This is an archived article that was published on sltrib.com in 2011, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Recently an Orem man was detained, but not arrested, for openly carrying an assault rifle and a semi-automatic pistol near the University Mall in Orem. He was subsequently charged by Orem City with disorderly conduct, not for open carry of a firearm.

The Orem Police explained that its failure to bring firearm charges was based on its conclusion that the open carrying of firearms in public is not illegal. In point of fact Utah does not specifically ban the open carrying of firearms. After considerable research I have reluctantly concluded that open carry is lawful in this state.

With few exceptions any citizen or legal alien over 18 who has not been convicted of a felony, has not unlawfully used a controlled substance and has not been "adjudicated as mentally defective" may own and possess handguns and rifles.

Apparently, any person who can legally own a firearm may openly carry it on public property. If he wishes to carry it openly on a public street, he can't have a bullet in the chamber (unless he has a concealed weapon permit), but the firearm can carry bullets in an attached magazine. There is no limit on the number of rounds the magazine can contain.

The right of open carry is not limited to concealed weapon permit holders. Ironically, it is more difficult to qualify for a concealed weapon permit than for the right to carry openly. For example, an 18-year-old may carry openly, but not concealed.

Firearms may be carried openly in the halls and committee rooms of the Legislature, public buildings (other than courthouses, airport terminals and federal buildings), parades and street gatherings and publicly owned arenas. Open carry is not restricted to carrying in holsters or on slings. A rifle may be openly carried cradled in the arms of the owner; a pistol may be hand-held.

At the present time only concealed weapon permit holders may carry firearms on a college campus — open or concealed; however, on Jan. 27 Rep. Curtis Oda, R-Clearfield, introduced HB75 which would eliminate the prohibition on the carrying of firearms on campus by non-permit holders. The bill, if adopted, would permit the possession of firearms on or about the grounds of "postsecondary institutions." In effect it would permit the open carrying of guns on campus by anyone who may lawfully possess a firearm, including 18-year-olds.

But the problem of open carry is not unique to colleges and universities. It presents considerable difficulties and danger to law enforcement officers. Last August a man dressed in full battle gear and holding an assault rifle was observed on Main Street near the Little America Hotel in Salt Lake City. He shot at and wounded a police officer who returned fire and killed the gunman.

Had the shooter not opened fire or acted in an "angry or threatening manner," legally he could not have been arrested or detained. Carrying an assault weapon on a public street is not a crime — not even a misdemeanor — in Utah.

How then should a law enforcement officer act when confronted with someone openly carrying a firearm? Should he draw his weapon or keep it holstered as he approaches the gunman? Should he stop the gunman and question him or leave him alone?

How is the officer to know whether he is dealing with the Orem gunman or the Tucson assassin?

The fact is that the open-carry loophole in our laws imperils the safety of law enforcement officers.

What is needed is a revision of our laws to make it clear that no one except law enforcement officers may openly carry firearms within an urban or suburban environment. What is also needed is an absolute prohibition on the open carrying of a firearm on the campus of a college or university.

Steven H. Gunn has practiced law in Utah for 37 years. He is a member of the board of directors of Gun Violence Prevention Center of Utah, a nonprofit gun control advocacy group.