While the Second Amendment protects the right to bear arms, this right is not completely unlimited. Certain laws may restrict what types of firearms you can own and where you can carry them.
Utah imposes surprisingly few restrictions on firearms. No state laws prohibit the ownership of any specific type of firearms. However, federal law bans certain firearms, including machine guns. While firearms are not heavily restricted in Utah, not everyone may be allowed to own or carry them. People convicted of certain criminal offenses might be prohibited from owning a firearm. On top of that, minors are generally not allowed to own or purchase firearms. If you are in legal trouble because you own a firearm that is banned or you are a person prohibited from having a firearm, talk to our lawyers now. Penalties vary from case to case but may come with serious jail or prison time.
Call our Salt Lake City weapons charges lawyers at Overson Law, PLLC at (801) 758-2287 for a free case review.
Federal Bans on Certain Types of Firearms for Gunowners in Utah
Under federal law, firearms, including sawed-off shotguns, short-barrel rifles, and machine guns, are heavily restricted or outright banned. According to 18 U.S.C. § 921(a)(4), it is illegal for anyone other than a licensed importer, manufacturer, dealer, or collector to transport these specific firearms in interstate or foreign commerce.
Under § 921(b)(4), it is illegal for any licensed importer, manufacturer, dealer, or collector to sell or deliver to anyone a short-barreled shotgun or short-barreled rifle unless specifically authorized by the Attorney General. Under § 922(o)(1), machine guns are banned entirely.
In recent legal news, bump stocks are no longer prohibited. In June of 2024, the Supreme Court of the United States ruled that rifles equipped with bump stocks are not considered machine guns and should not be banned for that reason. A bump stock is a device that converts a semi-automatic firearm into an automatic weapon like a machine gun. According to SCOTUS, these weapons do not meet the definition of a machine gun and are not banned.
Remember, the fact that ownership of certain firearms is not banned does not mean you may carry any firearm wherever you want. Other restrictions prohibit people from bringing firearms to certain locations, like schools. Our Salt Lake City weapons possession attorneys can help you determine if and where you may carry certain firearms.
Restrictions on Firearms for People Convicted of Certain Crimes in Utah
While many firearms in Utah are not expressly prohibited by law, they might not be available to everyone. People convicted of certain criminal offenses may be restricted from owning or carrying nearly any firearm.
Category I Restricted Persons
In Utah, people convicted of certain crimes may not be permitted to own or carry firearms. Exactly how these restrictions affect you and the potential penalties for their violation may depend on which category of restrictions you fall into.
According to Utah Code § 76-10-503(1)(a), a Category I restricted person may include the following people:
- People convicted of a violent felony
- Those on parole or probation for a felony
- People on parole from secure care
- Anyone who, in the last 10 years, was adjudicated as a juvenile for an offense that would be a violent felony if committed by an adult
- Aliens present in the United States illegally, and
- Those on probation for convictions related to certain drug possession offenses.
Category II Restricted Persons
If you have been convicted of a more severe offense, you might instead be considered a Category II restricted person, under § 76-10-503(1)(b).
A person might fall into this category if they were convicted of certain felonies, including those for domestic violence, felonies that are not domestic violence followed by another felony or Class A misdemeanor conviction within 7 years, and people convicted of multiple non-violent felonies from a single criminal episode who are later convicted of another felony, and people convicted of multiple felonies from multiple criminal episodes.
You might also be in this category if you have been convicted of certain drug crimes, been in possession of a dangerous weapon while also in possession of certain controlled substances, been found not guilty for a felony by reason of insanity, or been deemed mentally incompetent to stand trial.
There are numerous ways in which someone might fall into this category, and you should talk to your attorney about it as soon as possible.
Penalties for Owning Restricted Firearms in Utah
Owning firearms in violation of the law is no laughing matter. Below are several common scenarios where owning or possessing a firearm is illegal and the penalties for doing so.
Penalties for Minors
It is illegal in Utah for minors to possess firearms, barring special circumstances. According to Utah Code § 76-10-509.4(3), a first offense for such a violation may be charged as a Class B misdemeanor. All subsequent offenses may be Class A misdemeanors.
A violation is a third-degree felony if the weapon involved is a handgun, short-barreled rifle, short-barreled shotgun, fully automatic weapon, or a machine gun firearm attachment.
Under § 76-10-509.4(4), penalties may not apply if the defendant is younger than 14 and has a parent or guardian’s permission to possess the firearm, is accompanied by the parent or guardian or other responsible adult, and the defendant does not use the weapon to commit a crime.
Under § 76-10-509.4(5), penalties may not apply for defendants older than 14 but younger than 18 if they have a parent or guardian’s permission to possess the firearm and do not use it to commit a crime.
Penalties for Restricted Persons
If you are a Category I or II restricted person, you might face some stiff penalties for having a firearm of almost any kind.
According to § 76-10-503(2), a Category I person in illegal possession of a firearm may be charged with a second-degree felony. They may be charged with a third-degree felony for possession of a dangerous weapon other than a firearm.
Under § 76-10-503(3), a Category II restricted person may be charged with a third-degree felony for possession of a firearm or a Class A misdemeanor for the possession of a dangerous weapon other than a firearm.
Contact Our Utah Weapons Charges Lawyers for Assistance
For a free case review, call our Park City criminal defense lawyers at Overson Law, PLLC at (801) 758-2287.
