Open carry is legal on Utah college campuses: Breaking down Utah gun law after Charlie Kirk shooting

It is legal to openly carry a gun on Utah’s public university and college campuses with very few exceptions.

In fact, Clark Aposhian, a national firearm lobbyist and the chair of the Utah Shooting Sports Council, said the state is possibly the most permissive in the country when it comes to guns and what few laws restrict them, including in higher education spaces.

“It’s never been against the law here to lawfully possess a firearm on a college campus,” he said.

It’s unknown if the shooter who fatally fired on conservative commentator Charlie Kirk at Utah Valley University in Orem on Wednesday afternoon was openly carrying or had a concealed weapon, but both are technically allowed. State and school officials have said a single shot was fired from a nearby rooftop in what appears to be a targeted attack.

Here’s a look at the state’s gun laws and how they apply to campuses.

First off, how does concealed carry work in Utah?

Utah allows residents over the age of 21 to obtain a permit to carry a concealed gun, but they aren’t generally required.

The state also has “provisional permits” for those 18 to 20 years old — the typical age of a college student. That started in 2018.

To get a permit, applicants must pass a background check.

Are background checks required to purchase a gun?

It depends. A person who has a concealed weapons permit can skip the $7.50 background check fee when purchasing a firearm from a federally licensed dealer, which is required in the state.

That check, though, is not required of private sellers.

You also don’t have to register your weapons.

What in a background check would bar someone from getting a permit or purchasing a weapon in Utah?

The Utah Bureau of Criminal Identification lists the following reasons why an applicant would be stopped from getting a concealed weapons permit or purchasing a weapon:

• Having a felony conviction or any domestic violence convictions (and any juvenile convictions that would be considered felonies if committed as an adult, in the last 10 years).

• Having an indictment for a felony, but not yet having gone to court, or any warrants.

• Using illicit drugs.

• Having been adjudicated as “mentally defective” or having been committed to a mental institution.

• Being subject to a court-issued restraining order for “harassing, stalking or threatening another (i.e. spouse, former spouse, cohabitant, former cohabitant or child of such partner).”

• Being unable to prove Utah residency with identification.

• Not being a citizen of the United States or having renounced U.S. citizenship.

• Having been dishonorably discharged from the military.

What about open carry? Do you need a permit or background check for that?

No, there is no permit or background check required in Utah for open carry. That includes for rifles, shotguns and handguns.

In 2021, Utah became an open or “constitutional carry” state. That means it’s legal for Utah residents 21 years or older to carry a weapon — either openly or concealed — without a permit, though the rules differ on college campuses.

Many still choose to get a concealed weapons permit because Utah has agreements with 36 other states to recognize those concealed carry permits.

What about open carry for those younger than 21?

Those 18 to 20 years old are slightly restricted with open carry.

They can openly carry without a permit as long as the gun is unloaded. In order to openly carry a loaded gun, however, they must obtain the provisional concealed carry permit, Aposhian said.

Those younger than 18 cannot open or concealed carry.

How does this differ for Utah’s college campuses?

Utah explicitly allowed concealed carry on its eight public college and university campuses in 2004, and the state’s 2021 “constitutional carry” law change cleared the way for openly carried guns, too.

In Utah, Aposhian added, state law lists specific places where weapons are banned. Utah’s campuses historically have not been on that list, he noted. So it’s long been implied that open carry was allowed, but that has led to some confusion and a handful of campuses to wrongly say open carry is banned, Aposhian said.

That includes Utah Valley University, where the shooting occurred Wednesday. The school’s police website states that concealed carry is permitted but suggests “there is nothing specifically set forth in the Utah statues that allows a concealed firearm permit holder to carry that firearm openly on a college campus.”

Southern Utah University has asserted the same in its campus policies.

But Aposhian said Utah law doesn’t outlaw open carry on campuses.

There is one restriction, though: A Utah concealed carry permit is required — either the standard or a provisional one — to open carry on a campus. So anyone 18 years old or older with those permits can bring a gun on campus, concealed or open.

Anyone found armed but without a permit can face a class A misdemeanor charge.

Do campus dorms count?

Those living on campus can keep a gun in their dorm room. They do not need to have a permit for that.

Students can request to transfer rooms, under state law, if they don’t want to live with someone who has a gun.

Did a law change this year affect campus carry restrictions?

No. The law was technically clarified, not changed, Aposhian said.

The University of Utah in Salt Lake City has recently been sending students, faculty and staff messaging about guns on campus, citing the bill from this year’s legislative session and drawing attention to the topic.

All HB128 did, though, Aposhian said, was “recodify” or basically clean up Utah’s laws on gun.

The effort was led by Rep. Matthew Gwynn, R-Farr West, who works in law enforcement, and Sen. Calvin R. Musselman, R-West Haven.

Gwynn hasn’t responded to multiple attempts by The Salt Lake Tribune to reach him to discuss the measure.

Musselman said the law “didn’t change things.” He noted, “All this did was recodify.”

Hillary Koellner, the spokesperson for the Utah Department of Public Safety, also confirmed there were no changes from previous laws.

Aposhian said what prompted people to think there was a change is that a clarification was added for higher education. That explicitly stated — as he said was already implied in Utah law — that college campuses were not exempt from open or concealed carry. Essentially, the rules are now more clearly spelled out.

“We’ve always held there was no carveout for universities,” Aposhian said. “There has been no change in Utah law.”

The U.’s messages were meant to update students, faculty and staff about HB128’s more explicitly stated rules. The University of Utah’s general counsel team told The Tribune its understanding, too, is that the “recodification now specifically references open carry” for campus.

“Our highest priority is preserving public safety on campus,” said U. Chief Safety Officer Keith Squires in a statement.

In a meeting with faculty late last month, Squires added that the clarification has “created concerns for many.”

Many professors during the meeting expressed frustration. One said that there are labs with dangerous and explosive chemicals on campus, and a firearm in that environment could make things more unsafe. Another in the theater department worried about potentials mixups with real and theatrical weapons.

“It feels like this is an incredibly dangerous situation for our students, faculty and staff in our spaces, as well as guests,” said professor Sydney Cheek-O’Donnell.

Where in Utah is carrying a gun banned?

Aposhian says there are very limited places listed in state law where someone cannot bring a gun.

For both open and concealed carry, those are:

• Churches, if the faith specifically notifies visitors of the prohibition. Utah’s predominant faith, The Church of Jesus Christ of Latter-day Saints, has a ban on weapons in its meetinghouses.

• Private homes, if the resident/owner says so.

• Courthouses

• Secure areas of prisons, jails and other law enforcement spaces, such as police stations (for visitors, not officers).

• Airports (also limited to secure areas).

• Mental health facilities.

• Homeless shelters.

• Federal areas, if there’s a sign indicating so.

Carrying openly is technically banned under federal law in K-12 schools, though Utah law doesn’t state that. Utahns can carry a concealed gun in those schools, and teachers have actually been encouraged to do so by Utah lawmakers for defense in the event of a shooting.

The rules typically do not apply to law enforcement officers.

“The carveouts we have are very specific, clear and concise,” Aposhian said. “We didn’t want to start creating a pattern of carveouts.”

What about private universities?

The Utah Legislature has the authority to set the law on guns only for public university campuses because it oversees their operations.

Private universities, such as Westminster University in Salt Lake City and Brigham Young University in Provo, can set their own rules. BYU — which is owned by the LDS Church — bans guns on campus, just as the faith does for its meetinghouses.

Have Utah’s college campuses seen gun violence before this?

Yes. The University of Utah, in particular, has had several high-profile gun violence deaths on campus in recent years.

That includes the death of Katherine Peralta, an employee at the ARUP blood laboratory, who was killed on campus in 2016. International student ChenWei Guo was fatally shot in a 2017 carjacking. And track athlete Lauren McCluskey was killed on campus in 2018.

In 2017, too, Utah’s laws prompted feminist media critic Anita Sarkeesian to call off her lecture at Utah State University over concerns. There had been anonymous threats made about a shooting planned for her speech.

A handful of groups launched a petition at the time to try to change Utah’s campus gun laws.

How common are people openly carrying on campus? What happens if someone does?

Squires, at the U., said it’s a “rare event.” Aposhian said the same and encourages “discreet carry.”

“Usually, individuals who have gone through the process to obtain that permit have wanted to maintain it and keep it for their self-defense purposes,” Squires noted. “… We hopes that continues.”

Squires said anyone on campus who sees an individual openly carrying and is uncomfortable can contact campus police. That includes being able to text 911 if calling isn’t an option.

Campus police can also be reached at 801-585-COPS.

At Utah Valley University, the campus police number is 801-863-5555.

Squires said he will send an officer to check on the individual and confirm their concealed carry permit, as well as “what their state of mind is.”

“It’s not perfect, but these are the things that we are able to do now,” he said. “… At any moment on our campus, an individual with bad intent can go into any building with the purpose of harming others.”

Faculty raised concerns about calling police in a volatile situation and possibly upsetting an individual openly carrying a gun. They voted to have the U. work to create an app where faculty could more quietly report concerns.

In a memo to faculty, the school also said professors are not required to meet with any student who is openly carrying if they feel uncomfortable. They can instead shift to an online meeting.

What does open carry actually mean? Can you point a gun?

Squires also noted that open carry only covers someone who has a gun on them but isn’t pointing, brandishing or threatening with it.

“That takes it to a different level,” he said.

Police can charge any individual who does with a class A misdemeanor.

Have Utah colleges previously tried to change the gun rules for campus?

Yes. The University of Utah fought the 2004 law that allowed concealed carry on college campuses with a lawsuit. It lost at the Utah Supreme Court in 2006.

The U. also filed a lawsuit in federal court, but the school agreed to withdraw that after the Legislature passed a bill in 2007 that let dorm residents choose roommates who do not hold concealed weapons permits.