Utah Gun Control Laws

The Second Amendment of the U.S. Constitution gives citizens the right to own and bear arms.  In Article 1, Section 6 of the Utah Constitution, residents have the right to protect themselves, their property, and other from harm.  As a “stand your ground” state, criminals using force during the commission of a crime may expect to be met with lethal force if necessary.

Carrying Guns and Possession Laws: Penalties & Regulations

Unfortunately, regardless of the Second Amendment, some Utah citizens forfeit the right to possess a firearm.  For example, an individual cannot possess a firearm, if convicted of a violent felony within the last 10 years.  A person unlawfully possesses a firearm while under the influence of alcohol or drugs. In addition, a person under the age of 18 cannot be in possession of a gun, unless a parent, guardian, or licensed instructor is present.  Being caught illegally possessing a gun can carry stiff penalties like:

• A second-degree felony, punishable by 1-15 year in jail, if an individual on parole or convicted of a violent felony is found in possession of a gun
• A person using a controlled substance faces up to 5 years in jail, if found with a gun
• An individual carrying a concealed weapon, without a valid permit may serve up to six months in prison

Requirements:

Utah Gun Purchasing Laws

In the state of Utah, no waiting period is necessary to purchase a gun.  However, an instant background check is done, using the state database. The individual must be at least 18 years of age.  If applying for a permit to carry a concealed weapon, the person must be at least 21.  The purchase of guns is prohibited, if an individual has been convicted of a violent crime or found to be incompetent. Buyers may not purchase machine guns, sawed off shotguns, or sawed off rifles.

Penalties & Regulations for Illegal Purchases

Laws regarding the purchase of shotguns, rifles, and handguns are instituted to protect the public from those people forfeiting their Second Amendment rights.  Illegal purchase of a gun will result in confiscation of the weapon, and misdemeanor or felony charges will apply.  Penalties affect both the buyer and seller, if both have knowledge of information that disqualifies the buyer from owning a gun.  For instance:

• A person selling a gun to a minor is guilty of a third degree felony, punishable by up to 5 years in prison and a $5000 fine
• Both purchaser and dealer are guilty of a third degree felony, if a background check is not done, and the gun is transferred out of state
• An individual convicted of a violent crime faces a Second Degree felony charge, punishable by 1-15 years in jail and a $5000 fine, for unlawfully purchasing a gun

Requirements:

Firing Handguns and Self Defense

Citizens of Utah are permitted to own a gun for the purposes of self-defense.  As a “stand your ground” state, lethal force is permissible, if life and property are in danger. However, self-defense does not apply when in a public location and not on personal property.  Even though the act may seem justified, penalties exist for individuals brandishing or discharging weapons in a public location.  For example:

• Discharging a firearm in a public place, to intimidate, is punishable by at least 3 years in prison
• Firing a gun at road signs or across public roads has the potential consequence of six months in prison
• Parents knowingly allowing minors to use a gun, without appropriate supervision, are guilty of a Class B misdemeanor, and face up to 6 months in prison and a $1000 fine

Legal Help

Individuals facing charges regarding gun laws need to hire professional legal help. Man gun charges are a felony offence at both the state and Federal level.  A criminal attorney may help preserve your liberty, protect your rights, and save your good name.  A lawyer can help you face charges like:

• Possession of a gun on school property
• Unlawful discharge of a firearm
• Minor in possession of a gun
• Unlawful sale of a firearm