 |
Article I, § 6 of the Utah Constitution, as originally drafted (in effect from 1896 until 1984), provided: "The people have the right to bear arms for their security and defense, but the Legislature may regulate the exercise of this right by law." The Utah Supreme Court interpreted this language to allow the state legislature to regulate firearms extensively. See, e.g., People v. Beorchia, 530 P.2d 813, 814 (Utah 1974) (holding that the state right to "bear arms" did not invalidate a statute prohibiting aliens from possessing firearms).
Article I, § 6 was amended in 1984. It now states that "[t]he 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."
In State v. Willis, 2004 UT 93, 100 P.3d 1218, the Supreme Court of Utah rejected defendant's art. I, § 6 challenge to Utah Code Ann. § 76-10-503(2)(a), which bars certain persons from possessing firearms. The court held that while the term "use" in art. I, § 6 is ambiguous, the intent of the legislature and the voting public in adopting the amendment in no way sought to "endow felons with a right to possess guns." Willis, 2004 UT 93, ¶¶ 6, 11-12. To accept defendant's absolute reading of art. I, § 6, the court stated, would lead to "absurd results" where classes of persons such as prison inmates, mental incompetents and minor children would have a constitutional right to possess arms. Willis, 2004 UT 93, ¶ 16.
Hansen v. America Online, Inc., 2004 UT 62, 96 P.3d 950 addressed whether the State of Utah has a strong public policy favoring the keeping and bearing of arms as an individual, constitutionally-protected right flowing from art. I, § 6, and whether that right prevents an employer from prohibiting employees' possession of firearms in the workplace. While this case was pending the state legislature adopted section 53-5a-102, which essentially states that the individual right to "keep and bear arms" is a constitutionally-protected right under art. I, § 6. Nevertheless, the Supreme Court of Utah, reviewing section 53-5a-102 and its legislative history, held that state public policy regarding the keeping and bearing of arms is not strong enough to prevent employers from restricting the possession of weapons in the workplace. Hansen, 2004 UT 62, ¶¶ 18-24. The court read the language of section 53-5a-102(7) (which states that "[n]othing in [section 53-5a-102] restricts or expands private property rights") to "indicate that the legislature has purposefully declined to give the right to keep and bear arms absolute preeminence over the right to regulate one's own private property." Hansen, 2004 UT 62, ¶ 20.
|
|
Pursuant to Utah Code Ann. § 76-10-500(2), adopted in 1999, "[u]nless specifically authorized by the Legislature by statute, a local authority or state entity may not enact or enforce any ordinance, regulation, or rule pertaining to firearms."Section 78B-4-511 reiterates this policy, stating that “all authority to regulate firearms is reserved to the state through the Legislature.
Section 53-5a-102, adopted in 2004, also elaborates upon this policy. It provides, in part:
(2) Except as specifically provided by state law, a local authority or state entity may not:
(a) prohibit an individual from owning, possessing, purchasing, selling, transferring, transporting, or keeping a firearm at the individual's place of residence, property, business, or in any vehicle lawfully in the individual's possession or lawfully under the individual's control; or
(b) require an individual to have a permit or license to purchase, own, possess, transport, or keep a firearm.
(3) In conjunction with Title 76, Chapter 10, Part 5, Weapons, this section is uniformly applicable throughout this state and in all its political subdivisions and municipalities.
(4) All authority to regulate firearms is reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities.
(5) Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on either public or private property.
(6) As used in this section:
(a) "firearm" has the same meaning as defined in Subsection 76-10-501(9); and
(b) "local authority or state entity" includes public school districts, public schools, and state institutions of higher education.
(7) Nothing in this section restricts or expands private property rights.
Section 10-8-47 specifically grants city boards of commissioners and city councils the authority "to regulate and prevent the discharge of firearms.." Sections 76-8-311.1 and 76-8-311.3 allow correctional, law enforcement, and mental health facilities to prohibit or control firearms and ammunition.
In Univ. of Utah v. Shurtleff, 2006 UT 51, 144 P.3d 1109, the Utah Supreme Court held that the University of Utah was subject to section 53-5a-102(5). The court held that the University’s policy prohibiting students, faculty, and staff from carrying firearms on campus did not infringe on the legislature’s right under article I, section 6 to “defin[e] the lawful use of arms,” because the University’s policy was contractual rather than legislative in nature. However, the court held that article X, section 4 of the Utah Constitution, which confirms the rights held by public universities and colleges at the time of statehood, does not prevent the application of section 53-5a-102(5) to the University.
The State Board of Regents may "authorize higher education institutions to establish no more than one secure area at each institution as a hearing room…but [may] not otherwise restrict the lawful possession or carrying of firearms.” Section 53B-3-103(2)(ii)(A); Utah Admin. Code r. 765-254-3. The Board has authorized all Utah State Higher Education institutions to establish these areas. R. 765-254-3. The Board may also authorize higher education institutions to make a rule allowing a dormitory resident to request only roommates not licensed to carry a concealed firearm. Utah Code Ann. § 53B-3-103(2)(ii)(B).
A person who operates or uses a shooting range is not subject to civil liability or criminal prosecution for noise or noise pollution from the range if the range does not substantially and adversely affect public health and safety, and either was established, constructed, or operated before the implementation of any noise ordinances, rules, or regulations or is in compliance with any noise control laws, ordinances, rules, or regulations that applied at that time. Section 47-3-3(2). Each state agency or political subdivision must ensure that any of its rules or ordinances that define or prohibit a public nuisance exclude any shooting range established, constructed, or operated before the implementation of the rule or ordinance unless that activity or operation substantially and adversely affects public health and safety. Section 47-3-3(1).
No agency of a governmental entity or political subdivision of the state may impose restrictions on the lawful possession, transfer, sale, transport, storage, display or use of a firearm or ammunition during a declared state of emergency or local emergency if those restrictions were not in force prior to the declared state of emergency. Section 63-5a-12.
Please see the Preemption summary for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.
|
|
For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.
|
 |
Utah Code Ann. § 65A-3-2(1)(d) prohibits firing any tracer or incendiary ammunition anywhere except within the confines of established military reservations.
Sections 76-8-311.1 and 76-8-311.3 limit the transportation of ammunition into or on correctional facilities, mental health facilities and institutions of higher education. For more information, see the Possession Restrictions subsection under Utah Carrying Firearms below. |
 |
|
No relevant statutes currently exist.
|
 |
|
Federal
law generally requires that licensed firearms dealers conduct
a background check on all prospective firearms purchasers to
ensure that such persons are not prohibited from buying or
possessing a firearm. This background check requirement and
the National Instant Criminal Background Check System (“NICS”)
were enacted through the Brady Handgun Violence Prevention
Act, pursuant to Public Law 103-159, and codified at
18 U.S.C. § 921 et seq. Federal law defines a
number of classes of prohibited purchasers (including felons,
fugitives, persons adjudicated as “mental defectives” or those
committed to mental institutions), and leaves to the states
the power to determine additional classes. (For a complete
list of federally prohibited purchasers, click
here.)
Under the
Brady Act, states have the option of serving as a “state point
of contact” and conducting their own background checks using
NICS and state informational records and databases, or having
the checks performed by the FBI using only NICS. Federal law
does not require that private sellers (persons other than
firearms dealers) conduct background checks on prospective
purchasers.
In Utah, all firearms transfers by licensed dealers are processed directly through the Criminal Investigations and Technical Services Division of the Department of Public Safety (more commonly known as the Bureau of Criminal Identification, or "BCI"), which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). See Utah Code Ann. § 76-10-526 (requiring BCI to review criminal history files, including juvenile court records, to determine if the individual is prohibited from purchasing or possessing a firearm by state or federal law, prior to approving a firearm transfer). In addition, Utah has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. Section 76-10-503(1) provides that, subject to certain limited exceptions, no person shall possess a firearm if he or she:
Is a Category I restricted person, meaning a person who:
- Has been convicted of any violent felony as defined in section 76-3-203.5;
- Is on probation or parole for any felony;
- Is on parole from a “secure facility” as defined in section 62A-7-101; or
- Within the last 10 years has been adjudicated delinquent for
an offense which if committed by an adult would have been a
violent felony as defined in section 76-3-203.5; or
Is a Category II restricted person, meaning a person who:
- Has been convicted of or is under indictment for any felony;
- Within the last seven years has been adjudicated delinquent for an offense which if committed by an adult would have been a felony;
- Is an unlawful user of a controlled substance as defined in section 58-37-2;
- Is in possession of a dangerous weapon and is knowingly and intentionally in unlawful possession of a Schedule I or II controlled substance as defined in section 58-37-2;
- Has been found not guilty by reason of insanity of, or has been found mentally incompetent to stand trial for, a felony offense;
- Has been adjudicated mentally defective as provided in the Brady Handgun Violence Prevention Act, codified at 18 U.S.C. § 921 et seq or has been committed to a mental institution;
- Is an alien who is illegally or unlawfully in the U.S.;
- Has been dishonorably discharged from the armed forces; or
- Has renounced his or her citizenship after having been a citizen of the U.S.
A Category I restricted person who intentionally or knowingly agrees, consents, offers, or arranges to purchase, transfer, possess, use, or have under his or her custody or control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under his or her custody or control any firearm is criminally liable for a second degree felony. Section 76-10-503(2). A Category II restricted person who purchases, transfers, possesses, uses, or has under his or her custody or control any firearm is criminally liable for a third degree felony. Section 76-10-503(3). A person may be subject to the restrictions of both categories at the same time. Section 76-10-503(4).
Under
section 78B-7-204(1)(d), if a finding is made that the
subject of a child protective order or an ex parte
child protective order may pose a serious threat of harm to
the minor, the order may prohibit the subject from purchasing,
using or possessing a firearm.
Sections 76-10-509 and 76-10-509.4 generally prohibit persons under age 18 from possessing firearms (see the Utah Minimum Age to Purchase/Possess section).
Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Concealed firearms permit holders in Utah are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the federal Brady Act. See also Utah Code Ann. § 76-10-526(13) (exempting concealed firearms permit holders from the state requirement of a background check). Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the Utah Carrying Firearms section.
Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Utah, although federal and state purchaser prohibitions still apply. See the Utah Private/Secondary Sales section.
|
 |
|
No relevant statutes currently exist.
|
 |
|
Possession Restrictions
Utah generally prohibits the carrying of a loaded firearm: 1) in or on a vehicle; 2) on any public street; or 3) in a posted prohibited area. Utah Code Ann. § 76-10-505(1).
A person may not possess a firearm at a place the person knows or has reasonable cause to believe is on or around the premises of a school.Section 76-10-505.5(1). This does not apply to, inter alia: 1) a concealed firearm permit holder; 2) a person possessing a firearm for use in a lawful, approved activity; or 3) where the possession is: a) at the person's place of residence or on the person's property; b) in any vehicle lawfully under the person's control, other than a vehicle owned by the school or used by the school to transport students; or c) at the person's place of business, if not located in select school areas (described in section 76-3-203.2(1)(a)(i), (ii), and (iv)). Section 76-10-505.5(3).
Section 76-10-1507(2) prohibits the carrying of a firearm into a bus terminal or aboard a bus. Concealed firearms permit holders and persons in possession of firearms with the consent of the owner of the bus or the owner’s agent are not subject to this prohibition.
Section 76-10-529(2) prohibits the possession of a firearm within a "secure area" of an airport. A "secure area" for purposes of this section is an area established by the airport authority where firearms are restricted. Section 76-10-529(3). A "secure area" must be located beyond the airport’s main area, and must have a notice prominently displayed. Section 76-10-529(4).
Section 76-8-311.1(2)(a) authorizes the establishment of "secure areas" in correctional, law enforcement, and mental health facilities. Section 76-8-311.1(6) prohibits the intentional or knowing transportation of a firearm or ammunition into or on any "secure area" of a facility. Section 76-8-311.3(4)(d) bans the knowing possession of a firearm at a correctional facility or in any "secure area" of a mental health facility without the permission of the authority operating the facility. Section 76-8-311.3(4)(a) prohibits the transportation of a firearm or ammunition into or on any part of a correctional facility or into a "secure area" of a mental health facility with intent to provide it to an offender. To be a "secure area" for purposes of these sections, the area must not be normally accessible to the public, must have a notice posted at the entrance, and must have an adjacent area available for storing weapons. Sections 76-8-311.1(1)(e), (3), (4), 76-8-311.3(2)(g).
State administrative regulations designate as “secure areas”:
All facilities owned or operated by community mental health centers that have any contracts with a local mental health authority and/or the Utah State Division of Substance Abuse and Mental Health (r. 523-1-19); and The entire campus and in all facilities of the Utah State Hospital, including its buildings and grounds (r. 525-6-1).
Utah Code Ann. §§ 76-8-311.1(2) and 76-8-311.3(2) allow correctional, law enforcement, and mental health facilities to further prohibit or control firearms and ammunition.
It is a violation of section 76-8-311.1(6) to intentionally or knowingly transport a firearm or ammunition into or on any "secure area" established pursuant to section 53B-3-103(2)(ii). Section 76-8-311.1(2)(b). The State Board of Regents may "authorize higher education institutions to establish no more than one secure area at each institution as a hearing room…but [may] not otherwise restrict the lawful possession or carrying of firearms.” Section 53B-3-103(2)(ii)(A); Utah Admin. Code r. 765-254-3. The Board has authorized all Utah State Higher Education institutions to establish these areas. R. 765-254-3.
For more information about the rights of public entities to regulate firearms on public property, see the Utah State Preemption section above.
Section 78A-2-203 authorizes the state Judicial Council (a policy-making body for the judiciary) to provide for security in or about a courthouse or courtroom through the rules of judicial administration. The Judicial Council has provided by rule that generally "no person may possess a firearm, ammunition, or dangerous weapon in a courthouse." Judicial Council Rule 3-414(7).
Utah Code Ann. § 76-10-530 prohibits the knowing and intentional transportation or possession of a firearm in a house of worship or private residence if the organization operating the house of worship or the person with lawful right of possession of the private residence has properly given notice that firearms are prohibited.
State administrative regulations prohibit the possession of firearms in certain wildlife and waterfowl management areas, although concealed firearms permit holders are exempt from these prohibitions. Utah Admin. Code r. 657-6-8, r. 657-6-9, r.657-9-11.
Concealed firearms permit holders are not exempt from state administrative regulations that prohibit firearms and ammunition on the site of a therapeutic school, and in the secure area of a juvenile detention facility. Utah Admin. Code r. 501-15-9(12.a), r. 547-14-2.
Concealed firearms permit holders may be subject to additional location limits. Please see the Location Limits subsection below for further information.
Transportation of Firearms
Utah generally prohibits the carrying of a loaded firearm: 1) in or on a vehicle; 2) on any public street; or 3) in a posted prohibited area. Utah Code Ann. § 76-10-505(1).
Section 76-10-529(2) prohibits the transportation of a firearm into or on any "secure area" of an airport. A "secure area" for purposes of this section is an area established by the airport authority where firearms are restricted. Section 76-10-529(3). A "secure area" must be located beyond the airport’s main area, and must have a notice prominently displayed. Section 76-10-529(4).
Sections 76-10-1504(4) and 76-10-1507(2) prohibit the carrying of a firearm into a bus terminal or aboard a bus. Concealed firearms permit holders and persons in possession of firearms with the consent of the owner of the bus or the owner’s agent are not subject to this prohibition.
Utah prohibits purchasing a firearm with the intent to transport the firearm out of Utah to be resold to a person ineligible to purchase it from a licensed dealer.Section 76-10-527(5)(b).
Concealed Weapons Licensing Requirements
Utah is a "shall issue" state, meaning that the Utah Department of Public Safety, Bureau of Criminal Identification ("BCI") must issue a concealed firearms permit if the applicant is 21 years of age or older, within 60 days unless the BCI finds proof that the applicant is not of good character. Section 53-5-704(1). Pursuant to section 53-5-704(2), proof of good character is demonstrated if the applicant:
Has not been convicted of a felony; Has not been convicted of any crime of violence (defined by Utah Admin. Code r. 722-300-3(E) as interference with a police officer, fleeing, resisting arrest, failure to obey a police officer, and obstruction of justice); Has not been convicted of any offense involving the use of alcohol (defined by Utah Admin. Code r. 722-300-3(N) to include alcohol-related reckless driving and illegal use or consumption of an alcoholic beverage); Has not been convicted of the unlawful use of narcotics or other controlled substances (defined in Utah Admin. Code r. 722-300-3(O)); Has not been convicted of any offense involving moral turpitude (defined by Utah Admin. Code r. 722-300-3(M) to include theft, fraud, tax evasion, issuing bad checks, robbery, bribery, perjury, extortion, arson, criminal mischief, falsifying government records, forgery, receiving stolen property, firearms violations, burglary, vandalism, kidnapping, sexual assault, sexual exploitation of a child, bigamy, incest, adultery, fornication, prostitution, indecent exposure, public urination, and violations of the pornographic and harmful materials and performances act, Utah Code Ann. § 76-10-1201 et seq.),
Has not been convicted of any offense involving domestic violence; Has not been adjudicated as "mentally incompetent," unless the adjudication has been withdrawn or reversed; and Is qualified to purchase and possess a firearm pursuant to section 76-10-503 and federal law (see the Utah Background Checks section).
In addition, section 53-5-704(3) states that the BCI may deny, suspend or revoke a permit if there is "reasonable cause" to believe that the applicant has been or is a danger to self or others as demonstrated by evidence including, but not limited to, and past pattern of behavior or past participation in incidents involving unlawful violence or threats of unlawful violence. A “past pattern of behavior” means verifiable incidents, with or without an arrest or conviction, that would lead a reasonable person to believe that an individual has a violent nature and would be a danger to themselves or others. Utah Admin. Code r. 722-300-3(P). In determining whether the applicant has been or is a danger to self or others, the BCI may inspect expunged adult and juvenile records. Utah Code Ann. § 53-5-704(3).
The BCI shall require, with the application materials, evidence of familiarity with the types of firearms to be concealed. Section 53-5-704(5)(d). General familiarity with the types of firearms to be concealed includes training in the safe loading, unloading, storage, and carrying of those firearms, as well as knowledge of current firearms laws. Section 53-5-704(7). Evidence of this familiarity may be satisfied by:
Completion of a course conducted by a national, state, or local firearms training organization approved by the BCI; Certification by a person certified by the BCI, (who may be a law enforcement officer, military or civilian firearms instructor, or hunter safety instructor); or Equivalent experience with a firearm through participation in organized shooting competition, law enforcement, or military service.
Section 53-5-704(7).
Permit holders charged with a crime of violence in any state shall have their permit suspended until such time as they have been acquitted, or the charges have been dropped. Section 53-5-704(3)(d).
The fee for a concealed firearms permit is $59. Utah Admin. Code r. 722-300-4(B). This includes a $35 fee mandated by Utah Code Ann. § 53-5-707(1)(a), plus a $24 FBI fingerprint processing fee.
In February of 2000, the BCI began checking arrest records on a daily basis against concealed firearms permit holders. As a result, permit revocations increased from 58 in 1998 and 75 in 1999, to 256 in 2000. Utah Department of Public Safety, Bureau of Criminal Identification, Firearms Statistical Review (4th Quarter 2005). As of March 31, 2008, there were 112,665 valid permits, up from 44,173 valid permits as of December 31, 2001. Id., Utah Department of Public Safety, Bureau of Criminal Identification, Firearms Statistical Review (4th Quarter 2001); Utah Department of Public Safety, Bureau of Criminal Identification, Firearms Statistical Review (1st Quarter 2008).
Any person who, without a valid concealed firearms permit, carries a concealed firearm that contains no ammunition is criminally liable for a class B misdemeanor. Section 76-10-504(1)(b). If the firearm contains ammunition, the person is criminally liable for a class A misdemeanor. Id.
Additional application and background check requirements are detailed under sections 53-5-704 through 53-5-711, and Utah Admin. Code r. 722-300-3—722-300-17.
Disclosure or Use of Information
Utah does not allow personal application or permit information of concealed firearm permit holders to be made public. Records of permits must be maintained in the office of the licensing authority and filed with the Criminal Investigations and Technical Services Division of the Department of Safety. Section 53-5-708(1). However, the names, addresses, telephone numbers, dates of birth, and Social Security numbers of persons receiving permits are considered “records the disclosure of which would jeopardize the life or safety of an individual” under section 63G-2-305(10). Id. As such, they are “protected records,” not available to the public for research purposes. Section 63G-2-202.
For additional information, see Utah Admin. Code r. 722-300-16 (pertaining to access to concealed firearm permit records).
The State Board of Regents may authorize higher education institutions to make a rule allowing a dormitory resident to request only roommates not licensed to carry a concealed firearm. Section 53B-3-103(2)(ii)(B).
Duration & Renewal
Once issued, Utah concealed firearms permits are valid for five years. Utah Code Ann. § 53-5-704(1)(b). The renewal fee is $10. Section 53-5-707(2).
Location Limits
Permit holders in Utah may not carry a concealed firearm:
In any "secure area" in which firearms are prohibited and notice of the prohibition is posted; In any airport "secure area;" or In any house of worship or private residence where dangerous weapons are prohibited.
Section 53-5-710.
Utah Code Ann. § 76-10-523.5 confirms that Utah laws regarding "secure areas" are applicable to permit holders. Concealed weapons permit/license holders are also subject to generally applicable possession prohibitions. However, the prohibitions on firearms in certain wildlife and waterfowl management areas make exceptions for concealed firearms permit holders. Utah Admin. Code r. 657-6-8, r. 657-6-9, r. 657-9-11.
Please see the Possession Restrictions and Transportation of Firearms sections above for a complete list of locations where firearms are prohibited.
Reciprocity
A permit to carry a concealed firearm that has been issued by another state (or a county within another state) is valid in Utah. Utah Code Ann. § 76-10-523(2).
For a list of states with which Utah has signed formal reciprocity agreements, see the Utah Department of Public Safety, Bureau of Criminal Identification’s Utah Permit Reciprocity page.
Brady Exemption
Concealed weapons permit holders in Utah are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the federal Brady Act. Please note that ATF's exempt status determination is subject to change without notice. For further information, see the Utah Background Checks section.
|
 |
|
Pursuant to Utah Code Ann. § 76-10-509.6(1), a parent or guardian may not intentionally or knowingly provide a firearm to, or permit the possession of a firearm by, any minor (under age 18, as defined in sections 76-10-509, 76-10-509.4, and 76-10-509.9) who has been convicted of a violent felony or adjudicated in juvenile court for an offense which would constitute a violent felony if the minor were an adult.
The state also prohibits any parent or guardian of a minor, where the parent or guardian knows that the minor is in possession of a firearm, from failing to make reasonable efforts to remove the firearm from the minor's possession. Section 76-10-509.7.
A state administrative regulation defines “child endangerment” to include any home where loaded weapons are within the reach of a child. Utah Admin. Code r. 512-202-2. This form of abuse qualifies the child for services from the Utah Division of Child and Family Services. Id.
For age requirements for the purchase or possession of firearms in Utah, see the Utah Minimum Age to Purchase / Possess section.
|
 |
|
Utah does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Utah Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Utah Background Checks section.
Federally licensed firearms dealers are required to provide the Utah Department of Public Safety, Bureau of Criminal Identification ("BCI") with the following information prior to any transfer of a firearm:
The prospective purchaser’s name, address, date of birth, height, weight, eye and hair color, and social security number; and The dealer’s identification number.
Utah Code Ann. § 76-10-526(5).
A dealer may not transfer the firearm until he or she has received approval from the BCI. Id. A person possessing a valid Utah concealed firearms permit is exempt from a background check when purchasing a firearm. Section 76-10-526(13). See the Utah Carrying Firearms section for further information.
In addition, state law makes federally licensed firearms dealers criminally liable for a felony of the third degree for “willfully and intentionally” transferring a firearm in violation of state background check requirements. Section 76-10-527(4). It is also a felony of the third degree to sell any firearm to a person under age 18 unless the person is accompanied by a parent or guardian. Section 76-10-509.9.
Number of Federally Licensed Firearms Dealers
There are 610 federally licensed firearms dealers and pawnbrokers in Utah. Federal firearms licensee totals for Utah as of November 8, 2007 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.
|
|
|
 |
Firearm Prohibitions for Domestic Violence Misdemeanants
There is no law in Utah prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition. However, federal law prohibits purchase and possession of firearms and ammunition by persons who have been convicted of a “misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). Federal law defines a “misdemeanor crime of domestic violence” as an offense that is a federal, state or tribal law misdemeanor and has the use or attempted use of physical force or threatened use of a deadly weapon as an element, if the offender:
Was a current or former spouse, parent, or guardian of the victim; Shares a child in common with the victim; Was a current or former cohabitant with the victim as a spouse, parent or guardian; or Was similarly situated to a spouse, parent or guardian of the victim.
18 U.S.C. § 921(a)(33).
According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), Utah maintains flagged domestic abuse misdemeanor data on a statewide network.
Firearm Prohibition for Persons Subject to Domestic Violence Protective Orders
When a petition for an order of protection is filed, the court may prohibit the respondent from purchasing, using, or possessing a firearm upon a finding that the respondent’s use or possession of a weapon may pose a serious threat of harm to the petitioner. Utah Code Ann. §§ 78B-7-106(2)(d), 78B-7-107(2). The court may make such an order ex parte (without notice to the respondent). Id. A petition for such an order may be brought by any emancipated person or person 16 years of age or older who:
Is or was a spouse of the other party; Is or was living as if a spouse of the other party;
Is related by blood or marriage to the other party; Has one or more children in common with the other party; Is the biological parent of the other party's unborn child; or Resides or has resided in the same residence as the other party.
Sections 77-36-1(4), 78B-7-102(2), (5), 78B-7-106, 78B-7-107(2). However, a petition for such an order may not be brought if one party is the natural parent, adoptive parent, or step-parent of the other, who is a minor, or if both parties are natural, adoptive, step, or foster siblings who are under 18 years of age. Section 78B-7-102(3).
Under section 78B-7-204(1)(d), if a finding is made that the subject of a child protective order or an ex parte child protective order may pose a serious threat of harm to the minor, the order may prohibit the subject from purchasing, using or possessing a firearm.
Every magistrate or court clerk responsible for court records shall, within 30 days of a disposition, furnish the Criminal Investigations and Technical Services Division within the Department of Public Safety, with information pertaining to a protective order issued after notice and a hearing. Section 53-10-208.1(4). According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), Utah maintains flagged restraining order data on a statewide network.
For general information on the background check process and categories of prohibited purchasers/possessors, see the Utah Background Checks section.
Removal or Surrender of Firearms at the Scene of a Domestic Violence Incident
Utah Code Ann. § 77-36-2.1(1)(b) requires a law enforcement officer who responds to an allegation of domestic violence to confiscate the weapon or weapons involved in the alleged domestic violence. |
 |
|
No relevant statutes currently exist. |
 |
|
Pursuant to Utah Code Ann. § 78B-4-511:
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 a
contract or warranty for a firearm or ammunition purchased by
the state or political subdivision.
For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.
|
 |
|
No relevant statutes currently exist. |
 |
|
No relevant statutes currently exist. |
 |
|
No relevant statutes currently exist. |
 |
|
No relevant statutes currently exist. A state administrative regulation states that in certified residential child care facilities:
There shall be no firearms or other weapons accessible to children. Firearms and other weapons shall be stored separately from ammunition and all shall be in a locked cabinet or area during times when children are on the premises, unless the use is in accordance with [the Concealed Weapons Act, Utah Code Ann. § 53-5-701 et seq. or section 76-10-523 (listing persons exempt from the concealed firearms permitting requirement)] or as otherwise authorized by law.
Utah Admin. Code r. 430-50-10. Similar provisions govern:
|
 |
Federal law prohibits any person from selling or otherwise transferring a firearm or ammunition to any person who has been “adjudicated as a mental defective” or “committed to any mental institution.” 18 U.S.C. § 922(d)(4). No federal law requires states to report the identities of these individuals to the National Instant Criminal Background Check System (NICS) database, which the FBI uses to perform background checks prior to firearm transfers.
There is no law in Utah requiring the reporting of mental health information to NICS.
Every magistrate or court clerk responsible for court records shall, within 30 days of a disposition, furnish the Criminal Investigations and Technical Services Division within the Department of Public Safety with certain records, including information pertaining to any:
Utah Code Ann. § 53-10-208.1.
According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), Utah maintains automated adjudicated mentally defective data on a statewide network, and criminal histories may include various mental health dispositions.
For general information on the background check process and categories of prohibited purchasers/possessors, see the Utah Background Checks section. |
 |
|
Utah Code Ann. § 76-10-509.4 provides that no person under age 18 may possess a handgun, sawed-off rifle, sawed–off shotgun, or fully automatic weapon. Section 76-10-509 further prohibits any person under 18 years of age from possessing any other firearm (i.e., a rifle or shotgun) unless he or she:
The provisions of sections 76-10-509 and 76-10-509.4(1) regarding possession of handguns by minors do not apply to any person:
Firing at lawfully operated target concessions at amusement parks, piers, and similar locations provided the firearms to be used are firmly chained or affixed to the counters; In attendance at a hunter’s safety course or a firearms safety course; Engaging in practice or any other lawful use of a firearm at an established range or any other area where the discharge of a firearm is not prohibited by state or local law; Engaging in an organized competition involving the use of a firearm, or participating in or practicing for such competition; Under age 18 who is on real property with the permission of the owner, licensee, or lessee of the property and who has the permission of a parent or legal guardian or the owner, licensee, or lessee to possess a firearm not otherwise in violation of law; Who is a resident or nonresident hunter with a valid hunting license or other person who is lawfully engaged in hunting; or Traveling to or from any activity described above with an unloaded firearm in his or her possession (except the provision related to target concessions where the firearms must be firmly chained or affixed to the counters).
Section 76-10-512.
Any person under 14 years of age in possession of a dangerous weapon shall be accompanied by a responsible adult. Section 76-10-509(2). A "dangerous weapon" is "any item that in the manner of its use or intended use is capable of causing death or serious bodily injury". Section 76-10-501(5)(a).
An applicant for a concealed firearms permit must be 21 years of age or older. Section 53-5-704(1).
It is a felony of the third degree for any person to sell any firearm to a person under age 18 unless the person is accompanied by a parent or guardian. Section 76-10-509.9.
Federal law prohibits firearms dealers from selling or delivering a shotgun or rifle, or ammunition for a shotgun or rifle, to any person the dealer knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(b)(1), (c)(1). Dealers are prohibited from selling or delivering other firearms (e.g., handguns) or ammunition for those firearms to any person the dealer knows or has reasonable cause to believe is under the age of 21. Id.
Federal law generally prohibits unlicensed persons from selling, delivering or otherwise transferring a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(x)(1), (3) and (5).
|
 |
|
No relevant statutes currently exist.
|
 |
|
No relevant statutes currently exist.
|
 |
|
Private
firearms transfers (i.e., transfers by non-firearms
dealers) are not subject to a background check requirement in
Utah, although federal and state purchaser prohibitions still
apply. See the Utah Background Checks
section.
Utah prohibits the purchase of a firearm with intent to: (a) resell or otherwise provide the firearm to any person who is ineligible to purchase or receive it from a federally licensed dealer; or (b) transport the firearm out of Utah to be resold to an ineligible person. Utah Code Ann. § 76-10-527(5).
Utah prohibits the sale of any firearm to a person under age 18 unless he or she is accompanied by a parent or guardian. Section 76-10-509.9.
|
 |
|
Utah Code Annotated § 76-10-526(8)(a) prohibits the Criminal Investigations and Technical Services Division of the Department of Public Safety, which performs criminal history background checks before all firearm transfers, from maintaining any records of a background check for longer than 20 days from the date of the dealer's request for the background check, if the Division determines that the individual receiving the firearm is not prohibited from purchasing, possessing, or transferring the firearm under state or federal law.
|
 |
No relevant statutes currently exist. |
 |
No relevant statutes currently exist.
|
|
