Utah Concealed Weapon Charges

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Utah is a “shall-issue” state, which means a concealed weapon permit will be issued to residents and nonresidents who are at least 21 years old and meet certain requirements. Concealed firearms permits are regulated by the Bureau of Criminal Identification (BCI). Applicants must successfully complete a firearms familiarity course taught by a certified instructor and be able to pass a state criminal background check. Concealed weapon permits are valid for a period of 5 years.

Concealed Weapon Laws in Utah

Utah is the only state in the nation that allows concealed handguns to be carried with a valid permit on university and college campuses. However, it is unlawful to carry any type of firearm, even a concealed weapon with a permit, in the following locations:

  • Any area where firearms are prohibited and a notice is posted
  • Any mental health facility
  • All courthouses and courtrooms
  • Any correctional facility
  • Any house of worship that has posted a sign prohibiting firearms
  • The secure areas of an airport
  • Any establishment that posts signs prohibiting firearms
  • Any bus terminal

Any law-abiding citizen can legally carry an unloaded firearm in public.

Penalties for Weapon Violations in Utah

The weapon violations and penalties for Utah are listed below.

Type of Crime

Description of the Offense

Jail Time & Amount of Fine

Class B misdemeanor

Carrying a concealed weapon without a valid permit

Allowing a minor to use a gun without appropriate supervision if you are the guardian or parent

Possessing a dangerous weapon on school property

Possessing a sawed-off rifle or shotgun or fully automatic weapon if you are a minor

Carrying a loaded firearm in a vehicle or on the street unless authorized

Up to 6 months in a county jail

Fine up to $1,000

Class A misdemeanor

Possessing a firearm or sawed-off shotgun on school property

Possessing a deadly weapon with the intent to assault another person

Allowing a minor to use a gun without appropriate supervision if you are the parent or guardian (second offense)

Possessing a sawed-off rifle or shotgun or fully automatic weapon if you are a minor (second offense)

Altering the maker, model or manufacturer’s number on a handgun

Threatening to use a dangerous weapon during a fight or quarrel

Up to 1 year in county jail

Fine up to $2,500

Third-degree felony

Using a controlled substance while possessing a handgun

Selling a gun to a minor (The dealer and purchaser of a handgun is guilty of this offense if a background check is not done and the weapon is transferred out of Utah.)

Possessing, transporting, distributing or selling any explosive in a secured area of a facility

Up to 5 years in prison

Fine up to $5,000

 

Second-degree felony

Possessing a handgun if you are a convicted felon or on parole

Unlawfully purchasing a gun if you have been convicted of committing a violent crime

Carrying a concealed sawed-off shotgun or rifle

From 1 to 15 years in prison

Fine up to $10,000

Utah's Plea Options

Criminal defendants must enter a plea at the arraignment. Their choices include the following:

  • Guilty—You give up your right to a trial by judge or jury and will be sentenced by the presiding judge in the matter.
  • Not Guilty—The prosecutor has to prove you guilty beyond a reasonable doubt of the charges.
  • No Contest—You neither admit guilt nor dispute the charges against you.
  • Alford Plea—You want the advantage of a plea bargain but do not admit guilt for the crime. The judge decides if this plea option will be allowed.

Utah sometimes allows criminal defendants the option of pleading guilty to a lesser charge. This may be dependent on the seriousness of the charge and the presence of a prior criminal record. First-time offenders are more likely to be offered a plea bargain, and the judge must approve it.

When to Consult a Criminal Defense Attorney

Utah has an additional plea called the “plea of abeyance” in which the court dismisses the charges if you agree to complete a program with certain criteria. A criminal defense attorney can explain all your options. Sometimes an attorney may be successful in getting weapon charges reduced or dismissed, depending on the circumstances of the case.

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