _____ Weight _____

Color of eyes _____ Color of Hair _____

Have you ever been convicted of any felony? Yes ___ No ___

If the answer to the above question is yes, state where and when and what the charge was ____________

____________

Are you addicted to any narcotics or other habit-forming drugs? Yes ___ No ___

Have you ever been declared mentally incompetent? Yes ___ No ___

If the answer to the above question is yes, state where and when ____________

____________

Reason or reasons for issuance of license ____________

____________

____________

____________ Dated this _____ day of ________, 20___.

Subscribed and sworn to this _____ day of ________, 20____. ___________

Notary Public

Residing in ___________ County.

My commission expires:

___________

(Code 1981, § 13-1050-14)

Sec. 14-1299. - License to carry concealed weapon—Fee; amount and disposition.#

Each applicant for a license shall pay a fee of $3.00 at the time of filing the application. The officer receiving the application shall also receive the $3.00 fee and shall transmit one-half of the fee together with the fingerprints of the individual to the State Bureau of Criminal Identification. The remaining half of the fee shall be transmitted to the city or town treasurer.

(Code 1981, § 13-1050-16)

Sec. 14-1300. - License to carry concealed weapon—Records; copies transmitted to bureau.#

When any license is issued a record shall be maintained in the office of the town recorder/town clerk which shall be open to public inspection. Copies of each license issued shall be filed immediately by the town marshal/chief of police with the state bureau of criminal identification.

(Code 1981, § 13-1050-17)

Sec. 14-1301. - Unlawful marking of pistol or revolver.#

Any person who places or stamps on any pistol or revolver any number except one assigned to it by the bureau is guilty of a Class B misdemeanor. This section does not prohibit restoration by the owner of the name of the maker, model, or of the original manufacturer's number or other mark of identification when the restoration is authorized by the bureau, nor prevent any manufacturer from placing in the ordinary course of business the name of the maker, model, manufacturer's number, or other mark of identification upon a new pistol or revolver.

(Code 1981, § 13-1050-21)

Sec. 14-1302. - Alteration of number or mark on pistol or revolver.#

Any person who changes, alters, removes, or obliterates the name of the maker, model, manufacturer's number, or other marks of identification, including any distinguishing number or mark assigned by the bureau, on any pistol or revolver, without first having secured written permission from the bureau to make the change, alteration or removal, shall be guilty of a Class B misdemeanor.

(Code 1981, § 13-1050-22)

Sec. 14-1303. - Persons exempt from weapons laws.#

The provisions of this article shall not apply to any of the following: (1)

United States marshals while engaged in the performance of their official duties.

(2)

Federal officials required to carry firearms while engaged in the performance of their official duties.

(3)

Law enforcement officials of this or any other jurisdiction while engaged in the performance of their official duties.

(4)

Common carriers while engaged in the regular and ordinary transport of firearms as merchandise.

(5)

Nonresidents traveling in or through the town, provided that any firearm is unloaded and enclosed in a case, gun box, or securely tied package or held securely in a gun rack or locked in the trunk of an automobile in which the nonresident is transporting the firearm.

(Code 1981, § 13-1050-23)

Sec. 14-1304. - Purchase of firearms in contiguous states pursuant to federal law.#

This article will allow purchases of firearms and ammunition by residents in contiguous states pursuant to the Federal Fire Arms Gun Control Act of 1968, § 922, ¶ B, no. 3.

(Code 1981, § 13-1050-24)

Sec. 14-1305. - Disposition of weapons after use for court purposes.#

The police department which has in its possession a weapon after it has been used for court purposes shall determine the true owner of the weapon and return it to him; however, if unable to determine the true owner of the weapon, or if the true owner is the person committing the crime for which the weapon was used as evidence, the department shall confiscate it and shall revert to the department for their use and/or disposal as the town marshal/chief of police shall determine.

(Code 1981, § 13-1050-25)