Help us help us keep you informed about any challenge to your second amendment rights by making a small donation or becoming a supporting member. Even a small $5.00 donation helps us keep you up to date on your rights and informed on all firearm related information. We can't do it without your support!

toggle menu

Utah Gun Laws

last updated: March 23, 2017

Gun laws are posted here as a courtesy only and are updated as often as possible. Please check with the actual state website for any additions / revisions to law that may have been made. Up to date information can be found at http://le.utah.gov/xcode/code.html.

Utah Constitution Article I, 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.

TITLE 34 - LABOR IN GENERAL

CHAPTER 45 - Protection Of Activities In Private Vehicles

§34-45-101 - Title

This chapter is known as "Protection of Activities in Private Vehicles."

Enacted by Chapter 379, 2009 General Session

§34-45-102 - Definitions

As used in this chapter:

  1. "Firearm" has the same meaning as provided in Section 76-10-501.
  2. "Motor vehicle" has the same meaning as provided in Section 41-1a-102.
  3. "Person" means an individual, property owner, landlord, tenant, employer, business entity, or other legal entity.

Enacted by Chapter 379, 2009 General Session

§34-45-103 - (2014) Protection of certain activities -- Firearms -- Free exercise of religion
  1. Except as provided in Subsection (2), a person may not establish, maintain, or enforce any policy or rule that has the effect of:
    1. prohibiting any individual from transporting or storing a firearm in a motor vehicle on any property designated for motor vehicle parking, if:
      1. the individual is legally permitted to transport, possess, purchase, receive, transfer, or store the firearm;
      2. the firearm is locked securely in the motor vehicle or in a locked container attached to the motor vehicle while the motor vehicle is not occupied; and
      3. the firearm is not in plain view from the outside of the motor vehicle; or
    2. prohibiting any individual from possessing any item in or on a motor vehicle on any property designated for motor vehicle parking, if the effect of the policy or rule constitutes a substantial burden on that individual's free exercise of religion.
  2. A person may establish, maintain, or enforce a policy or rule that has the effect of placing limitations on or prohibiting an individual from transporting or storing a firearm in a motor vehicle on property the person has designated for motor vehicle parking if:
    1. the person provides, or there is otherwise available, one of the following, in a location reasonably proximate to the property the person has designated for motor vehicle parking:
      1. alternative parking for an individual who desires to transport, possess, receive, transfer, or store a firearm in the individual's motor vehicle that:
        1. imposes no additional cost on the individual; and
        2. is in a location that is legal and safe for parking; or
      2. a secured and monitored storage location where the individual may securely store a firearm before proceeding with the vehicle into the secured parking area; or
    2. the person complies with Subsection 34-45-107(5).

Enacted by Chapter 379, 2009 General Session; Amended by Chapter 251, 2014 General Session

§34-45-104 - Protection from liability

A person that owns or controls a parking area that is subject to this chapter and that complies with the requirements of Section 34-45-103 is not liable in any civil action for any occurrence resulting from, connected with, or incidental to the use of a firearm, by any person, unless the use of the firearm involves a criminal act by the person who owns or controls the parking area.

Enacted by Chapter 379, 2009 General Session

§34-45-105 - Cause of action for noncompliance -- Remedies
  1. An individual who is injured, physically or otherwise, as a result of any policy or rule prohibited by Section 34-45-103, may bring a civil action in a court of competent jurisdiction against any person that violates the provisions of Section 34-45-103.
  2. Any individual who asserts a claim under this section is entitled to request:
    1. declaratory relief;
    2. temporary or permanent injunctive relief to prevent the threatened or continued violation;
    3. recovery for actual damages sustained; and
    4. punitive damages, if:
      1. serious bodily injury or death occurs as a result of the violation of Section 34-45-103; or
      2. the person who violates Section 34-45-103 has previously been notified by the attorney general that a policy or rule violates Section 34-45-103.
  3. The prevailing party in an action brought under this chapter may recover its court costs and reasonable attorney fees incurred.
  4. Nothing in this chapter shall be construed or held to affect any rights or claims made in relation to Title 34A, Chapter 2, Workers' Compensation Act.

Enacted by Chapter 379, 2009 General Session

§34-45-106 - Enforcement by attorney general
  1. The attorney general may bring an action to enforce this chapter and may request any relief that is provided for under Section 34-45-105, including a request for damages on behalf of any individual suffering loss because of a violation of this chapter.
  2. Upon entry of final judgment for a cause of action brought under this section, the court may award restitution, when appropriate, to any individual suffering loss because of a violation of this chapter if proof of loss is submitted to the satisfaction of the court.

Enacted by Chapter 379, 2009 General Session

§34-45-107 - (2016) Exemptions -- Limitations on chapter -- School premises -- Government entities -- Religious organizations -- Single family detached residential units
    1. School premises, as defined in Subsection 76-3-203.2(1), are exempt from the provisions of this chapter.
    2. Possession of a firearm on or about school premises is subject to the provisions of Section 76-10-505.5.
  1. Government entities, including a local authority or state entity, are subject to the requirements of Title 53, Chapter 5a, Firearm Laws, but are otherwise exempt from the provisions of this chapter.
  2. Religious organizations, including religious organizations acting as an employer, are exempt from, and are not subject to the provisions of this chapter.
  3. Owner-occupied single family detached residential units and tenant-occupied single family detached residential units are exempt from the provisions of this chapter.
  4. A person who is subject to federal law that specifically forbids the presence of a firearm on property designated for motor vehicle parking, or a person who is subject to Section 550 of the United States Department of Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in accordance with that section, is exempt from Section 34-45-103 if:
    1. providing alternative parking or a storage location under Subsection 34-45-103(2)(a) would pose an undue burden on the person; and
    2. the person files a statement with the attorney general citing the federal law that forbids the presence of a firearm and detailing the reasons why providing alternative parking or a storage location poses an undue burden.
  5. A person who is subject to Section 550 of the United States Department of Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in accordance with that section is exempt from this chapter if:
    1. the person has attempted to provide alternative parking or a storage location in accordance with Subsection 34-45-103(2)(a);
    2. the secretary of the federal Department of Homeland Security notifies the person that the provision of alternative parking or a storage location causes the person to be out of compliance with Section 550 of the United States Department of Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in accordance with that section and the person may be subject to punitive measures; and
    3. the person files a detailed statement with the attorney general notifying the attorney general of the facts under Subsections (6)(a) and (b).

Enacted by Chapter 379, 2009 General Session; Amended by Chapter 348, 2016 General Session

TITLE 53 - PUBLIC SAFETY CODE

CHAPTER 5 - Regulation Of Firearms

§53-5-701 - Title

This part is known as the "Concealed Firearm Act."

§53-5-702 - Definitions
  1. In addition to the definitions in Section 76-10-501, as used in this part:
    1. "Active duty service member" means a person on active military duty with the United States military and includes full time military active duty, military reserve active duty, and national guard military active duty service members stationed in Utah.
    2. "Active duty service member spouse" means a person recognized by the military as the spouse of an active duty service member and who resides with the active duty service member in Utah.
    3. "Board" means the Concealed Firearm Review Board created in Section 53-5-703.
    4. "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety.
    5. "Commissioner" means the commissioner of the Department of Public Safety.
    6. "Conviction" means criminal conduct where the filing of a criminal charge has resulted in:
      1. a finding of guilt based on evidence presented to a judge or jury;
      2. a guilty plea;
      3. a plea of nolo contendere;
      4. a plea of guilty or nolo contendere which is held in abeyance pending the successful completion of probation;
      5. a pending diversion agreement; or
      6. a conviction which has been reduced pursuant to Section 76-3-402.

Amended by Chapter 280, 2013 General Session

§53-5-703 - Board -- Membership -- Compensation -- Terms -- Duties
  1. There is created within the bureau the Concealed Firearm Review Board.
    1. The board is comprised of not more than five members appointed by the commissioner on a bipartisan basis.
    2. The board shall include a member representing law enforcement and at least two citizens, one of whom represents sporting interests.
    1. Except as required by Subsection (3)(b), as terms of current board members expire, the commissioner shall appoint each new member or reappointed member to a four-year term.
    2. Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
  2. When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
  3. A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
    1. Section 63A-3-106;
    2. Section 63A-3-107; and
    3. rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
  4. The board shall meet at least quarterly, unless the board has no business to conduct during that quarter.
  5. The board, upon receiving a timely filed petition for review, shall review within a reasonable time the denial, suspension, or revocation of a permit or a temporary permit to carry a concealed firearm.

Amended by Chapter 62, 2010 General Session
Amended by Chapter 286, 2010 General Session
Amended by Chapter 324, 2010 General Session

§53-5-704 - Bureau duties -- Permit to carry concealed firearm -- Certification for concealed firearms instructor -- Requirements for issuance -- Violation -- Denial, suspension, or revocation -- Appeal procedure
    1. The bureau shall issue a permit to carry a concealed firearm for lawful self defense to an applicant who is 21 years of age or older within 60 days after receiving an application, unless the bureau finds proof that the applicant does not meet the qualifications set forth in Subsection (2).
    2. The permit is valid throughout the state for five years, without restriction, except as otherwise provided by Section 53-5-710.
    3. The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not apply to a person issued a permit under Subsection (1)(a).
    4. Subsection (4)(a) does not apply to a nonresident:
      1. active duty service member, who present to the bureau orders requiring the active duty service member to report for duty in this state; or
      2. an active duty service member's spouse, stationed with the active duty service member, who presents to the bureau the active duty service member's orders requiring the service member to report for duty in this state.
    1. The bureau may deny, suspend, or revoke a concealed firearm permit if the applicant or permit holder:
      1. has been or is convicted of a felony;
      2. has been or is convicted of a crime of violence;
      3. has been or is convicted of an offense involving the use of alcohol;
      4. has been or is convicted of an offense involving the unlawful use of narcotics or other controlled substances;
      5. has been or is convicted of an offense involving moral turpitude;
      6. has been or is convicted of an offense involving domestic violence;
      7. has been or is adjudicated by a state or federal court as mentally incompetent, unless the adjudication has been withdrawn or reversed; and
      8. is not qualified to purchase and possess a firearm pursuant to Section 76-10-503 and federal law.
    2. In determining whether an applicant or permit holder meets the qualifications set forth in Subsection (2)(a), the bureau shall consider mitigating circumstances.
    1. The bureau may deny, suspend, or revoke a concealed firearm permit if it has reasonable cause to believe that the applicant or permit holder has been or is a danger to self or others as demonstrated by evidence, including:
      1. past pattern of behavior involving unlawful violence or threats of unlawful violence;
      2. past participation in incidents involving unlawful violence or threats of unlawful violence; or
      3. conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons.
    2. The bureau may not deny, suspend, or revoke a concealed firearm permit solely for a single conviction of an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
    3. In determining whether the applicant or permit holder has been or is a danger to self or others, the bureau may inspect:
      1. expunged records of arrests and convictions of adults as provided in Section 77-40-109; and
      2. juvenile court records as provided in Section 78A-6-209.
    1. In addition to meeting the other qualifications for the issuance of a concealed firearm permit under this section, a nonresident applicant who resides in a state that recognizes the validity of the Utah permit or has reciprocity with Utah's concealed firearm permit law shall:
      1. hold a current concealed firearm or concealed weapon permit issued by the appropriate permitting authority of the nonresident applicant's state of residency; and
      2. submit a photocopy or electronic copy of the nonresident applicant's current concealed firearm or concealed weapon permit referred to in Subsection (4)(a)(i).
    2. A nonresident applicant who knowingly and willfully provides false information to the bureau under Subsection (4)(a) is prohibited from holding a Utah concealed firearm permit for a period of 10 years.
    3. Subsection (4)(a) applies to all applications for the issuance of a concealed firearm permit that are received by the bureau after May 10, 2011.
    4. Beginning January 1, 2012, Subsection (4)(a) also applies to an application for renewal of a concealed firearm permit by a nonresident.
  1. The bureau shall issue a concealed firearm permit to a former peace officer who departs full-time employment as a peace officer, in an honorable manner, within five years of that departure if the officer meets the requirements of this section.
  2. Except as provided in Subsection (7), the bureau shall also require the applicant to provide:
    1. the address of the applicant's permanent residence;
    2. one recent dated photograph;
    3. one set of fingerprints; and
    4. evidence of general familiarity with the types of firearms to be concealed as defined in Subsection (8).
  3. An applicant who is a law enforcement officer under Section 53-13-103 may provide a letter of good standing from the officer's commanding officer in place of the evidence required by Subsection (6)(d).
    1. General familiarity with the types of firearms to be concealed includes training in:
      1. the safe loading, unloading, storage, and carrying of the types of firearms to be concealed; and
      2. current laws defining lawful use of a firearm by a private citizen, including lawful self-defense, use of force by a private citizen, including use of deadly force, transportation, and concealment.
    2. An applicant may satisfy the general familiarity requirement of Subsection (8)(a) by one of the following:
      1. completion of a course of instruction conducted by a national, state, or local firearms training organization approved by the bureau;
      2. certification of general familiarity by a person who has been certified by the bureau, which may include a law enforcement officer, military or civilian firearms instructor, or hunter safety instructor; or
      3. equivalent experience with a firearm through participation in an organized shooting competition, law enforcement, or military service.
    3. Instruction taken by a student under Subsection (8) shall be in person and not through electronic means.
    1. An applicant for certification as a Utah concealed firearms instructor shall:
      1. be at least 21 years of age;
      2. be currently eligible to possess a firearm under Section 76-10-503;
      3. have:
        1. completed a firearm instruction training course from the National Rifle Association or the Department of Public Safety, Division of Peace Officer Safety Standards and Training; or
        2. received training equivalent to one of the courses referred to in Subsection (8)(a)(iii)(A) as determined by the bureau;
      4. have taken a course of instruction and passed a certification test as described in Subsection (9)(c); and
      5. possess a Utah concealed firearm permit.
    2. An instructor's certification is valid for three years from the date of issuance, unless revoked by the bureau.
      1. In order to obtain initial certification or renew a certification, an instructor shall attend an instructional course and pass a test under the direction of the bureau.
        1. The bureau shall provide or contract to provide the course referred to in Subsection (9)(c)(i) twice every year.
        2. The course shall include instruction on current Utah law related to firearms, including concealed carry statutes and rules, and the use of deadly force by private citizens.
      1. Each applicant for certification under this Subsection (9) shall pay a fee of $50.00 at the time of application for initial certification.
      2. The renewal fee for the certificate is $25.
      3. The bureau may use a fee paid under Subsections (9)(d)(i) and (ii) as a dedicated credit to cover the cost incurred in maintaining and improving the instruction program required for concealed firearm instructors under this Subsection (9).
  4. A certified concealed firearms instructor shall provide each of the instructor's students with the required course of instruction outline approved by the bureau.
      1. A concealed firearms instructor shall provide a signed certificate to a person successfully completing the offered course of instruction.
      2. The instructor shall sign the certificate with the exact name indicated on the instructor's certification issued by the bureau under Subsection (9).
        1. The certificate shall also have affixed to it the instructor's official seal, which is the exclusive property of the instructor and may not be used by any other person.
        2. The instructor shall destroy the seal upon revocation or expiration of the instructor's certification under Subsection (9).
        3. The bureau shall determine the design and content of the seal to include at least the following:
          1. the instructor's name as it appears on the instructor's certification;
          2. the words "Utah Certified Concealed Firearms Instructor," "state of Utah," and "my certification expires on (the instructor's certification expiration date)"; and
          3. the instructor's business or residence address.
        4. The seal shall be affixed to each student certificate issued by the instructor in a manner that does not obscure or render illegible any information or signatures contained in the document.
    1. The applicant shall provide the certificate to the bureau in compliance with Subsection (6)(d).
  5. The bureau may deny, suspend, or revoke the certification of an applicant or a concealed firearms instructor if it has reason to believe the applicant or the instructor has:
    1. become ineligible to possess a firearm under Section 76-10-503 or federal law; or
    2. knowingly and willfully provided false information to the bureau.
  6. An applicant for certification or a concealed firearms instructor has the same appeal rights as set forth in Subsection (16).
  7. In providing instruction and issuing a permit under this part, the concealed firearms instructor and the bureau are not vicariously liable for damages caused by the permit holder.
  8. An individual who knowingly and willfully provides false information on an application filed under this part is guilty of a class B misdemeanor, and the application may be denied, or the permit may be suspended or revoked.
    1. In the event of a denial, suspension, or revocation of a permit, the applicant or permit holder may file a petition for review with the board within 60 days from the date the denial, suspension, or revocation is received by the applicant or permit holder by certified mail, return receipt requested.
    2. The bureau's denial of a permit shall be in writing and shall include the general reasons for the action.
    3. If an applicant or permit holder appeals the denial to the review board, the applicant or permit holder may have access to the evidence upon which the denial is based in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
    4. On appeal to the board, the bureau has the burden of proof by a preponderance of the evidence.
      1. Upon a ruling by the board on the appeal of a denial, the board shall issue a final order within 30 days stating the board's decision.
      2. The final order shall be in the form prescribed by Subsection 63G-4-203(1)(i).
      3. The final order is final bureau action for purposes of judicial review under Section 63G-4-402.
  9. The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to administer this chapter.

Amended by Chapter 280, 2013 General Session

§53-5-705 - Temporary permit to carry concealed firearm -- Denial, suspension, or revocation -- Appeal
  1. The bureau or its designated agent may issue a temporary permit to carry a concealed firearm to a person who:
    1. has applied for a permit under Section 53-5-704;
    2. has applied for a temporary permit under this section; and
    3. meets the criteria required in Subsections (2) and (3).
  2. To receive a temporary permit under this section, the applicant shall demonstrate in writing to the satisfaction of the bureau extenuating circumstances that would justify issuing a temporary permit.
  3. A temporary permit may not be issued under this section until preliminary record checks regarding the applicant have been made with the National Crime Information Center and the bureau to determine any criminal history.
    1. A temporary permit is valid only for a maximum of 90 days or any lesser period specified by the bureau, or until a permit under Section 53-5-704 is issued to the holder of the temporary permit, whichever period is shorter.
    2. The provisions of Subsections 76-10-504(1) and (2) and Section 76-10-505 do not apply to a person issued a temporary permit under this section during the time period for which the temporary permit is valid.
  4. The bureau may deny, suspend, or revoke a temporary permit prior to expiration if the commissioner determines:
    1. the circumstances justifying the temporary permit no longer exist; or
    2. the holder of the temporary permit does not meet the requirements for a permit under Section >53-5-704.
    1. The denial, suspension, or revocation of a temporary permit shall be in writing and shall include the reasons for the action.
    2. The bureau's decision to deny, suspend, or revoke a temporary permit may not be appealed to the board.
    3. Denial, suspension, or revocation under this subsection is final action for purposes of judicial review under Section 63G-4-402.

Amended by Chapter 62, 2010 General Session

§53-5-706 - Permit -- Fingerprints transmitted to bureau -- Report from bureau
    1. Except as provided in Subsection (2), the fingerprints of each applicant shall be taken on a form prescribed by the bureau.
    2. Upon receipt of the fingerprints and the fee prescribed in Section 53-5-707, the bureau shall conduct a search of its files for criminal history information pertaining to the applicant, and shall request the Federal Bureau of Investigation to conduct a similar search through its files.
    3. If the fingerprints are insufficient for the Federal Bureau of Investigation to conduct a search of its files for criminal history information, the application or concealed firearm permit may be denied, suspended, or revoked until sufficient fingerprints are submitted by the applicant.
    1. If the permit applicant has previously applied to the bureau for a permit to carry concealed firearms, the bureau shall note the previous identification numbers and other data which would provide positive identification in the files of the bureau on the copy of any subsequent permit submitted to the bureau in accordance with this section.
    2. No additional application form, fingerprints, or fee are required under this Subsection (2).

Amended by Chapter 368, 2011 General Session

§53-5-707 - (2014) Concealed firearm permit -- Fees -- Disposition
    1. An applicant for a concealed firearm permit shall pay a fee of $24.75 at the time of filing an application.
    2. A nonresident applicant shall pay an additional $10 for the additional cost of processing a nonresident application.
    3. The bureau shall waive the initial fee for an applicant who is a law enforcement officer under Section 53-13-103.
    4. Concealed firearm permit renewal fees for active duty service members and the spouse of an active duty service member shall be waived.
  1. The renewal fee for the permit is $15.
  2. The replacement fee for the permit is $10.
    1. The late fee for the renewal permit is $7.50.
    2. As used in this section, "late fee" means the fee charged by the bureau for a renewal submitted on a permit that has been expired for more than 30 days but less than one year.
    1. There is created a restricted account within the General Fund known as the "Concealed Weapons Account."
    2. The account shall be funded from fees collected under this section.
    3. Funds in the account shall be used to cover costs relating to the issuance of concealed firearm permits under this part and may not be used for any other purpose.
    1. The bureau may collect any fees charged by an outside agency for additional services required by statute as a prerequisite for issuance of a permit.
    2. The bureau may modify the fee under Subsection (1)(a) by adjusting that fee so that the total of the fee under Subsection (1)(a) and the fee under Subsection (6)(a) is the nearest even dollar amount to that total.
    3. The bureau shall promptly forward any fees collected under Subsection (6)(a) to the appropriate agency.
  3. The bureau shall make an annual report in writing to the Legislature's Law Enforcement and Criminal Justice Interim Committee on the amount and use of the fees collected under this section.

Amended by Chapter 280, 2013 General Session; Chapter 189 effective May 13, 2014, Chapter 226 effective July 1, 2014

§53-5-708 - Permit -- Names private
    1. The bureau shall maintain a record in its office of any permit issued under this part.
    2. Notwithstanding the requirements of Subsection 63G-2-301(2)(b), the names, addresses, telephone numbers, dates of birth, and Social Security numbers of persons receiving permits are protected records under Subsection 63G-2-305 (11).
    3. Notwithstanding Section 63G-2-206, a person may not share any of the information listed in Subsection (1)(b) with any office, department, division, or other agency of the federal government unless:
      1. the disclosure is necessary to conduct a criminal background check on the individual who is the subject of the information;
      2. the disclosure of information is made pursuant to a court order directly associated with an active investigation or prosecution of the individual who is the subject of the information;
      3. the disclosure is made to a criminal justice agency in a criminal investigation or prosecution;
      4. the disclosure is made by a law enforcement agency within the state to another law enforcement agency in the state or in another state in connection with an investigation, including a preliminary investigation, or a prosecution of the individual who is the subject of the information;
      5. the disclosure is made by a law enforcement agency within the state to an employee of a federal law enforcement agency in the course of a combined law enforcement effort involving the law enforcement agency within the state and the federal law enforcement agency; or
      6. the disclosure is made in response to a routine request that a federal law enforcement officer makes to obtain information on an individual whom the federal law enforcement officer detains, including for a traffic stop, or questions because of the individual's suspected violation of state law.
    4. A person is guilty of a class A misdemeanor if the person knowingly:
      1. discloses information listed in Subsection (1)(b) in violation of the provisions under Title 63G, Chapter 2, Government Records Access and Management Act, applicable to protected records; or
      2. shares information in violation of Subsection (1)(c).
      1. As used in this Subsection (1)(e), "governmental agency" means:
        1. the state or any department, division, agency, or other instrumentality of the state; or
        2. a political subdivision of the state, including a county, city, town, school district, local district, and special service district.
      2. A governmental agency may not compel or attempt to compel an individual who has been issued a concealed firearm permit to divulge whether the individual:
        1. has been issued a concealed firearm permit; or
        2. is carrying a concealed firearm.
      3. Subsection (1)(e)(ii) does not apply to a law enforcement officer.
  1. The bureau shall immediately file a copy of each permit it issues under this part.

Amended by Chapter 298, 2013 General Session
Amended by Chapter 445, 2013 General Session

§53-5-710 - Cross-references to concealed firearm permit restrictions

A person with a permit to carry a concealed firearm may not carry a concealed firearm in the following locations:

  1. any secure area prescribed in Section 76-10-523.5 in which firearms are prohibited and notice of the prohibition posted;
  2. in any airport secure area as provided in Section 76-10-529; or
  3. in any house of worship or in any private residence where dangerous weapons are prohibited as provided in Section 76-10-530.

Amended by Chapter 366, 1999 General Session

§53-5-712 - (2014) Armed Forces -- Permit requirements -- Exemptions

An active duty servicemember of the United States Armed Forces who possesses a Utah concealed firearm permit is exempt from the requirement in Subsection 53-5-704 (4)(a) when renewing a Utah concealed firearm permit.

Enacted Chapter 147, 2014

CHAPTER 5a - Firearm Laws

§53-5a-101 - Title

This chapter is known as "Firearm Laws."

Renumbered and Amended by Chapter 382, 2008 General Session

§53-5a-102 - Uniform firearm laws
  1. The individual right to keep and bear arms being a constitutionally protected right under Article I, Section 6 of the Utah Constitution, the Legislature finds the need to provide uniform civil and criminal firearm laws throughout the state.
  2. Except as specifically provided by state law, a local authority or state entity may not:
    1. 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
    2. 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:
    1. "firearm" has the same meaning as defined in Section 76-10-501; and
    2. "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.

Amended by Chapter 278, 2013 General Session

§53-5a-103 - Discharge of firearm on private property -- Liability
  1. Except as provided under Subsection (2), a private property owner, who knowingly allows a person who has a permit to carry a concealed firearm under Section 53-5-704 to bring the firearm onto the owner's property, is not civilly or criminally liable for any damage or harm resulting from the discharge of the firearm by the permit holder while on the owner's property.
  2. Subsection (1) does not apply if the property owner solicits, requests, commands, encourages, or intentionally aids the concealed firearm permit holder in discharging the firearm while on the owner's property.

Enacted by Chapter 339, 2010 General Session

§53-5a-104 - (2015) Firearm transfer certification
  1. As used in this section:
    1. "Certification" means the participation and assent of the chief law enforcement officer necessary under federal law for the approval of the application to transfer or make a firearm.
    2. "Chief law enforcement officer" means any official the Bureau of Alcohol, Tobacco, Firearms and Explosives, or any successor agency, identifies by regulation or otherwise as eligible to provide any required certification for the making or transfer of a firearm.
    3. "Firearm" means the same as that term is defined in the National Firearms Act, 26 U.S.C. Sec. 5845(a).
  2. A chief law enforcement officer may not make a certification under this section that the chief law enforcement officer knows to be untrue. The chief law enforcement officer may not refuse to provide certification based on a generalized objection to private persons or entities making, possessing, or receiving firearms or any certain type of firearm, the possession of which is not prohibited by law.
  3. Upon receiving a federal firearm transfer form a chief law enforcement officer or the chief law enforcement officer's designee shall provide certification if the applicant:
    1. is not prohibited by law from receiving or possessing the firearm; or
    2. is not the subject of a proceeding that could result in the applicant being prohibited by law from receiving or possessing the firearm.
  4. The chief law enforcement officer, the chief law enforcement officer's designee, or official signing the federal transfer form shall:
    1. return the federal transfer form to the applicant within 15 calendar days; or
    2. if the applicant is denied, provide to the applicant the reasons for denial in writing within 15 calendar days.
  5. Chief law enforcement officers and their employees who act in good faith when acting within the scope of their duties are immune from liability arising from any act or omission in making a certification as required by this section. Any action taken aginst a chief law enforcement officer or an employee shall be in accordance with Title 63G, Chapter 7, Governmental Immunity Act of Utah.

Enacted by Chapter 431, 2014; Chapter 258, 2015

CHAPTER 5b - Utah State-made Firearms Protection Act

§53-5b-101 - Title

This chapter is known as the "Utah State-Made Firearms Protection Act."

Enacted by Chapter 5, 2010 General Session

§53-5b-102 - Legal considerations

In reviewing any matter covered by this chapter, a court shall consider the following:

  1. The Tenth Amendment to the United States Constitution guarantees to the state and its people all powers not granted to the federal government elsewhere in the Constitution and reserves to the state and people of Utah certain powers as they were understood at the time that Utah was admitted to statehood.
  2. The guarantee of powers to the state and its people under the Tenth Amendment is a matter of contract between the state and people of Utah and the United States as of the time of statehood.
  3. The Ninth Amendment to the United States Constitution guarantees to the people rights not granted in the Constitution and reserves to the people of Utah certain rights as they were understood at the time that Utah was admitted to statehood.
  4. The guarantee of rights to the people under the Ninth Amendment is a matter of contract between the state and people of Utah and the United States as of the time of statehood.
  5. The regulation of intrastate commerce is vested in the state under the Ninth and Tenth Amendments to the United States Constitution.
  6. The Second Amendment to the United States Constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Utah was admitted to statehood, and the guarantee of the right is a matter of contract between the state and people of Utah and the United States as of the time of statehood.
  7. The Utah Constitution clearly secures to Utah citizens, and prohibits government interference with, the right of individual Utah citizens to keep and bear arms.
  8. A personal firearm, a firearm action or receiver, a firearm accessory, or ammunition that is manufactured commercially or privately in the state to be used or sold within the state is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce.
  9. The Legislature declares that a firearm, a firearm action or receiver, a firearm accessory, and ammunition described in Subsection (8) does not travel in interstate commerce.
  10. The importation into the state of generic and insignificant parts and those parts' incorporation into a firearm, a firearm action or receiver, a firearm accessory, or ammunition manufactured in the state does not subject the firearm, firearm accessory, firearm action or receiver, or ammunition to federal law or regulation.
  11. Basic materials, including unmachined steel and unshaped wood, are not firearms, firearm actions or receivers, firearms accessories, or ammunition.
  12. Trade in basic materials is not subject to congressional authority to regulate firearms, firearm actions or receivers, firearms accessories, and ammunition as if the basic materials were actually firearms, firearm actions or receivers, firearms accessories, or ammunition.
  13. Congress's authority to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearm actions or receivers, firearms accessories, and ammunition made in the state from basic materials.
  14. The attachment or use of firearms accessories in conjunction with a firearm manufactured in the state does not subject the firearm to federal regulation under Congress's power to regulate interstate commerce, without regard to whether the firearms accessories are themselves subject to federal regulation.

Enacted by Chapter 5, 2010 General Session

§53-5b-103 - Definitions

As used in this chapter:

  1. "Firearm" means a device from which is expelled a projectile by action of an explosive.
  2. "Firearm accessory" means an item that is used in conjunction with or mounted upon a firearm, firearm action, or firearm receiver but is not essential to the basic function of a firearm, including:
    1. a telescopic or laser sight;
    2. a magazine;
    3. a flash or sound suppressor;
    4. a folding or aftermarket stock or grip;
    5. a speed-loader;
    6. an ammunition carrier; and
    7. a light for target illumination.
  3. "Generic and insignificant parts:"
    1. means parts that have other manufacturing or consumer product applications; and
    2. includes:
      1. springs;
      2. screws;
      3. nuts; and
      4. pins.
  4. "Manufactured" means creating a firearm, a firearm action or receiver, a firearm accessory, or ammunition from basic materials for functional usefulness, including:
    1. forging;
    2. casting;
    3. machining; and
    4. another process for working materials.

Enacted by Chapter 5, 2010 General Session

§53-5b-201 - Intrastate firearm manufacturing
  1. This chapter applies to a firearm, a firearm action or receiver, a firearm accessory, or ammunition that is manufactured in the state to remain in the state from basic materials that can be manufactured without the inclusion of any significant parts imported into the state.
  2. This chapter does not apply to:
    1. a firearm that cannot be carried and used by one person;
    2. a firearm that has a bore diameter greater than 1-1/2 inches and that uses smokeless powder, not black powder, as a propellant;
    3. a firearm that discharges two or more projectiles with one activation of the trigger or other firing device, other than a shotgun; or
    4. ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm.

Enacted by Chapter 5, 2010 General Session

§53-5b-202 - Required markings

A firearm, firearm action, or firearm receiver manufactured or sold in Utah under this chapter must have the words "Made in Utah" or "Made in UT" clearly stamped on a central metallic part, such as the receiver or frame.

Enacted by Chapter 5, 2010 General Session

CHAPTER 5c - Firearms Safe Harbor

Part 1 - General Provisions

§53-5c-101 - Title

This chapter is known as "Firearms Safe Harbor."

Enacted by Chapter 188, 2013 General Session

§53-5c-102 - Definitions
  1. "Cohabitant" means a person who is 21 years of age or older who resides in the same residence as the other party.
  2. "Firearm" means a pistol, revolver, shotgun, short barrel shotgun, rifle or short barrel rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive.
  3. "Illegal firearm" means a firearm the ownership or possession of which is prohibited under state or federal law.
  4. "Law enforcement agency" means a municipal or county police agency or an officer of that agency.
  5. "Owner cohabitant" means a cohabitant who owns, in whole or in part, a firearm.
  6. "Public interest use" means:
    1. use by a government agency as determined by the legislative body of the agency's jurisdiction; or
    2. donation to a bona fide charity.

Enacted by Chapter 188, 2013 General Session

Part 2 - Voluntary Commitment of Firearm

§53-5c-201 - (2015) Voluntary commitment of a firearm by owner cohabitant -- Law enforcement to hold firearm
    1. An owner cohabitant may voluntarily commit a firearm to a law enforcement agency for safekeeping if the owner cohabitant believes that another cohabitant is an immediate threat to:
      1. himself or herself;
      2. the owner cohabitant; or
      3. any other person.
    2. A law enforcement agency may not hold a firearm under this section if the law enforcement agency obtains the firearm in a manner other than the owner cohabitant voluntarily presenting, of his or her own free will, the firearm to the law enforcement agency at the agency's office.
  1. Unless a firearm is an illegal firearm subject to Section 53-5c-202, a law enforcement agency that receives a firearm in accordance with this chapter shall:
    1. record:
      1. the owner cohabitant's name, address, and phone number;
      2. the firearm serial number; and
      3. the date that the firearm was voluntarily committed;
    2. require the owner cohabitant to sign a document attesting that the owner cohabitant has an ownership interest in the firearm;
    3. hold the firearm in safe custody for 60 days after the day on which it is voluntarily committed; and
    4. upon proof of identification, return the firearm to:
      1. the owner cohabitant after the expiration of the 60-day period or, if the owner cohabitant requests return of the firearm before the expiration of the 60-day period, at the time of the request; or
      2. to an owner other than the owner cohabitant in accordance with Section 53-5c-202.
  2. The law enforcement agency shall hold the firearm for an additional 60 days:
    1. if the initial 60-day period expires; and
    2. the owner cohabitant requests that the law enforcement agency hold the firearm for an additional 60 days.
  3. A law enforcement agency may not request or require that the owner cohabitant provide the name or other information of the cohabitant who poses an immediate threat or any other cohabitant.
  4. Notwithstanding an ordinance or policy to the contrary adopted in accordance with Section 63G-2-701, a law enforcement agency shall destroy a record created under Subsection (2), Subsection 53-5c-202(4)(b)(iii), or any other record created in the application of this chapter no later than five days after:
    1. returning a firearm in accordance with Subsection (2)(d); or
    2. appropriating, selling, or destroying the firearm in accordance with Section 53-5c-202.
  5. Unless otherwise provided, the provisions of Title 77, Chapter 24a, Lost or Mislaid Personal Property, do not apply to a firearm received by a law enforcement agency in accordance with this chapter.
  6. A law enforcement agency shall adopt a policy for the safekeeping of a firearm held in accordance with this chapter.

Enacted by Chapter 188, 2013 General Session; Chapter 258, 2015

§53-5c-202 - Illegal firearms confiscated -- Disposition of unclaimed firearm
  1. If a law enforcement agency receives a firearm in accordance with Section 53-5c-201, and the firearm is an illegal firearm, the law enforcement agency shall:
    1. notify the owner cohabitant attempting to voluntarily commit the firearm that the firearm is an illegal firearm; and
    2. confiscate the firearm and dispose of it as the head of the law enforcement agency determines.
    1. If a law enforcement agency cannot, after a reasonable attempt, locate an owner cohabitant to return a firearm in accordance with Section 53-5c-201, the law enforcement agency may:
      1. appropriate the firearm to public interest use as provided in Subsection (3);
      2. sell the firearm at public auction as provided by law and appropriate the proceeds of the sale to public interest use; or
      3. destroy the firearm if unfit for sale.
    2. A law enforcement agency may take an action in accordance with Subsection (2)a) no earlier than one year after the day on which the owner cohabitant initially voluntarily commits the firearm in accordance with Section 53-5c-201.
  2. Before appropriating the firearm to public interest use, the law enforcement agency, having possession of the firearm, shall obtain from the legislative body of its jurisdiction:
    1. permission to appropriate the firearm to public interest use; and
    2. the designation and approval of the public interest use of the firearm.
    1. If a person other than an owner cohabitant who voluntarily commits a firearm in accordance with Section 53-5c-201 claims ownership of the firearm, the person may:
      1. request that the law enforcement agency return the firearm in accordance with Subsection (4)(b); or
      2. petition the court for the firearm's return in accordance with Subsection (4)(c).
    2. Except as provided in Section 53-5c-201, the law enforcement agency shall return a firearm to a person other than an owner cohabitant who claims ownership of the firearm if:
      1. the 60-day period described in Section 53-5c-201 has expired;
      2. the person provides identification; and
      3. the person signs a document attesting that the person has an ownership interest in the firearm.
    3. After sufficient notice is given to the prosecutor, the court may order that the firearm be:
      1. returned to the rightful owner as determined by the court;
      2. converted to public interest use; or
      3. destroyed.
    4. A law enforcement agency shall return a firearm ordered returned to the rightful owner as expeditiously as possible after a court determination.

Enacted by Chapter 188, 2013 General Session

TITLE 63I - OVERSIGHT

CHAPTER 1 - Legislative Oversight and Sunset Act

§63I-1-276 - (2014) Repeal dates, Title 76

Subsection 76-10-526 (15) is repealed July 1, 2018.

Enacted by Chapter 226, 2014 General Session

TITLE 63K - EMERGENCY MANAGEMENT

CHAPTER 4 - Disaster Response And Recovery Act

§63K-4-405 - Prohibition of restrictions on and confiscation of a firearm or ammunition during an emergency
  1. As used in this section:
      1. "Confiscate" means for an individual in Utah to intentionally deprive another of a privately owned firearm.
      2. "Confiscate" does not include the taking of a firearm from an individual:
        1. in self-defense;
        2. possessing a firearm while the individual is committing a felony or misdemeanor; or
        3. who may not, under state or federal law, possess the firearm.
    1. "Firearm" has the same meaning as defined in Section 76-10-501.
  2. During a declared state of emergency or local emergency under this chapter:
    1. neither the governor nor an agency of a governmental entity or political subdivision of the state may impose restrictions, which were not in force before the declared state of emergency, on the lawful possession, transfer, sale, transport, storage, display, or use of a firearm or ammunition; and
    2. an individual, while acting or purporting to act on behalf of the state or a political subdivision of the state, may not confiscate a privately owned firearm of another individual.
  3. A law or regulation passed during a declared state of emergency that does not relate specifically to the lawful possession or use of a firearm and that has attached criminal penalties may not be used to justify the confiscation of a firearm from an individual acting in defense of self, property, or others when on:
    1. the individual's private property; or
    2. the private property of another as an invitee.
    1. An individual who has a firearm confiscated in violation of Subsection (2) may bring a civil action in a court having the appropriate jurisdiction:
      1. for damages, in the maximum amount of $10,000, against a person who violates Subsection (2);
      2. for a civil penalty, in the amount of $5,000 per violation, against a person who violates Subsection (2); and
      3. for return of the confiscated firearm.
    2. As used in this Subsection (4), "person" means an individual, the governmental entity on whose behalf the individual is acting or purporting to act, or both the individual and the governmental entity.
    1. A law enforcement officer is not subject to disciplinary action for refusing to confiscate a firearm under this section if:
      1. ordered or directed to do so by a superior officer; and
      2. by obeying the order or direction, the law enforcement officer would be committing a violation of this section.
    2. For purposes of this Subsection (5), disciplinary action might include:
      1. dismissal, suspension, or demotion;
      2. loss of or decrease in benefits, pay, privileges or conditions of employment; and
      3. any type of written or electronic indication, permanent or temporary, on the officer's personnel record of the officer's refusal to obey the unlawful order.
    1. If a law enforcement officer commits a violation of this section, the officer's liability in an action brought under Subsection (4)(a) is limited to 5% of the damages and civil penalty allowed under Subsection (4)(a) if the officer can show by clear and convincing evidence that the officer was obeying a direct and unlawful order from a superior officer or authority.
    2. The court shall assess the balance of the damages and civil penalty, the remaining 95%, against the superior officer or authority who ordered or directed the confiscation in violation of this section.

Amended by Chapter 160, 2011 General Session

TITLE 76 - UTAH CRIMINAL CODE

CHAPTER 2 - Principles Of Criminal Responsibility

§76-2-401 - Justification as defense -- When allowed
  1. Conduct which is justified is a defense to prosecution for any offense based on the conduct. The defense of justification may be claimed:
    1. when the actor's conduct is in defense of persons or property under the circumstances described in Sections 76-2-402 through 76-2-406 of this part;
    2. when the actor's conduct is reasonable and in fulfillment of his duties as a governmental officer or employee;
    3. when the actor's conduct is reasonable discipline of minors by parents, guardians, teachers, or other persons in loco parentis, as limited by Subsection (2);
    4. when the actor's conduct is reasonable discipline of persons in custody under the laws of the state; or
    5. when the actor's conduct is justified for any other reason under the laws of this state.
  2. The defense of justification under Subsection (1)(c) is not available if the offense charged involves causing serious bodily injury, as defined in Section 76-1-601, serious physical injury, as defined in Section 76-5-109, or the death of the minor.

Amended by Chapter 126, 2000 General Session

§76-2-402 - Force in defense of person -- Forcible felony defined
    1. A person is justified in threatening or using force against another when and to the extent that the person reasonably believes that force or a threat of force is necessary to defend the person or a third person against another person's imminent use of unlawful force.
    2. A person is justified in using force intended or likely to cause death or serious bodily injury only if the person reasonably believes that force is necessary to prevent death or serious bodily injury to the person or a third person as a result of another person's imminent use of unlawful force, or to prevent the commission of a forcible felony.
    1. A person is not justified in using force under the circumstances specified in Subsection (1) if the person:
      1. initially provokes the use of force against the person with the intent to use force as an excuse to inflict bodily harm upon the assailant;
      2. is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or
      3. was the aggressor or was engaged in a combat by agreement, unless the person withdraws from the encounter and effectively communicates to the other person his intent to do so and, notwithstanding, the other person continues or threatens to continue the use of unlawful force.
    2. For purposes of Subsection (2)(a)(iii) the following do not, by themselves, constitute "combat by agreement":
      1. voluntarily entering into or remaining in an ongoing relationship; or
      2. entering or remaining in a place where one has a legal right to be.
  1. A person does not have a duty to retreat from the force or threatened force described in Subsection (1) in a place where that person has lawfully entered or remained, except as provided in Subsection (2)(a)(iii).
    1. For purposes of this section, a forcible felony includes aggravated assault, mayhem, aggravated murder, murder, manslaughter, kidnapping, and aggravated kidnapping, rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse of a child, and aggravated sexual assault as defined in Title 76, Chapter 5, Offenses Against the Person, and arson, robbery, and burglary as defined in Title 76, Chapter 6, Offenses Against Property.
    2. Any other felony offense which involves the use of force or violence against a person so as to create a substantial danger of death or serious bodily injury also constitutes a forcible felony.
    3. Burglary of a vehicle, defined in Section 76-6-204, does not constitute a forcible felony except when the vehicle is occupied at the time unlawful entry is made or attempted.
  2. In determining imminence or reasonableness under Subsection (1), the trier of fact may consider, but is not limited to, any of the following factors:
    1. the nature of the danger;
    2. the immediacy of the danger;
    3. the probability that the unlawful force would result in death or serious bodily injury;
    4. the other's prior violent acts or violent propensities; and
    5. any patterns of abuse or violence in the parties' relationship.

Amended by Chapter 324, 2010 General Session
Amended by Chapter 361, 2010 General Session

§76-2-403 - Force in arrest

Any person is justified in using any force, except deadly force, which he reasonably believes to be necessary to effect an arrest or to defend himself or another from bodily harm while making an arrest.

Enacted by Chapter 196, 1973 General Session

  1. A peace officer, or any person acting by his command in his aid and assistance, is justified in using deadly force when:
    1. the officer is acting in obedience to and in accordance with the judgment of a competent court in executing a penalty of death under Subsection 77-18-5.5(3) or (4);
    2. effecting an arrest or preventing an escape from custody following an arrest, where the officer reasonably believes that deadly force is necessary to prevent the arrest from being defeated by escape; and
      1. the officer has probable cause to believe that the suspect has committed a felony offense involving the infliction or threatened infliction of death or serious bodily injury; or
      2. the officer has probable cause to believe the suspect poses a threat of death or serious bodily injury to the officer or to others if apprehension is delayed; or
    3. the officer reasonably believes that the use of deadly force is necessary to prevent death or serious bodily injury to the officer or another person.
  2. If feasible, a verbal warning should be given by the officer prior to any use of deadly force under Subsection (1)(b) or (1)(c).

Amended by Chapter 51, 2004 General Session

§76-2-405 - Force in defense of habitation
  1. A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:
    1. the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or
    2. he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony.
  2. The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.

Amended by Chapter 252, 1985 General Session

§76-2-406 - Force in defense of property -- Affirmative defense
  1. A person is justified in using force, other than deadly force, against another when and to the extent that the person reasonably believes that force is necessary to prevent or terminate another person's criminal interference with real property or personal property:
    1. lawfully in the person's possession;
    2. lawfully in the possession of a member of the person's immediate family; or
    3. belonging to a person whose property the person has a legal duty to protect.
  2. In determining reasonableness under Subsection (1), the trier of fact shall, in addition to any other factors, consider the following factors:
    1. the apparent or perceived extent of the damage to the property;
    2. property damage previously caused by the other person;
    3. threats of personal injury or damage to property that have been made previously by the other person; and
    4. any patterns of abuse or violence between the person and the other person.

Amended by Chapter 377, 2010 General Session

§76-2-407 - Deadly force in defense of persons on real property
  1. A person is justified in using force intended or likely to cause death or serious bodily injury against another in his defense of persons on real property other than his habitation if:
    1. he is in lawful possession of the real property;
    2. he reasonably believes that the force is necessary to prevent or terminate the other person's trespass onto the real property;
    3. the trespass is made or attempted by use of force or in a violent and tumultuous manner; and
      1. the person reasonably believes that the trespass is attempted or made for the purpose of committing violence against any person on the real property and he reasonably believes that the force is necessary to prevent personal violence; or
      2. the person reasonably believes that the trespass is made or attempted for the purpose of committing a forcible felony as defined in Section 76-2-402 that poses imminent peril of death or serious bodily injury to a person on the real property and that the force is necessary to prevent the commission of that forcible felony.
  2. The person using deadly force in defense of persons on real property under Subsection (1) is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the trespass or attempted trespass is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or for the purpose of committing a forcible felony.

Enacted by Chapter 273, 2002 General Session

CHAPTER 8 - Offenses Against the Administration of Government

§76-8-703 - Criminal trespass upon an institution of higher education
    1. A chief administrative officer may order a person to leave property that is owned, operated, or controlled by an institution of higher education if the person:
      1. acts or if the chief administrative officer has reasonable cause to believe that the person intends to act to:
        1. cause injury to a person;
        2. cause damage to property;
        3. commit a crime;
        4. interfere with the peaceful conduct of the activities of the institution;
        5. violate any rule or regulation of the institution if that rule or regulation is not in conflict with state law; or
        6. disrupt the institution, its pupils, or the institution's activities; or
      2. is reckless as to whether the person's actions will cause fear for the safety of another.
    2. A person is guilty of criminal trespass upon an institution of higher education if the person enters or remains on property that is owned, operated, or controlled by an institution of higher education after being ordered to leave under Subsection (1)(a).
    3. The mere carrying or possession of a firearm on the campus of a state institution of higher education, as defined in Section 53B-3-102, does not warrant an order to leave under Subsection (1)(a) if the person carrying or possessing the firearm is otherwise complying with all state laws regulating the possession and use of a firearm.
  1. A person is guilty of criminal trespass upon an institution of higher education if the person enters or remains without authorization upon property that is owned, operated, or controlled by an institution of higher education if notice against entry or remaining has been given by:
    1. personal communication to the person by the chief administrative officer or a person with apparent authority to act for the institution;
    2. the posting of signs reasonably likely to come to the attention of trespassers;
    3. fencing or other enclosure obviously designed to exclude trespassers; or
    4. a current order of suspension or expulsion.
  2. If an employee or student of an institution of higher education is ordered to leave under Subsection (1) or receives a notice against entry or remaining under Subsection (2), the institution of higher education shall afford the employee or student the process required by the institution of higher education's rules and regulations.
  3. A person who violates this section shall be punished as provided in Section 76-8-717.

Repealed and Re-enacted by Chapter 257, 2013 General Session

CHAPTER 9 - Offenses Against Public Order and Decency

§76-9-102 - (2016) Disorderly conduct
  1. A person is guilty of disorderly conduct if:
    1. the person refuses to comply with the lawful order of a law enforcement officer to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or
    2. intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, the person:
      1. engages in fighting or in violent, tumultuous, or threatening behavior;
      2. makes unreasonable noises in a public place;
      3. makes unreasonable noises in a private place which can be heard in a public place; or
      4. obstructs vehicular or pedestrian traffic in a public place.
  2. "Public place," for the purpose of this section, means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, public buildings and facilities, transport facilities, and shops.
  3. The mere carrying or possession of a holstered or encased firearm, whether visible or concealed, 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, does not constitute a violation of this section. Nothing in this Subsection (3) may limit or prohibit a law enforcement officer from approaching or engaging any person in a voluntary conversation.
  4. Disorderly conduct is a class C misdemeanor if the offense continues after a request by a person to desist. Otherwise it is an infraction.

Amended by Chapter 20, 1999 General Session; Chapter 143, 2014; Chapter 245, Sec 7, 2016 General Session

CHAPTER 10 - Offenses Against Public Health, Safety, Welfare, And Morals

§76-10-500 - Uniform law
  1. The individual right to keep and bear arms being a constitutionally protected right, the Legislature finds the need to provide uniform laws throughout the state. Except as specifically provided by state law, a citizen of the United States or a lawfully admitted alien shall not be:
    1. 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
    2. required to have a permit or license to purchase, own, possess, transport, or keep a firearm.
  2. This part is uniformly applicable throughout this state and in all its political subdivisions and municipalities. All authority to regulate firearms shall be reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities. Unless 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.

Enacted by Chapter 5, 1999 General Session

§76-10-501 - (2015) Definitions

As used in this part:

    1. "Antique firearm" means:
      1. any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898; or
      2. a firearm that is a replica of any firearm described in this Subsection 1)a), if the replica:
        1. is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or
        2. uses rimfire or centerfire fixed ammunition which is:
          1. no longer manufactured in the United States; and
          2. is not readily available in ordinary channels of commercial trade; or
        1. that is a muzzle loading rifle, shotgun, or pistol; and
        2. is designed to use black powder, or a black powder substitute, and cannot use fixed ammunition.
    2. "Antique firearm" does not include:
      1. a weapon that incorporates a firearm frame or receiver;
      2. a firearm that is converted into a muzzle loading weapon; or
      3. a muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the:
        1. barrel;
        2. bolt;
        3. breechblock; or
        4. any combination of Subsection 1)(b)(iii)a), (B), or (C).
  1. "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety.
    1. "Concealed firearm" means a firearm that is:
      1. covered, hidden, or secreted in a manner that the public would not be aware of its presence; and
      2. readily accessible for immediate use.
    2. A firearm that is unloaded and securely encased is not a concealed firearm for the purposes of this part.
  2. "Criminal history background check" means a criminal background check conducted by a licensed firearms dealer on every purchaser of a handgun, except a Federal Firearms Licensee, through the bureau or the local law enforcement agency where the firearms dealer conducts business.
  3. "Curio or relic firearm" means a firearm that:
    1. is of special interest to a collector because of a quality that is not associated with firearms intended for:
      1. sporting use;
      2. use as an offensive weapon; or
      3. use as a defensive weapon;
      1. was manufactured at least 50 years before the current date; and
      2. is not a replica of a firearm described in Subsection (5)(b)i);
    2. is certified by the curator of a municipal, state, or federal museum that exhibits firearms to be a curio or relic of museum interest;
    3. derives a substantial part of its monetary value:
      1. from the fact that the firearm is:
        1. novel;
        2. rare; or
        3. bizarre; or
      2. because of the firearm's association with an historical:
        1. figure;
        2. period; or
        3. event; and
    4. has been designated as a curio or relic firearm by the director of the United States Treasury Department Bureau of Alcohol, Tobacco, and Firearms under 27 C.F.R. Sec. 478.11.
    1. "Dangerous weapon" means
      1. a firearm; or
      2. an object that in the manner of its use or intended use is capable of causing death or serious bodily injury.
    2. The following factors are used in determining whether any other than a firearm, is a dangerous weapon:
      1. the location and circumstances in which the object was used or possessed;
      2. the primary purpose for which the object was made;
      3. the character of the wound, if any, produced by the object's unlawful use;
      4. the manner in which the object was unlawfully used;
      5. whether the manner in which the object is used or possessed constitutes a potential imminent threat to public safety; and
      6. the lawful purposes for which the object may be used.
    3. "Dangerous weapon" does not include an explosive, chemical, or incendiary device as defined by Section 76-10-306.
  4. "Dealer" means a person who is:
    1. licensed under 18 U.S.C. Sec. 923; and
    2. engaged in the business of selling, leasing, or otherwise transferring a handgun, whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
  5. "Enter" means intrusion of the entire body.
  6. "Federal Firearms Licensee" means a person who:
    1. holds a valid Federal Firearms License issued under 18 U.S.C. Sec. 923; and
    2. is engaged in the activities authorized by the specific category of license held.
    1. "Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive.
    2. As used in Sections 76-10-526 and 76-10-527, "firearm" does not include an antique firearm.
  7. "Firearms transaction record form" means a form created by the bureau to be completed by a person purchasing, selling, or transferring a handgun from a dealer in the state.
  8. "Fully automatic weapon" means a firearm which fires, is designed to fire, or can be readily restored to fire, automatically more than one shot without manual reloading by a single function of the trigger.
    1. "Handgun" means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which a shot, bullet, or other missile can be discharged, the length of which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches.
    2. As used in Sections 76-10-520, 76-10-521, and 76-10-522, "handgun" and "pistol or revolver" do not include an antique firearm.
  9. "House of worship" means a church, temple, synagogue, mosque, or other building set apart primarily for the purpose of worship in which religious services are held and the main body of which is kept for that use and not put to any other use inconsistent with its primary purpose.
  10. "Prohibited area" means a place where it is unlawful to discharge a firearm.
  11. "Readily accessible for immediate use" means that a firearm or other dangerous weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as readily as if carried on the person.
  12. "Residence" means an improvement to real property used or occupied as a primary or secondary residence.
  13. "Securely encased" means not readily accessible for immediate use, such as held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other storage area of a motor vehicle, not including a glove box or console box.
  14. "Short barreled shotgun" or "short barreled rifle" means a shotgun having a barrel or barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or barrels of fewer than 16 inches in length, or a dangerous weapon made from a rifle or shotgun by alteration, modification, or otherwise, if the weapon as modified has an overall length of fewer than 26 inches.
  15. "Shotgun" means a smooth bore firearm designed to fire cartridges containing pellets or a single slug.
  16. "Shoulder arm" means a firearm that is designed to be fired while braced against the shoulder.
  17. "Slug" means a single projectile discharged from a shotgun shell.
  18. "State entity" means a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state.
  19. "Violent felony" has the same meaning as defined in Section 76-3-203.5.

Amended by Chapter 278, 2013 General Session
Amended by Chapter 321., Sec 1, 2013 General Session; Chapter 428, 2014; Chapter 212, 2015; Chapter 406, 2015

§76-10-502 - When weapon deemed loaded
  1. For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position.
  2. Pistols and revolvers shall also be deemed to be loaded when an unexpended cartridge, shell, or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired.
  3. A muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.

Amended by Chapter 328, 1990 General Session

§76-10-503 - (2014) Restrictions on possession, purchase, transfer, and ownership of dangerous weapons by certain persons
  1. For purposes of this section:
    1. A Category I restricted person is a person who:
      1. has been convicted of any violent felony as defined in Section 76-3-203.5;
      2. is on probation or parole for any felony;
      3. is on parole from a secure facility as defined in Section 62A-7-101;
      4. 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
      5. is an alien who is illegally or unlawfully in the United States.
    2. A Category II restricted person is a person who:
      1. has been convicted of any felony;
      2. within the last seven years has been adjudicated delinquent for an offense which if committed by an adult would have been a felony;
      3. is an unlawful user of a controlled substance as defined in Section 58-37-2;
      4. 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;
      5. has been found not guilty by reason of insanity for a felony offense;
      6. has been found mentally incompetent to stand trial for a felony offense;
      7. has been adjudicated as mentally defective as provided in the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed to a mental institution;
      8. has been dishonorably discharged from the armed forces; or
      9. has renounced his citizenship after having been a citizen of the United States.
    3. As used in this section, a conviction of a felony or adjudication of delinquency for an offense which would be a felony if committed by an adult does not include:
      1. a conviction or adjudication of delinquency for an offense pertaining to antitrust violations, unfair trade practices, restraint of trade, or other similar offenses relating to the regulation of business practices not involving theft or fraud; or
      2. a conviction or adjudication of delinquency which, according to the law of the jurisdiction in which it occurred, has been expunged, set aside, reduced to a misdemeanor by court order, pardoned or regarding which the person's civil rights have been restored unless the pardon, reduction, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
    4. It is the burden of the defendant in a criminal case to provide evidence that a conviction or adjudication of delinquency is subject to an exception provided in Subsection (1)(c), after which it is the burden of the state to prove beyond a reasonable doubt that the conviction or adjudication of delinquency is not subject to that exception.
  2. A Category I restricted person who intentionally or knowingly agrees, consents, offers, or arranges to purchase, transfer, possess, use, or have under the person's custody or control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under the person's custody or control:
    1. any firearm is guilty of a second degree felony; or
    2. any dangerous weapon other than a firearm is guilty of a third degree felony.
  3. A Category II restricted person who intentionally or knowingly purchases, transfers, possesses, uses, or has under the person's custody or control:
    1. any firearm is guilty of a third degree felony; or
    2. any dangerous weapon other than a firearm is guilty of a class A misdemeanor.
  4. A person may be subject to the restrictions of both categories at the same time.
  5. If a higher penalty than is prescribed in this section is provided in another section for one who purchases, transfers, possesses, uses, or has under this custody or control any dangerous weapon, the penalties of that section control.
  6. It is an affirmative defense to a charge based on the definition in Subsection (1)(b)(iv) that the person was:
    1. in possession of a controlled substance pursuant to a lawful order of a practitioner for use of a member of the person's household or for administration to an animal owned by the person or a member of the person's household; or
    2. otherwise authorized by law to possess the substance.
    1. It is an affirmative defense to transferring a firearm or other dangerous weapon by a person restricted under Subsection (2) or (3) that the firearm or dangerous weapon:
      1. was possessed by the person or was under the person's custody or control before the person became a restricted person;
      2. was not used in or possessed during the commission of a crime or subject to disposition under Section 76-10-525;
      3. is not being held as evidence by a court or law enforcement agency;
      4. was transferred to a person not legally prohibited from possessing the weapon; and
      5. unless a different time is ordered by the court, was transferred within 10 days of the person becoming a restricted person.
    2. Subsection (7)(a) is not a defense to the use, purchase, or possession on the person of a firearm or other dangerous weapon by a restricted person.
    1. A person may not sell, transfer, or otherwise dispose of any firearm or dangerous weapon to any person, knowing that the recipient is a person described in Subsection (1)(a) or (b).
    2. A person who violates Subsection (8)(a) when the recipient is:
      1. a person described in Subsection (1)(a) and the transaction involves a firearm, is guilty of a second degree felony;
      2. a person described in Subsection (1)(a) and the transaction involves any dangerous weapon other than a firearm, and the transferor has knowledge that the recipient intends to use the weapon for any unlawful purpose, is guilty of a third degree felony;
      3. a person described in Subsection (1)(b) and the transaction involves a firearm, is guilty of a third degree felony; or
      4. a person described in Subsection (1)(b) and the transaction involves any dangerous weapon other than a firearm, and the transferor has knowledge that the recipient intends to use the weapon for any unlawful purpose, is guilty of a class A misdemeanor.
    1. A person may not knowingly solicit, persuade, encourage or entice a dealer or other person to sell, transfer or otherwise dispose of a firearm or dangerous weapon under circumstances which the person knows would be a violation of the law.
    2. A person may not provide to a dealer or other person any information that the person knows to be materially false information with intent to deceive the dealer or other person about the legality of a sale, transfer or other disposition of a firearm or dangerous weapon.
    3. "Materially false information" means information that portrays an illegal transaction as legal or a legal transaction as illegal.
    4. A person who violates this Subsection (9) is guilty of:
      1. a third degree felony if the transaction involved a firearm; or
      2. a class A misdemeanor if the transaction involved a dangerous weapon other than a firearm.

Amended by Chapter 317, 2012 General Session; Chapter 299, 2014; Chapter 428, 2014

§76-10-504 - (2015) Carrying concealed dangerous weapon -- Penalties
  1. Except as provided in Section 76-10-503 and in Subsections (2), (3), and (4), a person who carries a concealed firearm, as defined in Section 76-10-501, including an unloaded firearm on his or her person or one that is readily accessible for immediate use which is not securely encased, as defined in this part, in or on a place other than the person's residence, property, a vehicle in the person's lawful possession, or a vehicle, with the consent of the individual who is lawfully in possession of the vehicle, or business under the person's control is guilty of a class B misdemeanor.
  2. A person who carries a concealed firearm that is a loaded firearm in violation of Subsection (1) is guilty of a class A misdemeanor.
  3. A person who carries concealed an unlawfully possessed short barreled shotgun or a short barreedl rifle is guilty of a second degree felony.
  4. If the concealed firearm is used in the commission of a violent felony as defined in Section 76-3-203.5, and the person is a party to the offense, the person is guilty of a second degree felony.
  5. Nothing in Subsection (1) or (2) prohibits a person engaged in the lawful taking of protected or unprotected wildlife as defined in Title 23, Wildlife Resources Code of Utah, from carrying a concealed firearm as long as the taking of wildlife does not occur:
    1. within the limits of a municipality in violation of that municipality's ordinances; or
    2. upon the highways of the state as defined in Section 41-6a-102.

Amended by Chapter 114, 2012 General Session

Amended by Chapter 301, Sec. 2, 2013 General Session; Chapter 406, 2015

§76-10-505 - Carrying loaded firearm in vehicle or on street
  1. Unless otherwise authorized by law, a person may not carry a loaded firearm:
    1. in or on a vehicle, unless:
      1. the vehicle is in the person's lawful possession; or
      2. the person is carrying the loaded firearm in a vehicle with the consent of the person lawfully in possession of the vehicle;
    2. on a public street; or
    3. in a posted prohibited area.
  2. Subsection (1)(a) does not apply to a minor under 18 years of age, since a minor under 18 years of age may not carry a loaded firearm in or on a vehicle.
  3. Notwithstanding Subsection (1)(a)(i) and (ii), a person may not possess a loaded rifle, shotgun, or muzzle-loading rifle in a vehicle.
  4. A violation of this section is a class B misdemeanor.

Amended by Chapter 362, 2009 General Session

§76-10-505.5 - Possession of a dangerous weapon, firearm, or sawed-off shotgun on or about school premises -- Penalties
  1. As used in this section, "on or about school premises" means:
      1. in a public or private elementary or secondary school; or
      2. on the grounds of any of those schools;
      1. in a public or private institution of higher education; or
      2. on the grounds of a public or private institution of higher education; and
        1. inside the building where a preschool or child care is being held, if the entire building is being used for the operation of the preschool or child care; or
        2. if only a portion of a building is being used to operate a preschool or child care, in that room or rooms where the preschool or child care operation is being held.
  2. A person may not possess any dangerous weapon, firearm, or short barreled shotgun, as those terms are defined in Section 76-10-501, at a place that the person knows, or has reasonable cause to believe, is on or about school premises as defined in this section.
    1. Possession of a dangerous weapon on or about school premises is a class B misdemeanor.
    2. Possession of a firearm or short barreled shotgun on or about school premises is a class A misdemeanor.
  3. This section does not apply if:
    1. the person is authorized to possess a firearm as provided under Section 53-5-704, 53-5-705, 76-10-511, or 76-10-523, or as otherwise authorized by law;
    2. the possession is approved by the responsible school administrator;
    3. the item is present or to be used in connection with a lawful, approved activity and is in the possession or under the control of the person responsible for its possession or use; or
    4. the possession is:
      1. at the person's place of residence or on the person's property; or
      2. 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.
  4. This section does not prohibit prosecution of a more serious weapons offense that may occur on or about school premises.

Amended by Chapter 91, 2011 General Session

Amended by Chapter 301, 2013 General Session

§76-10-506 - (2014) Threatening with or using dangerous weapon in fight or quarrel
  1. As used in this section
    1. "Dangerous weapon" means an item that in the manner of its use or intended use is capable of causing death or serious bodily injury. The following factors shall be used in determining whether an item, object, or thing is a dangerous weapon:
      1. the character of the instrument, object, or thing;
      2. the character of the wound produced, if any; and
      3. the manner in which the instrument, object, or thing was exhibited or used.
    2. "Threatening manner" does not include:
      1. the possession of a dangerous weapon, whether visible or concealed, without additional behavior which is threatening; or
      2. informing another of the actor's possession of a deadly weapon in order to prevent what the actor reasonably perceives as a possible use of unlawful force by the other and the actor is not engaged in any activity described in Subsection 76-2-402(2)(a).
  2. Except as otherwise provided in Section 76-2-402 and for those persons described in Section 76-10-503, a person who, in the presence of two or more persons, and not amounting to a violation of Section 76-5-103, draws or exhibits a dangerous weapon in an angry and threatening manner or unlawfully uses a dangerous weapon in a fight or quarrel is guilty of a class A misdemeanor.
  3. This section does not apply to a person who, reasonably believing the action to be necessary in compliance with Section 76-2-402, with purpose to prevent another's use of unlawful force:
    1. threatens the use of a dangerous weapon; or
    2. draws or exhibits a dangerous weapon.
  4. This section does not apply to a person listed in Subsections 76-10-523 (1)(a) through (e) in performance of the person's duties.

Amended by Chapter 361, 2010 General Session; Chapter 248, 2014

§76-10-507 - (2015) Possession of deadly weapon with criminal intent.

Every person having upon his person any dangerous weapon with intent to use it to commit a criminal offense is guilty of a class A misdemeanor.

Amended by Chapter 406, 2015 General Session

§76-10-508 - (2014) Discharge of firearm from a vehicle, near a highway, or in direction of any person, building, or vehicle -- Penalties
    1. A person may not discharge any kind of dangerous weapon or firearm:
      1. from an automobile or other vehicle;
      2. from, upon, or across any highway;
      3. at any road signs placed upon any highways of the state;
      4. at any communications equipment or property of public utilities including facilities, lines, poles, or devices of transmission or distribution;
      5. at railroad equipment or facilities including any sign or signal;
      6. within Utah State Park buildings, designated camp or picnic sites, overlooks, golf courses, boat ramps, and developed beaches; or
      7. without written permission to discharge the dangerous weapon from the owner or person in charge of the property within 600 feet of:
        1. a house, dwelling, or any other building; or
        2. any structure in which a domestic animal is kept or fed, including a barn, poultry yard, corral, feeding pen, or stockyard.
    2. It is a defense to any charge for violating this section that the person being accused had actual permission of the owner or person in charge of the property at the time in question.
  1. A violation of any provision of Subsection (1) is a class B misdemeanor.
  2. In addition to any other penalties, the court shall:
    1. notify the Driver License Division of the conviction for purposes of any revocation, denial, suspension, or disqualification of a driver license under Subsection 53-3-220(1)(a)(xi); and
    2. specify in court at the time of sentencing the length of the revocation under Subsection 53-3-225(1)(c).
  3. This section does not apply to a person who:
    1. discharges any kind of firearm when that person is in lawful defense of self or others;
    2. is performing official duties as provided in Section 23-20-1.5 and Subsections76-10-523(1)(a) through (e) and as otherwise provided by law; or
    3. discharges a dangerous weapon or firearm from an automobile or other vehicle, if:
      1. the discharge occurs at a firing range or training ground;
      2. at no time after the discharge does the projectile that is discharged cross over or stop at a location other than within the boundaries of the firing range or training ground described in Subsection (4)(c)(i);
      3. the discharge is made as practice or training for a lawful purpose;
      4. the discharge and the location, time, and manner of the discharge are approved by the owner or operator of the firing range or training ground prior to the discharge; and
      5. the discharge is not made in violation of Subsection (1).

Amended by Chapter 296, 2008 General Session; Chapter 248, 2014

§76-10-508.1 - (2014) Felony discharge of a firearm -- Penalties
  1. Except as provided under Subsection (2) or (3), a person who discharges a firearm is guilty of a third degree felony punishable by imprisonment for a term of not less than three years nor more than five years if:
    1. the actor discharges a firearm in the direction of any person or persons, knowing or having reason to believe that any person may be endangered by the discharge of the firearm;
    2. the actor, with intent to intimidate or harass another or with intent to damage a habitable structure as defined in Section 76-6-101, discharges a firearm in the direction of any person or habitable structure; or
    3. the actor, with intent to intimidate or harass another, discharges a firearm in the direction of any vehicle.
  2. A violation of Subsection (1) which causes bodily injury to any person is a second degree felony punishable by imprisonment for a term of not less than three years nor more than 15 years.
  3. A violation of Subsection (1) which causes serious bodily injury to any person is a first degree felony.
  4. In addition to any other penalties for a violation of this section, the court shall:
    1. notify the Driver License Division of the conviction for purposes of any revocation, denial, suspension, or disqualification of a driver license under Subsection 53-3-220(1)(a)(xi); and
    2. specify in court at the time of sentencing the length of the revocation under Subsection 53-3-225(1)(c).
  5. This section does not apply to a person:
    1. who discharges any kind of firearm when that person is in lawful defense of self or others;
    2. who is performing official duties as provided in Section 23-20-1.5 or Subsections 76-10-523(1)(a) through (e) or as otherwise authorized by law; or
    3. who discharges a dangerous weapon or firearm from an automobile or other vehicle, if:
      1. the discharge occurs at a firing range or training ground;
      2. at no time after the discharge does the projectile that is discharged cross over or stop at a location other than within the boundaries of the firing range or training ground described in Subsection (5)(c)(i);
      3. the discharge is made as practice or training for a lawful purpose;
      4. the discharge and the location, time, and manner of the discharge are approved by the owner or operator of the firing range or training ground prior to the discharge; and
      5. the discharge is not made in violation of Subsection (1).

Amended by Chapter 157, 2009 General Session; Chapter 248, 2014

§76-10-509 - Possession of dangerous weapon by minor
  1. A minor under 18 years of age may not possess a dangerous weapon unless he:
    1. has the permission of his parent or guardian to have the weapon; or
    2. is accompanied by a parent or guardian while he has the weapon in his possession.
  2. Any minor under 14 years of age in possession of a dangerous weapon shall be accompanied by a responsible adult.
  3. Any person who violates this section is guilty of:
    1. a class B misdemeanor upon the first offense; and
    2. a class A misdemeanor for each subsequent offense.

Amended by Chapter 10, 1993 Special Session 2

§76-10-509.4 - Prohibition of possession of certain weapons by minors
  1. A minor under 18 years of age may not possess a handgun.
  2. Except as provided by federal law, a minor under 18 years of age may not possess the following:
    1. a short barreled rifle or short barreled shotgun; or
    2. a fully automatic weapon.
  3. Any person who violates Subsection (1) is guilty of:
    1. a class B misdemeanor upon the first offense; and
    2. a class A misdemeanor for each subsequent offense.
  4. Any person who violates Subsection (2) is guilty of a third degree felony.

Amended by Chapter 80, 1995 General Session

Amended by Chapter 301, 2013 General Session

§76-10-509.5 - Penalties for providing certain weapons to a minor
  1. Any person who provides a handgun to a minor when the possession of the handgun by the minor is a violation of Section 76-10-509.4 is guilty of:
    1. a class B misdemeanor upon the first offense; and
    2. a class A misdemeanor for each subsequent offense.
  2. Any person who transfers in violation of applicable state or federal law a short barreled rifle, short barreled shotgun, or fully automatic weapon to a minor is guilty of a third degree felony.

Amended by Chapter 94, 1994 General Session

Amended by Chapter 301, 2013 General Session

§76-10-509.6 - Parent or guardian providing firearm to violent minor
  1. A parent or guardian may not intentionally or knowingly provide a firearm to, or permit the possession of a firearm by, any minor who has been convicted of a violent felony as defined in Section 76-3-203.5 or any minor who has been adjudicated in juvenile court for an offense which would constitute a violent felony if the minor were an adult.
  2. Any person who violates this section is guilty of:
    1. a class A misdemeanor upon the first offense; and
    2. a third degree felony for each subsequent offense.

Amended by Chapter 303, 2000 General Session

§76-10-509.7 - (2014) Parent or guardian knowing of minor's possession of dangerous weapon

Any parent or guardian of a minor who knows that the minor is in possession of a dangerous weapon in violation of Section 76-10-509 or a firearm in violation of Section 76-10-509.4 and fails to make reasonable efforts to remove the dangerous weapon or firearm from the minor's possession is guilty of a class B misdemeanor.

Enacted by Chapter 10, 1993 Special Session 2; Chapter 428, 2014

§76-10-509.9 - Sales of firearms to juveniles
  1. A person may not sell any firearm to a minor under 18 years of age unless the minor is accompanied by a parent or guardian.
  2. Any person who violates this section is guilty of a third degree felony.

Enacted by Chapter 13, 1993 Special Session 2

§76-10-511 - Possession of loaded firearm at residence or on real property authorized

Except for persons described in Section 76-10-503 and 18 U.S.C. Sec. 922(g) and as otherwise prescribed in this part, a person may have a loaded firearm:

  1. at the person's place of residence, including any temporary residence or camp; or
  2. on the person's real property.

Amended by Chapter 362, 2009 General Session

§76-10-512 - (2014) Target concessions, shooting ranges, competitions, and hunting excepted from prohibitions
  1. The provisions of Section 76-10-509 and Subsection 76-10-509.4(1) regarding possession of handguns by minors do not apply to any of the following:
    1. patrons firing at lawfully operated target concessions at amusement parks, piers, and similar locations provided that the firearms to be used are firmly chained or affixed to the counters;
    2. any person in attendance at a hunter's safety course or a firearms safety course;
    3. any person 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;
    4. any person engaging in an organized competition involving the use of a firearm, or participating in or practicing for such competition;
    5. any minor under 18 years of age 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;
    6. any resident or nonresident hunters with a valid hunting license or other persons who are lawfully engaged in hunting; or
    7. any person traveling to or from any activity described in Subsection (1)(b), (c), (d), (e), or (f) with an unloaded firearm in the person's possession.
  2. It is not a violation of Subsection 76-10-503 (2) or (3) for a restricted person defined in Subsection 76-10-503 (1) to own, possess, or have under the person's custody or control, archery equipment, including crossbows, for the purpose of lawful hunting and lawful target shooting.
  3. Notwithstanding Subsection (2), the possession of archery equipment, including crossbows, by a restricted person defined in Subsection 76-10-503 (1) may be prohibited by:
    1. a court, as a condition of pre-trial release or probation; or
    2. the Board of Pardons and Parole, as a condition of parole.

Amended by Chapter 303, 2000 General Session; Chapter 428, 2014

§76-10-520 - Number or mark assigned to pistol or revolver by Department of Public Safety

The Department of Public Safety upon request may assign a distinguishing number or mark of identification to any pistol or revolver whenever it is without a manufacturer's number, or other mark of identification or whenever the manufacturer's number or other mark of identification or the distinguishing number or mark assigned by the Department of Public Safety has been destroyed or obliterated.

Amended by Chapter 234, 1993 General Session

§76-10-521 - Unlawful marking of pistol or revolver
  1. Any person who places or stamps on any pistol or revolver any number except one assigned to it by the Department of Public Safety is guilty of a class A misdemeanor.
  2. This section does not prohibit restoration by the owner of the name of the maker, model, or of the original manufacturer's number or other mark of identification when the restoration is authorized by the Department of Public Safety, nor prevent any manufacturer from placing in the ordinary course of business the name of the make, model, manufacturer's number, or other mark of identification upon a new pistol or revolver.

Amended by Chapter 234, 1993 General Session

§76-10-522 - Alteration of number or mark on pistol or revolver

Any person who changes, alters, removes, or obliterates the name of the maker, the model, manufacturer's number, or other mark of identification, including any distinguishing number or mark assigned by the Department of Public Safety, on any pistol or revolver, without first having secured written permission from the Department of Public Safety to make the change, alteration, or removal, is guilty of a class A misdemeanor.

Amended by Chapter 234, 1993 General Session

§76-10-523 - (2014) Persons exempt from weapons laws
  1. Except for Sections 76-10-506, 76-10-508, and 76-10-508.1, this part and Title 53, Chapter 5, Part 7, Concealed Firearm Act, do not apply to any of the following:
    1. a United States marshal;
    2. a federal official required to carry a firearm;
    3. a peace officer of this or any other jurisdiction;
    4. a law enforcement official as defined and qualified under Section 53-5-711;
    5. a judge as defined and qualified under Section 53-5-711;
    6. a common carrier while engaged in the regular and ordinary transport of firearms as merchandise.
  2. The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not apply to any person to whom a permit to carry a concealed firearm has been issued:
    1. pursuant to Section 53-5-704; or
    2. by another state or county.
  3. Except for Sections 76-10-503, 76-10-506, 76-10-508, and 76-10-508.1, this part and Title 53, Chapter 5, Part 7, Concealed Firearm Act, do not apply to a nonresident traveling in or though the state, provided that any firearm is:
    1. unloaded; and
    2. securely encased as defined in Section 76-10-501.

Amended by Chapter 362, 2009 General Session; Chapter 248, 2014

§76-10-523.5 - Compliance with rules for secure facilities

Any person, including a person licensed to carry a concealed firearm under Title 53, Chapter 5, Part 7, Concealed Weapons, shall comply with any rule established for secure facilities pursuant to Sections 53B-3-103, 76-8-311.1, 76-8-311.3, and 78A-2-203 and shall be subject to any penalty provided in those sections.

Amended by Chapter 3, 2008 General Session

§76-10-524 - Purchase of firearms pursuant to federal law

This part will allow purchases of firearms and ammunition pursuant to U.S.C. Title 18 Chapter 44 Sec. 922b(3).

Amended by Chapter 360, 2004 General Session

§76-10-525 - (Repealed by Chapter 291, 2013 General Session)

§76-10-526 - (2014) Criminal background check prior to purchase of a firearm -- Fee -- Exemption for concealed firearm permit holders and law enforcement officers
  1. For purposes of this section, "valid permit to carry a concealed firearm" does not include a temporary permit issued under Section 53-5-705.
    1. To establish personal identification and residence in this state for purposes of this part, a dealer shall require an individual receiving a firearm to present one photo identification on a form issued by a governmental agency of the state.
    2. A dealer may not accept a driving privilege card issued under Section 53-3-207 as proof of identification for the purpose of establishing personal identification and residence in this state as required under this Subsection (2).
    1. A criminal history background check is required for the sale of a firearm by a licensed firearm dealer in the state.
    2. Subsection (3)a) does not apply to the sale of a firearm to a Federal Firearms Licensee.
    1. An individual purchasing a firearm from a dealer shall consent in writing to a criminal background check, on a form provided by the bureau.
    2. The form shall contain the following information:
      1. the dealer identification number;
      2. the name and address of the individual receiving the firearm;
      3. the date of birth, height, weight, eye color, and hair color of the individual receiving the firearm; and
      4. the Social Security number or any other identification number of the individual receiving the firearm.
    1. The dealer shall send the information required by Subsection (4) to the bureau immediately upon its receipt by the dealer.
    2. A dealer may not sell or transfer a firearm to an individual until the dealer has provided the bureau with the information in Subsection (4) and has received approval from the bureau under Subsection (7).
  2. The dealer shall make a request for criminal history background information by telephone or other electronic means to the bureau and shall receive approval or denial of the inquiry by telephone or other electronic means.
  3. When the dealer calls for or requests a criminal history background check, the bureau shall:
    1. review the criminal history files, including juvenile court records, to determine if the individual is prohibited from purchasing, possessing, or transferring a firearm by state or federal law;
    2. inform the dealer that:
      1. the records indicate the individual is prohibited; or
      2. the individual is approved for purchasing, possessing, or transferring a firearm;
    3. provide the dealer with a unique transaction number for that inquiry; and
    4. provide a response to the requesting dealer during the call for a criminal background check, or by return call, or other electronic means, without delay, except in case of electronic failure or other circumstances beyond the control of the bureau, the bureau shall advise the dealer of the reason for the delay and give the dealer an estimate of the length of the delay.
    1. The bureau may not maintain any records of the criminal history background check longer than 20 days from the date of the dealer's request, if the bureau determines that the individual receiving the firearm is not prohibited from purchasing, possessing, or transferring the firearm under state or federal law.
    2. However, the bureau shall maintain a log of requests containing the dealer's federal firearms number, the transaction number, and the transaction date for a period of 12 months.
  4. If the criminal history background check discloses information indicating that the individual attempting to purchase the firearm is prohibited from purchasing, possessing, or transferring a firearm, the bureau shall inform the law enforcement agency in the jurisdiction where the individual resides.
  5. If an individual is denied the right to purchase a firearm under this section, the individual may review the individual's criminal history information and may challenge or amend the information as provided in Section 53-10-108.
  6. The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all records provided by the bureau under this part are in conformance with the requirements of the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
      1. A dealer shall collect a criminal history background check fee of $7.50 for the sale of a firearm under this section.
      2. This fee remains in effect until changed by the bureau through the process under Section 63J-1-504.
      1. The dealer shall forward at one time all fees collected for criminal history background checks performed during the month to the bureau by the last day of the month following the sale of a firearm.
      2. The bureau shall deposit the fees in the General Fund as dedicated credits to cover the cost of administering and conducting the criminal history background check program.
  7. An individual with a concealed firearm permit issued under Title 53, Chapter 5, Part 7, Concealed Firearm Act, is exempt from the background check and corresponding fee required in this section for the purchase of a firearm if:
    1. the individual presents the individual's concealed firearm permit to the dealer prior to purchase of the firearm; and
    2. the dealer verifies with the bureau that the individual's concealed firearm permit is valid.
  8. A law enforcement officer, as defined in Section 53-13-103, is exempt from the background check fee required in this section for the purchase of a personal firearm to be carried while off-duty if the law enforcement officer verifies current employment by providing a letter of good standing from the officer's commanding officer and current law enforcement photo identification. This section may only be used by a law enforcement officer to purchase a personal firearm once in a 24-month period.
    1. A dealer may participate in the redeemable coupon program described in this Subsection (15) and Subsection 53-10-202 (18).
    2. A participating dealer shall:
      1. accept the redeemable coupon only from the individual whose name is on the coupon and it only toward the purchase of a gun safe;
      2. collect the receipts from the purchase of gun safes using the redeemable coupon and send them to the Bureau of Criminal Identification for redemption; and
      3. make the firearm safety brochure described in Subsection 53-10-202 (18) available to customers free of charge.

Amended by Chapter 278, 2013 General Session; Chapter 226, 2014

§76-10-527 - Penalties
  1. A dealer is guilty of a class A misdemeanor who willfully and intentionally:
    1. requests, obtains, or seeks to obtain criminal history background information under false pretenses;
    2. disseminates criminal history background information; or
    3. violates Section 76-10-526.
  2. A person who purchases or transfers a firearm is guilty of a felony of the third degree if the person willfully and intentionally makes a false statement of the information required for a criminal background check in Section 76-10-526.
  3. Except as otherwise provided in Subsection (1), a dealer is guilty of a felony of the third degree if the dealer willfully and intentionally sells or transfers a firearm in violation of this part.
  4. A person is guilty of a felony of the third degree if the person purchases a firearm with the intent to:
    1. resell or otherwise provide a firearm to a person who is ineligible to purchase or receive a firearm from a dealer; or
    2. transport a firearm out of this state to be resold to an ineligible person.

Amended by Chapter 20, 2009 General Session

§76-10-528 - Carrying a dangerous weapon while under influence of alcohol or drugs unlawful
  1. Any person who carries a dangerous weapon while under the influence of alcohol or a controlled substance as defined in Section 58-37-2 is guilty of a class B misdemeanor. Under the influence means the same level of influence or blood or breath alcohol concentration as provided in Subsections 41-6a-502(1)(a) through(c).
  2. It is not a defense to prosecution under this section that the person:
    1. is licensed in the pursuit of wildlife of any kind; or
    2. has a valid permit to carry a concealed firearm.

Amended by Chapter 226, 2008 General Session

§76-10-529 - Possession of dangerous weapons, firearms, or explosives in airport secure areas prohibited -- Penalty
  1. As used in this section:
    1. "Airport authority" has the same meaning as defined in Section 72-10-102.
    2. "Dangerous weapon" is the same as defined in Section 76-10-501.
    3. "Explosive" is the same as defined for "explosive, chemical, or incendiary device" in Section 76-10-306.
    4. "Firearm" is the same as defined in Section 76-10-501.
    1. Within a secure area of an airport established pursuant to this section, a person, including a person licensed to carry a concealed firearm under Title 53, Chapter 5, Part 7, Concealed Weapon Act, is guilty of:
      1. a class A misdemeanor if the person knowingly or intentionally possesses any dangerous weapon or firearm;
      2. an infraction if the person recklessly or with criminal negligence possesses any dangerous weapon or firearm; or
      3. a violation of Section 76-10-306 if the person transports, possesses, distributes, or sells any explosive, chemical, or incendiary device.
    2. Subsection (2)(a) does not apply to:
      1. persons exempted under Section 76-10-523; and
      2. members of the state or federal military forces while engaged in the performance of their official duties.
  2. An airport authority, county, or municipality regulating the airport may:
    1. establish any secure area located beyond the main area where the public generally buys tickets, checks and retrieves luggage; and
    2. use reasonable means, including mechanical, electronic, x-ray, or any other device, to detect dangerous weapons, firearms, or explosives concealed in baggage or upon the person of any individual attempting to enter the secure area.
  3. At least one notice shall be prominently displayed at each entrance to a secure area in which a dangerous weapon, firearm, or explosive is restricted.
  4. Upon the discovery of any dangerous weapon, firearm, or explosive, the airport authority, county, or municipality, the employees, or other personnel administering the secure area may:
    1. require the individual to deliver the item to the air freight office or airline ticket counter;
    2. require the individual to exit the secure area; or
    3. obtain possession or retain custody of the item until it is transferred to law enforcement officers.

Amended by Chapter 169, 2004 General Session

§76-10-530 - Trespass with a firearm in a house of worship or private residence -- Notice -- Penalty
  1. A person, including a person licensed to carry a concealed firearm pursuant to Title 53, Chapter 5, Part 7, Concealed Weapon Act, after notice has been given as provided in Subsection (2) that firearms are prohibited, may not knowingly and intentionally:
    1. transport a firearm into:
      1. a house of worship; or
      2. a private residence; or
    2. while in possession of a firearm, enter or remain in:
      1. a house of worship; or
      2. a private residence.
  2. Notice that firearms are prohibited may be given by:
    1. personal communication to the actor by:
      1. the church or organization operating the house of worship;
      2. the owner, lessee, or person with lawful right of possession of the private residence; or
      3. a person with authority to act for the person or entity in Subsections (2)(a)(i) and (ii);
    2. posting of signs reasonably likely to come to the attention of persons entering the house of worship or private residence;
    3. announcement, by a person with authority to act for the church or organization operating the house of worship, in a regular congregational meeting in the house of worship;
    4. publication in a bulletin, newsletter, worship program, or similar document generally circulated or available to the members of the congregation regularly meeting in the house of worship; or
    5. publication:
      1. in a newspaper of general circulation in the county in which the house of worship is located or the church or organization operating the house of worship has its principal office in this state; and
      2. as required in Section 45-1-101.
  3. A church or organization operating a house of worship and giving notice that firearms are prohibited may:
    1. revoke the notice, with or without supersedure, by giving further notice in any manner provided in Subsection (2); and
    2. provide or allow exceptions to the prohibition as the church or organization considers advisable.
      1. Within 30 days of giving or revoking any notice pursuant to Subsection (2)(c), (d), or (e), a church or organization operating a house of worship shall notify the division on a form and in a manner as the division shall prescribe.
      2. The division shall post on its website a list of the churches and organizations operating houses of worship who have given notice under Subsection (4)(a)(i).
    1. Any notice given pursuant to Subsection (2)(c), (d), or (e) shall remain in effect until revoked or for a period of one year from the date the notice was originally given, whichever occurs first.
  4. Nothing in this section permits an owner who has granted the lawful right of possession to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm in the residence.
  5. A violation of this section is an infraction.

Amended by Chapter 388, 2009 General Session

§76-10-532 - (2015) Removal from National Instant Check System database
  1. A person who is subject to the restrictions in Subsection 76-10-503(1)(b)(v), (vi), or (vii), or 18 U.S.C. 922(d)(4) and (g)(4) based on a commitment, finding, or adjudication that occurred in this state may petition the district court in the county in which the commitment, finding, or adjudication occurred to remove the disability imposed.
  2. The petition shall be filed in the district court in the county where the commitment, finding, or adjudication occurred. The petition shall include:
    1. a listing of facilities, with their addresses, where the petitioner has ever received mental health treatment;
    2. a release signed by the petitioner to allow the prosecutor or county attorney to obtain the petitioner's mental health records;
    3. a verified report of a mental health evaluation conducted by a licensed psychiatrist occurring within 30 days prior to the filing of the petition, which shall include a statement regarding:
      1. the nature of the commitment, finding, or adjudication that resulted in the restriction on the petitioner's ability to purchase or possess a dangerous weapon;
      2. the petitioner's previous and current mental health treatment;
      3. the petitioner's previous violent behavior, if any;
      4. the petitioner's current mental health medications and medication management;
      5. the length of time the petitioner has been stable;
      6. external factors that may influence the petitioner's stability;
      7. the ability of the petitioner to maintain stability with or without medication; and
      8. whether the petitioner is dangerous to public safety; and
    4. a copy of the petitioner's state and federal criminal history record.
  3. The petitioner shall serve the petition on the prosecuting entity that prosecuted the case or, if the disability is not based on a criminal case, on the county or district attorney's office having jurisdiction where the petition was filed and the individual who filed the original action which resulted in the disability.
  4. The court shall schedule a hearing as soon as practicable. The petitioner may present evidence and subpoena witnesses to appear at the hearing. The prosecuting, county attorney, or the individual who filed the original action which resulted in the disability may object to the petition and present evidence in support of the objection.
  5. The court shall consider the following evidence:
    1. the facts and circumstances that resulted in the commitment, finding, or adjudication;
    2. the person's mental health and criminal history records; and
    3. the person's reputation, including the testimony of character witnesses.
  6. The court shall grant the relief if the court finds by clear and convincing evidence that:
    1. the person is not a danger to the person or to others;
    2. the person is not likely to act in a manner dangerous to public safety; and
    3. the requested relief would not be contrary to the public interest.
  7. The court shall issue an order with its findings and send a copy to the bureau.
  8. The bureau, upon receipt of a court order removing a person's disability under Subsection 76-10-503(1)(b)(vii), shall send a copy of the court order to the National Instant Check System requesting removal of the person's name from the database. In addition, if the person is listed in a state database utilized by the bureau to determine eligibility for the purchase or possession of a firearm or to obtain a concealed firearm permit, the bureau shall remove the petitioner's name or send a copy of the court's order to the agency responsible for the database for removal of the petitioner's name.
  9. If the court denies the petition, the petitioner may not petition again for relief until at least two years after the date of the court's final order.
  10. The petitioner may appeal a denial of the requested relief. The review on appeal shall be de novo.

Enacted by Chapter 424, 2013; Amended Ch. 037, 2015

TITLE 78B - JUDICIAL CODE

CHAPTER 3 - Actions And Venue

§78B-3-110 - Defense to civil action for damages resulting from commission of crime
  1. A person may not recover from the victim of a crime for personal injury or property damage if:
    1. the person entered the property of the victim or the victim's family with criminal intent and the injury or damage was inflicted by the victim or occurred while the person was on the victim's property; or
    2. the person committed a crime against the victim or the victim's family, during which the damage or injury occurred.
  2. The provisions of Subsection (1) do not apply if the person can prove by clear and convincing evidence that the person's actions did not constitute a crime.
  3. Subsection (1) applies to any next-of-kin, heirs, or personal representatives of the person if the person acquires a disability or is killed.
  4. Subsections (1) and (2) do not apply if the person committing or attempting to commit the crime has clearly retreated from the criminal activity.
  5. "Clearly retreated" means that the person committing the criminal act has fully, clearly, and immediately ceased all hostile, threatening, violent, or criminal behavior or activity.

Amended by Chapter 36, 2012 General Session

UTAH ADMINISTRATIVE CODE

TITLE R722 - Public Safety, Criminal Investigations And Technical Services, Criminal Identification

R722-300-1 - Purpose

The purpose of this rule is to establish procedures whereby the bureau administers the Concealed Firearms Act in accordance with Title 53, Chapter 5, Part 7.

R722-300-2 - Authority

This rule is authorized by Section 53-5-704(17) which provides that the commissioner may make rules necessary to administer Title 53, Chapter 5.

R722-300-3 - Definitions
  1. Terms used in this rule are defined in Sections 53-5-702, 53-5-711, 76-10-501.
  2. In addition:
    1. "applicant" means an individual seeking to obtain or renew a permit, a temporary permit, an instructor certification, or a LEOJ permit from the bureau;
    2. "certified firearms instructor" means an individual certified by the bureau pursuant to Section 53-5-704(9) who can certify that an applicant meets the general firearm familiarity requirement under Section 53-5- 704(8);
    3. "certified firearms instructor official seal" means a red, self-inking stamp containing the information required in Subsection 53-5-704(11)(a)(iii) which meets the design requirements described on the bureau's website;
    4. "crime of violence" means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States which has, as an element, the use, threatened use, or attempted use of physical force or a dangerous weapon;
    5. "felony" means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States for which the penalty is a term of imprisonment in excess of one year;
    6. "FBI" means the Federal Bureau of Investigation;
    7. "instructor certification" means a concealed firearm instructor certification issued by the bureau pursuant to Section 53-5-704(9);
    8. "LEOJ permit" means a permit to carry a concealed firearm issued to a judge or law enforcement official by the bureau pursuant to 53-5-711;
    9. "nonresident" means a person who:
      1. does not live in the state of Utah; or
      2. has established a domicile outside Utah, as that term is defined in Section 41-1a-202.
    10. "NRA" means the National Rifle Association;
    11. "offense involving domestic violence" means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States involving any of the conduct described in:
      1. Section 77-36-1; or
      2. 18 U.S.C Section 921(a)(33);
    12. "offense involving moral turpitude" means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States involving conduct which:
      1. is done knowingly contrary to justice, honesty, or good morals;
      2. has an element of falsification or fraud; or
      3. contains an element of harm or injury directed to another person or another's property;
    13. "offense involving the use of alcohol" means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States involving any of the conduct described in:
      1. Section 32A-12-209;
      2. Section 32A-12-220;
      3. Section 41-6a-501(2) related to the use of alcohol;
      4. Section 41-6a-526; or
      5. Section 76-10-528 related to carrying a dangerous weapon while under the influence of alcohol;
    14. "offense involving the unlawful use of narcotics or controlled substances" means:
      1. any offense listed in Section 41-6a-501(2) involving the use of a controlled substance;
      2. any offense involving the use or possession of any controlled substance found in Title 58, Chapters 37, 37a, or 37b; or
      3. the crime of carrying a dangerous weapon while under the influence of a controlled substance pursuant to Section 76-10-528;
    15. "past pattern of behavior involving unlawful violence" means verifiable incidents, regardless of whether there has been 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, including an attempt or threat to commit suicide.
    16. "permit" means a permit to carry a concealed firearm issued by the bureau pursuant to Section 53-5-704;
    17. "POST" means the Utah Department of Public Safety, Division of Peace Officer Standards and Training;
    18. "revocation" means the permanent deprivation of a permit, instructor certification, or certificate of qualification. Revocation of a permit, instructor certification, or certificate of qualification does not preclude an individual from applying for a new permit, instructor certification, or certificate of qualification if the reason for revocation no longer exists;
    19. "suspension" means the temporary deprivation, for a specified period of time, of a permit, instructor certification, or certificate of qualification; and
    20. "temporary permit" means a temporary permit to carry a concealed firearm issued by the bureau pursuant to Section 53-5-705.
R722-300-4 - Application for a Permit to Carry a Concealed Firearm
    1. An applicant seeking to obtain a permit must submit a completed permit application packet to the bureau.
    2. The permit application packet shall include:
      1. a written application form provided by the bureau which shall include the address of the applicant's permanent residence;
      2. a photocopy of a state-issued driver license or identification card;
      3. one recent color photograph of passport quality which contains the applicant's name written on the back of the photograph;
      4. one completed FBI applicant fingerprint card (Form FD-258) with the applicant's legible fingerprints;
      5. a non-refundable processing fee in the form of cash, check, money order, or credit card, which consists of the fee established by Section 53-5-704 and 53-5-707, along with the FBI fingerprint processing fee;
      6. evidence indicating that the applicant has general familiarity with the types of firearms to be concealed as required by Subsection 53-5-704(6)(d);
      7. any mitigating information that the applicant wishes the bureau to consider when determining whether the applicant meets the qualifications set forth in Subsection 53-5-704(2)(a); and
      8. if the applicant is a nonresident who resides in a state that recognizes the validity of the Utah permit or has reciprocity with Utah's concealed firearm permit law, a copy of the applicant's current concealed firearm permit or concealed weapon permit issued by the applicant's state of residency.
  1. An applicant may establish evidence of general familiarity with the types of firearms to be concealed as required in Subsection 53-5-704(6)(d) by submitting a signed certificate, issued within one year of the date of the application, bearing a certified firearms instructor's official seal, certifying that the applicant has completed the required firearms course of instruction established by the bureau.
  2. If the applicant is employed as a law enforcement officer, the applicant:
    1. shall not be required to pay the application fee; and
    2. may establish evidence of general familiarity with the types of firearms to be concealed as required in Subsection 53-5-704(6)(d) by submitting documentation from a law enforcement agency located within the state of Utah indicating that the applicant has successfully completed the firearm qualification requirements of that agency within the last five years.
    1. Upon receipt of a complete permit application packet, the bureau shall conduct a thorough background investigation to determine if the applicant meets the requirements found in Subsections 53-5-704(2) and (3).
    2. The background investigation shall consist of the following:
      1. sending the fingerprint card to the FBI for a review of the applicant's criminal history record pursuant to Section 53-5-706; and
      2. verifying the accuracy of the information provided in the application packet through a search of local, state and national records which may include, but is not limited to, the following:
        1. the Utah Computerized Criminal History database;
        2. the National Crime Information Center database;
        3. the Utah Law Enforcement Information Network;
        4. state driver license records;
        5. the Utah Statewide Warrants System;
        6. juvenile court criminal history files;
        7. expungement records maintained by the bureau;
        8. the National Instant Background Check System;
        9. the Utah Gun Check Inquiry Database;
        10. Immigration and Customs Enforcement records; and
        11. Utah Department of Corrections Offender Tracking System; and
        12. the Mental Gun Restrict Database.
    1. If the background check indicates that an applicant does not meet the qualifications set forth in Subsection 53-5-704(2)(a), the bureau shall consider any mitigating circumstances submitted by the applicant.
    2. If the applicant does not meet the qualifications set forth in Subsection 53-5-704(2)(a) because the applicant has been convicted of a crime, the bureau may find that mitigating circumstances exist if the applicant was not convicted of a registerable sex offense, as defined in Subsection 77-27-21.5(1)(n), and the following time periods have elapsed from the date the applicant was convicted or released from incarceration, parole, or probation, whichever occurred last:
      1. five years in the case of a class A misdemeanor;
      2. four years in the case of a class B misdemeanor; or
      3. three years in the case of any other misdemeanor or infraction.
    3. Notwithstanding any other provision, the bureau may not grant a permit if the applicant does not meet the qualifications in Subsection 53-5-704(2)(a)(viii).
    1. If the bureau determines that the applicant meets the requirements found in Subsection 53-5- 704(2) and (3), the bureau shall issue a permit to the applicant within 60 days.
    2. The permit shall be mailed to the applicant at the address listed on the application.
    1. If the bureau determines that the applicant does not meet the requirements found in Subsection 53-5-704(2) and (3), the bureau shall mail a letter of denial to the applicant, return receipt requested.
    2. The denial letter shall state the reasons for denial and indicate that the applicant has a right to request a review hearing before the board by filing a petition for review within 60 days as provided in Section 53-5- 704(16).
R722-300-5 - Application for a Concealed Firearms Instructor Certification
    1. An applicant seeking to be certified as a Utah concealed firearms instructor must submit a completed instructor certification application packet to the bureau.
    2. The instructor certification application packet shall include:
      1. a written instructor certification application form provided by the bureau;
      2. a photocopy of a state-issued driver license or identification card;
      3. one recent color photograph of passport quality which contains the applicant's name written on the back of the photograph;
      4. a non-refundable processing fee in the form of cash, check, money order, or credit card;
      5. evidence that the applicant has completed a firearm instructor training course from the NRA or POST, or received training equivalent to one of these courses, as required by Subsection 53-5-704(9)(a)(iii); and
      6. evidence that the applicant has completed the course of instruction provided under the direction of the bureau and passed the certification test provided in Subsection 53-5-704(9)(c), within one year of the date of the application.
    1. An applicant who has not completed a firearm instructor training course from the NRA or POST, may meet the requirement in R722-300-5(1)(b)(v) by providing evidence that the applicant has completed a firearm instructor training course that is at least eight (8) hours long and includes the following training components:
      1. instruction and demonstration on:
        1. the safe, effective, and proficient use and handling of firearms;
        2. firearm draw strokes;
        3. the safe loading, unloading and storage of firearms;
        4. the parts and operation of a handgun;
        5. firearm ammunition and ammunition malfunctions, including misfires, hang fires, squib loads, and defensive/protection ammunition vs. practice ammunition;
        6. firearm malfunctions, including failure to fire, failure to eject, feed way stoppage and failure to go into battery;
        7. shooting fundamentals, including shooter's stance, etc.; and
        8. firearm range safety rules; and
      2. a practical exercise with a proficiency qualification course consisting of not less than 30 rounds and a required score of 80% or greater to pass.
    2. The evidence required in R722-300-5(2)(a) shall include a copy of the:
      1. course completion certificate showing the date the course was completed and the number of training hours completed; and
      2. training curriculum for the course completed.
    1. If the bureau determines that an applicant meets the requirements found in Subsection 53-5- 704(9), the bureau shall issue an instructor certification to the applicant.
    2. An instructor certification identification card shall be mailed to the applicant at the address listed on the application.
    1. If the bureau determines that the applicant does not meet the requirements found in Subsection 53-5-704(9), the bureau shall mail a denial letter to the applicant, return receipt requested.
    2. The denial letter shall state the reasons for denial and indicate that the applicant has a right to request a review hearing before the board by filing a petition for review within 60 days as provided in Section 53-5- 704(16).
R722-300-6 - Renewal of a Concealed Firearms Permit or Concealed Firearms Instructor Certification
    1. An applicant seeking to renew a permit or an instructor certification must submit a completed renewal packet to the bureau.
    2. The renewal packet shall include:
      1. a written renewal form provided by the bureau which shall include the current address of the applicant's permanent residence;
      2. one recent color photograph of passport quality which contains the applicant's name written on the back of the photograph; and
      3. a non-refundable processing fee in the form of cash, check, money order, or credit card.
  1. In addition to the items listed in Subsection (1)(b), an instructor seeking to renew an instructor certification must submit evidence that the instructor has completed the course of instruction provided under the direction of the bureau and passed the certification test provided in Subsection 53-5-704(9)(c), within one year of the date of the application.
  2. A renewal packet may be submitted no earlier than 60 days prior to the expiration of a current permit or certification.
  3. A fee will be collected for renewal packets submitted on a permit or an instructor certification that has been expired for more than thirty days but less than one year.
    1. Renewal packets for a permit or an instructor certification which has been expired for more than one year will not be accepted and the applicant will have to re-apply for a permit or an instructor certification.
  4. When renewing a permit or an instructor certification the bureau shall conduct a background investigation.
    1. If the bureau determines that the applicant meets the requirements to renew a permit or an instructor certification, the bureau shall mail the renewed permit or instructor certification identification card to the applicant.
    2. The renewed permit or instructor certification identification card shall be mailed to the applicant at the address listed on the renewal application.
    1. If the bureau determines that the applicant does not meet the requirements to renew a permit or an instructor certification, the bureau shall mail a denial letter to the applicant, return receipt requested.
    2. The denial letter shall state the reasons for denial and indicate that the applicant has a right to request a review hearing before the board by filing a petition for review within 60 days as provided in Section 53-5- 704(16).
R722-300-7 - Application for a Temporary Permit to Carry a Concealed Firearm
    1. In order to obtain a temporary permit an applicant must submit a completed permit application packet to the bureau as provided by R722-300-4.
    2. In addition, the applicant must provide written documentation to establish extenuating circumstances which would justify the need for a temporary permit to carry a concealed firearm.
  1. When reviewing an application for a temporary permit to carry a concealed firearm the bureau shall conduct the same background investigation as provided in R722-300-4.
    1. If the bureau finds that extenuating circumstances exist to justify the need for a temporary permit, the bureau shall issue a temporary permit to the applicant.
    2. The temporary permit shall be mailed to the applicant at the address listed on the application.
  2. If the bureau finds that the applicant is otherwise eligible to receive a permit under Section 53-5-704, the bureau shall request that the applicant surrender the temporary permit prior to the issuance of the permit under Section 53-5-704.
R722-300-8 - Application for a LEOJ Permit
    1. In order to obtain a LEOJ permit under Section 53-5-711, an applicant must submit a completed permit application packet to the bureau as provided by R722-300-4.
    2. In addition, the applicant must provide written documentation to establish to the satisfaction of the bureau that:
      1. the applicant is a law enforcement official or judge as defined in Section 53-5-711; and
      2. that the applicant has completed the course of training required by Subsection 53-5- 711(2)(b).
  1. When reviewing an application for a LEOJ permit the bureau shall conduct the same background investigation as if the individual were seeking a permit.
    1. If the bureau finds that the applicant meets the requirements found in Subsection 53-5-711(2), the bureau shall issue a LEOJ permit to the applicant.
    2. The LEOJ permit shall be mailed to the applicant at the address listed on the application.
    1. If the bureau finds that the applicant does not meet the requirements found in Subsection 53- 5-711(2), the bureau shall mail a denial letter to the applicant, return receipt requested.
    2. The denial letter shall state the reasons for denial and indicate that the applicant has a right to request a review hearing before the board by filing a petition for review within 60 days as provided in Subsection 53-5- 704(16).
R722-300-9 - Termination of LEOJ Status
  1. When the bureau receives notice that a LEOJ permit holder resigns or is terminated from a position as a law enforcement official or judge, the LEOJ permit will be revoked and the bureau shall issue a permit, pursuant to 53-5-704, if the former LEOJ permit holder otherwise meets the requirements found in that section.
  2. If a former LEOJ permit holder gains new employment as a law enforcement official or judge, the bureau shall re-issue a LEOJ permit.
R722-300-10 - Suspension or Revocation of a Permit to Carry a Concealed Firearm, Concealed Firearms Instructor Certification, or a LEOJ Permit
  1. A permit may be suspended or revoked for any of the following reasons:
    1. the bureau determines that the permit holder does not meet the requirements found in Subsection 53-5-704(2);
    2. the bureau determines that the permit holder has committed a violation under Subsection 53-5- 704(3); or
    3. the permit holder knowingly and willfully provided false information on an application for a permit, or a renewal of a permit.
  2. An instructor certification may be suspended or revoked for any of the following reasons:
    1. the bureau determines that the instructor has become ineligible to possess a firearm under Section 76-10-506 or federal law; or
    2. the instructor knowingly and willfully provided false information to the bureau.
  3. A LEOJ permit may be suspended or revoked for any of the following reasons:
    1. the bureau determines that a LEOJ permit holder is no longer employed as a law enforcement official or judge; or
    2. a LEOJ permit holder fails to provide proof of annual requalification by November 30 of each year as required by Section 53-5-711.
    1. If the bureau suspends or revokes a permit, an instructor certification, or a LEOJ permit, the bureau shall mail a notice of agency action to the permit holder, instructor, or LEOJ permit holder, return receipt requested,
    2. The notice of agency action shall state the reasons for suspension or revocation and indicate that the permit holder, instructor, LEOJ permit holder has a right to request a review hearing before the board by filing a petition for review within 60 days as provided in Section 53-5-704(16).
R722-300-11 - Review Hearing Before the Board
    1. Review hearings before the board will be informal and shall be conducted according to the provisions in Section 63G-4-203.
    2. At the hearing, the bureau must establish the allegations contained in the notice of agency action by a preponderance of the evidence.
  1. Upon request, an applicant, permit holder, instructor, or LEOJ permit holder who is seeking review before the board is entitled to review all the materials in the bureau's file upon which the bureau intends to use in the hearing.
  2. In accordance with Section 63G-4-209 the board may enter an order of default against an applicant, permit holder, instructor, or LEOJ permit holder who fails to appear at the hearing.
  3. Within 30 days of the date of the hearing the board shall issue an order which shall:
    1. state the board's decision and the reasons for the board's decision; and
    2. indicate that the applicant, permit holder, instructor, or LEOJ permit holder has a right to appeal the decision of the board by filing a petition for judicial review within 30 days as provided in Section 63G-4- 402.
R722-300-12 - Records Access
  1. Information provided to the bureau by an applicant shall be considered "private" in accordance with Subsection 63G-2-302(2)(d).
  2. Information gathered by the bureau and placed in an applicant's file shall be considered "protected" in accordance with Subsections 63G-2-305(9).
  3. When a permit has been issued to an applicant, the names, address, telephone numbers, dates of birth, and Social Security numbers of the applicant are protected records pursuant to Section 53-5-708.