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House approves substitute to allow unloaded concealed carry without permit, preserves restricted locations

Utah House of Representatives · March 1, 2013
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Summary

The Utah House on March 1 adopted a first substitute to HB 76 allowing unloaded concealed carry without a permit while maintaining bans on carrying in schools, private residences and churches; sponsors said ‘unloaded’ allows a magazine but not a chambered round. The measure passed 51‑18 and moves to the Senate.

The Utah House of Representatives on March 1 passed a first substitute to House Bill 76 that creates a class of unloaded, permitless concealed carry.

Sponsor Representative Kurt Mathis told colleagues the substitute keeps existing protections for sensitive places while allowing a person to carry a concealed firearm without a concealed‑carry permit so long as the weapon is “unloaded” under Utah code — meaning a round is not chambered even if a magazine or cylinder is present. “This bill now, instead of allowing loaded concealed carry without a permit, will allow unloaded concealed carry without a permit,” Mathis said.

Opponents pressed for practical and enforcement clarifications. Representative Powell asked whether law enforcement would lose the ability to check a state permit database if permits were no longer required for a large class of people; Mathis answered that concealed‑carry permits remain available for those who want reciprocity and the ability to carry loaded concealed weapons, and standard background checks and ownership checks are unaffected. Powell asked, “So it does remove a permit requirement that currently the state maintains the records of the people who have those permits,” and Mathis confirmed the permit would no longer be required for those carrying unloaded concealed weapons.

Other lawmakers asked how the definition applies to different firearms. Representative Lifferth asked about revolvers and weapons without detachable magazines; Mathis responded that statutory definitions cover such cases and described “unloaded” in mechanical terms (two separate actions required to fire).

Supporters framed the substitute as a compromise that prevents people who lawfully carry openly from being penalized when they cover their weapon. Representative Greenwood described it as “the art of compromise.” Representative Powell recounted a constituent who was harassed when putting on a coat over a saddle‑mounted firearm and said the substitute addresses those cases.

After a motion for previous question to end debate, the House voted to approve the substitute and then passed first substitute HB 76 by a vote of 51 yes to 18 no. The bill will be transmitted to the Senate for further consideration.

The House record shows the sponsor stressed the bill does not change prohibitions on carrying in schools, private residences and churches and that persons who prefer to carry loaded concealed weapons can still obtain a permit.