Utah Gun Laws
Wednesday, November 12, 2014
STATE CONSTITUTIONAL PROVISION - Article 1, Section 6.
“The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the State as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the legislature from defining the lawful use of arms.”
Gun Laws Overview
|RIFLES & SHOTGUNS||HANDGUNS|
|Permit to Purchase||No||No|
|Registration of Firearms||No||No|
|Licensing of Owners||No||No|
|Permit to Carry||No||Yes*|
* A permit is required to carry a concealed weapon.
The list and map below are included as a tool to assist you in validating your information. We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to frequent change. The information is not intended as legal advice or a restatement of law and does not include: restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.
|No-Net Loss||No Legislation|
|Right to Carry Confidentiality||Provisions Enacted|
|Right to Carry in Restaurants||Legal|
|Right To Carry Laws||No Permit Required|
|Right To Carry Reciprocity and Recognition||Outright Recognition|
|Right to Keep & Bear Arms State Constitutional Provisions||With Provisions|
Laws on Purchase, Possession and Carrying of Firearms
No state permit is required to purchase a rifle, shotgun, or handgun.
A criminal history background check is needed for the sale of a firearm by a licensed dealer. A Utah concealed firearm permitholder is exempt from this requirement if the dealer first verifies that the permit is valid with the Utah Bureau of Criminal Identification. Utah Code 76-10-526.
No state permit is required to possess a rifle, shotgun or handgun.MORE
It is unlawful for a person to own, possess, or have under his/her control or custody any firearms if that person:
has been convicted of or is under indictment for any felony;
has within the last seven years been adjudicated delinquent for an offense, which if committed by an adult would have been a felony (or 10 years for a violent felony);
is an unlawful user of a controlled substance;
is in possession of a dangerous weapon and is intentionally in possession of a controlled substance;
has been adjudicated as mentally defective or has been committed to a mental institution;
has been found guilty be reason of insanity for a felony offense or has been found mentally incompetent to stand trial for a felony offense;
is on parole or probation for any felony or is on parole from a “secure facility”;
is an alien who is illegally in the United States;
has been dishonorably discharged from the armed forces;
has renounced U.S. citizenshipLESS
It is unlawful to carry a loaded firearm on any public street without a permit. Utah Code 76-10-505.
It is unlawful to carry a concealed firearm without a permit, even if it is unloaded, unless it is securely encased. A firearm that is unloaded and securely encased is not considered concealed. Utah Code 76-10-501 and -504.
A person may carry a loaded firearm without a permit on their real property, a business under the person's control, or at their place of residence, including any temporary residence or camp. Utah Code 76-10-511.MORE
Definition of Loaded
A firearm is considered loaded when there is an unexpended cartridge, shell, or projectile in the firing position. Pistols and revolvers are also considered loaded when an unexpended cartridge is in a position where the manual operation of any mechanism once would cause the cartridge to be fired. A muzzle loading firearm is considered loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders. Utah Code 76-10-502.
Within 60 days after receiving an application and upon proof that the person applying is of good character the Department of Public Safety Bureau of Criminal Identification (BCI) shall issue a permit to carry a concealed firearm for lawful self defense to an applicant who is 21 years of age or older. An applicant satisfactorily demonstrates good character if he:
has not been convicted of a felony or crime of violence;
has not been convicted of an offense involving the use of alcohol, narcotics or other controlled substances;
has not been convicted of an offense involving moral turpitude;
has not been convicted of any offense involving domestic violence; has not be adjudicated mentally incompetent, unless the adjudication has been withdrawn or reversed;
is qualified to purchase and possess a dangerous weapon and a handgun pursuant to state and federal law.
A permit may also be denied if there is reasonable cause to believe the applicant has been or is a danger to self or others as demonstrated by evidence of past unlawful violence or threats of unlawful violence.
The applicant must provide to the issuing authority a photocopy of their driver license, one recent color photograph of passport quality; one set of fingerprints; and Weapons Familiarity Certification. Applicants must complete a firearms familiarity course certified by BCI. The course must be completed before the permit application. The permit is valid throughout the state for 5 years. A non-refundable fee of $46.00 for residents, and $51.00 for non residents, must be included with the application. The cost of renewal is $15.00 and the permit is renewed for five more years. The BCI will send a renewal application approximately one month prior to expiration. The denial of a permit shall be in writing and shall include the general reasons for the action. The applicant may file a petition for review with the board of review within 60 days from the date the denial or revocation is received by the applicant.
The BCI may issue a temporary permit to carry a concealed firearm to a person who has applied for a regular permit to carry a concealed firearm, has made application for temporary permit, demonstrates good character by the same requirements for a regular permit to carry a concealed firearm and demonstrates in writing to the satisfaction of the licensing authority extenuating circumstances that would justify issuing a temporary permit. A temporary permit may not be issued until preliminary record checks regarding the applicant have been made to determine any criminal history. A temporary permit is valid for a maximum of 90 days or any lesser period specified by the BCI, or until a regular permit is issued to the temporary permit holder, whichever period is shorter. The licensing authority may deny, suspend, or revoke a temporary permit prior to expiration if the commissioner determines: (a) the circumstances justifying the temporary permit no longer exist; (b) the holder of the permit has knowingly and willfully provided false information regarding his character; or (c) the holder of the temporary permit does not meet the requirements for a permit. A decision to deny or revoke a temporary permit shall be in writing and shall include the reasons for the action. The licensing authority’s decision to deny, suspend, or revoke a temporary permit prior to expiration may not be appealed.
Utah Code 76-10-523(2) grants recognition to a concealed carry permit issued by any other state.
Carrying while Under the Influence
The carrying of a firearm while under the influence of alcohol or a controlled substance is prohibited. Utah Code 76-10-528 applies the same standard as Driving Under the Influence in Utah Code 41-6a-502 (currently .08 BAC or incapable of safely operating a vehicle). There is no exception for persons who have a valid permit to carry a concealed firearm or are licensed in the pursuit of wildlife.
Utah Code 76-10-505 prohibits the possession of a loaded rifle, shotgun, or muzzle-loading rifle in a vehicle without a permit. It is, however, legal to carry a loaded handgun in a vehicle without a permit if the vehicle is in the person's lawful possession or the handgun is carried with the consent of the person in lawful possession of the vehicle.
Utah Code 76-9-102(3) provides that the mere carrying or possession of a holstered or encased firearm, whether visible or concealed, does not constitute disorderly conduct without additional behavior or circumstances that would cause a reasonable person to believe the holstered or encased firearm was carried or possessed with criminal intent. This does not, however, limit or prohibit a law enforcement officer from approaching or engaging any person in a voluntary conversation.
A person with a permit to carry a concealed firearm may not carry a concealed firearm in any secure area. A secure area may be established at an airport, higher education institution, courthouse or courtroom.
A mental health facility or correctional facility may be designated by rule as an area in which no firearm or ammunition may be transported, sold, given, or possessed upon the facility. At least one notice shall be prominently displayed at each entrance to any secure area in which a firearm is restricted. Provisions shall be made to provide a secure firearms storage area so that persons with lawfully carried firearms may store them while they are in the secure area.
A person licensed to carry a concealed firearm may not knowingly and intentionally transport a firearm into a house of worship or a private residence after notice has been given that firearms are prohibited. Utah Code 76-10-530.LESS
All authority to regulate firearms is reserved to the Legislature. Unless specifically provided by state law, no U.S. citizen or lawfully admitted alien shall be prohibited from owning, possessing, purchasing, selling, transferring, transporting, or keeping any firearm at his place of residence, property, business, or in any vehicle lawfully in his possession or lawfully under his control; or required to have a permit or license to purchase, own, possess, transport, or keep a firearm.
No local authority or state entity may enact or enforce any ordinance, regulation, or rule pertaining to firearms, unless specifically authorized by the Legislature by statute. Utah Code 76-10-500.MORE
Standing to Bring Suit
A person who lawfully designs, manufactures, markets, advertises, transports, or sells firearms or ammunition to the public may not be sued by the state or any of its political subdivisions for the subsequent use, whether lawfully or unlawfully, of the firearm or ammunition, unless the suit is based on the breach of contract or warranty for a firearm or ammunition purchased by the state or political subdivision. Utah Code 78B-4-511.LESS
Utah does not prohibit the possession or transfer of machine guns although a person under age 18 is prohibited from possessing a “fully automatic weapon,” which includes a machine gun. Any person who transfers, in violation of applicable state or federal law, a fully automatic weapon to a minor is guilty of a felony.
Utah statutes define antique firearms and exempt them from the requirements for a background check prior to purchase. They are exempt from the prohibition on changing or removing the name of the maker, the model, manufacturer’s number, or other mark of identification. They are also exempt from the requirement that the Department of Public Safety be allowed to place an identifying number or mark on them, and from the prohibition on placing any number except one assigned by the Department of Public Safety on them. They are treated as ordinary firearms for possession and carrying purposes.
Each state agency or political subdivision shall ensure that any of its rules or ordinances that define or prohibit a public nuisance exclude from the definition or prohibition any shooting range that was established, constructed, or operated prior to the implementation of the rule or ordinance regarding public nuisance. Utah Code 47-3-3.MORE
A person who operates or uses a shooting range is not subject to civil liability or criminal prosecution for noise or noise pollution resulting from the operation or use of the range if the range:
was established, constructed, or operated prior to the implementation of any noise ordinances, rules, or regulations; and does not substantially and adversely affect public health or safety; or
is in compliance with any noise control laws, ordinances, rules, or regulations that applied to the range and its operation at the time of establishment, construction, or initial operation of the range; and does not substantially and adversely affect public health or safety.
Noise generated by a shooting range that is operated in accordance with nationally recognized standards and operating practices is not a public health nuisance.
The owner of any new subdivision development located within 1,000 feet of the boundary of any shooting range that was established, constructed, or operated prior to the development of the subdivision shall provide on any plat filed with the county recorder the following notice:
Shooting Range Area
This property is located in the vicinity of an established shooting range. It can be anticipated that customary uses and activities at this shooting range will be conducted now and in the future. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience which may result from these uses and activities.LESS
It is unlawful to discharge any kind of firearm: from any vehicle; from, upon or across any highway; at any road signs; within Utah State Park buildings, designated camp or picnic sites, overlooks, golf courses, boat ramps, and developed beaches; or without written permission to discharge the dangerous weapon from the owner or person in charge of the property within 600 feet of a house, dwelling, or any other building; or any structure in which a domestic animal is kept or fed, including a barn, poultry yard, corral, feeding pen, or stockyard. Utah Code 76-10-508.
It is unlawful to fire any tracer or incendiary ammunition in the state of Utah except within the confines of an established military reservation. Utah Code 65A-3-2.MORE
It is unlawful for any person in the presence of two or more persons to exhibit any firearm in an angry and threatening manner unless in necessary self-defense.
It is unlawful for a person under 18 to possess a firearm unless he has permission from a parent or guardian, or is accompanied by the parent or guardian. A minor under 18 years of age many not possess a handgun unless the minor: is a patron of lawfully operated target concession at an amusement center and the firearm is chained or affixed to the counters; is in attendance at a hunter's safety course; is engaged in practice at a range or other area where discharge of a firearm is not prohibited by law; is engaged in organized competition; is on real property with the permission of owner, licensee or lessee of the property and has permission of parent or guardian, or the owner to possess a firearm; is hunting lawfully; is traveling to or from any activity listed above. Any minor under 14 years of age in possession of a dangerous weapon shall be accompanied by a responsible adult.LESS
Pennsylvania only recognizes Utah Resident Permits.
Thursday, January 25, 2018
Yesterday, the Utah Senate Judiciary and Law Enforcement Committee passed Senate Bill 16 by a 5-0 vote.
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