Under Utah’s State Constitution, an individual has the right to keep and bear arms. Their purpose must be for the defense and security of family, self, and others. The Constitution also reads that the state legislature has some authority in determining the definition of the lawful use of arms. The Utah constitution leaves it to the State Legislature to define the proper use of weapons. This includes the definitions of concealed carry, a dangerous weapon, and intent. Additionally, the Constitution defines where a dangerous weapon may be carried and how it is to be used. These laws have been upheld by the Utah Court of Appeals.
Under U.C.A., 1953, Utah Constitution Art 1 §6, individuals have the right to keep and bear arms. These must be used for the defense and security of family, self, or others. They can also be used to protect property or to serve the state. These rights cannot be infringed upon, however, the definition of the lawful use of arms is to be defined by the State Legislature. The Legislature holds the right to define which weapons shall be deemed dangerous and who may use such a weapon under Utah law.
Title 76 of the Utah Criminal Code regulates the use of knives, edged tools, edged knives, and edged arms.
Exclusions:
No type of knife is excluded from these protections under Utah law.
Selling Or Transferring Knives
There are no laws governing the sale or transfer of knives under Utah law.
Carrying or Concealing a Weapon
Under Utah law, citizens are prohibited from carrying a concealed weapon.
There are exceptions to this rule under Section 76-10-503 of the Utah constitution, found in Subsections (2), (3), and (4). Basically, anyone carrying a concealed weapon, including an unloaded firearm, is guilty of a Class B misdemeanor. The weapon must be immediately accessible and not in a case. This does not include weapons in a citizen’s residence, on their property, or their own vehicle. The legal statute is §76-10-504(1).
The term “concealed dangerous weapon” is defined by statute under Utah law.
§ 76-10-501(3)(a) defines a concealed weapon as a dangerous weapon that is hidden, covered or secreted so that others would not be aware it existed. It must also be readily accessible and able to be used.
Utah statutes also clearly define dangerous weapon.
Under Utah law, a dangerous weapon is one which is intended to cause serious bodily injury or death. Utah statute § 76-10-501(6)(a)(b) provides certain factors in determining if a weapon is to be considered dangerous. These are the type of weapon, the type of wound produces, how the weapon is meant to be used, and how it can be used.
The Utah Court of Appeals in Salt Lake City v. Miles found that a 3 1/2 bladed folding knife with a thumb stud could be considered a dangerous weapon under then current Utah law. The facts of this case found that an individual became verbally abused when stopped from boarding a light rail train. This individual threatened the supervisor and/or train operator at the scene. Even though the individual did not use the knife, the Court found it was not necessary for the individual to use the knife with criminal intent. The issue was the if the knife could be used for such a purpose.
There are no noted Critical dimensions.
Under § 53-5-a-102, § 10-8-47.5 and § 17-50-332, there are certain statewide preemptions.
School Provisions
Under Utah statute, §76-10-505-5, no private individual shall bring a dangerous weapon onto school grounds. This includes all schools, public and private, elementary through post-graduate.
This information that is presented as a brief description of the laws and not as any kind of legal advice. aStraightArrow will not and cannot be a legal service provider. The use of the site does not create any sort of client/lawyer relationship. The knife laws are interpreted differently by prosecuting attorneys, enforcement officers, and judges. aStraightArrow suggests you consult legal counsel for further guidance.