Committing a crime can have long-lasting consequences that might surprise you down the road. It is important to understand all of these potential consequences when facing charges or considering a plea agreement. One such consequence that is important to so many people is their right to own a gun, which might be taken away entirely after some crimes.
In Utah, it is illegal to be a “restricted person” in possession of a gun. Even though Utah has quite relaxed gun laws that allow most people over 21 and many people over 18 to own a gun, there is a strict ban on felons owning guns. This is an independent crime that can come with its own new penalties.
Call Overson Law today at (801) 758-2287 for a free case evaluation with our Salt Lake City gun possession lawyers.
Category I and II “Restricted Persons” in Utah Gun Possession Laws
The way that Utah set up its gun possession laws is to create two categories of “restricted persons” who cannot own a gun. Depending on which category you are in, the penalties will be different if you are caught with a gun, but the rule is the same: if you’re a restricted person, you cannot have, buy, sell, or transfer a gun.
If you are in one of these categories – or you suspect you fit into one of these categories – you should speak with our Utah gun possession lawyers to make sure you understand your legal rights to own a firearm before taking any steps that might violate these restricted person rules.
Category I
First, a Category I restricted person is anyone convicted of a “violent felony.” This also includes anyone currently on probation or parole for a felony, regardless of the type of felony.
Second, if you were paroled from “secure care” – i.e., you are on release from a mental institution – the law puts you in the same category as others on felony parole.
Third, minors cannot usually be “convicted” of a felony, but the law treats you the same. If you were adjudicated delinquent in the past 10 years for charges that would have been a violent felony if you’d been an adult at the time, then that counts the same as if you were convicted of a felony.
Fourth, you are a Category I restricted person if you are in this country illegally, barring any undocumented immigrants from having a gun.
Lastly, if you are on probation for a crime that isn’t a felony but involved certain drugs – usually Schedule I or II drugs like heroin or cocaine – then you also cannot own a gun.
Category II
Who qualifies as a Category II restricted person is much broader.
First, people convicted of domestic violence felonies, multiple non-violent felonies, or a mix of felonies and class A misdemeanors are considered Category II restricted persons. This aims to cover people who might not have committed violent acts, as some “domestic violence” crimes involve stalking or harassment rather than acts of violence.
Second, certain repeat offenders are barred. Specifically, if you have a previous conviction for a felony or multiple felonies and later got charged with another felony or class A misdemeanor, you fit this category. Note that this requires only “charges” for another crime, not a subsequent conviction.
The third category sweeps in minors adjudicated delinquent for non-violent felony-level charges in the past 7 years.
Additionally, the law also groups in people who use drugs, have a prior insanity plea, were unfit to stand trial because of mental incapacity, were committed under certain laws, have a dishonorable discharge from the military, renounced their citizenship, are subject to a protective order, or have previous domestic violence assault charges.
Exceptions
There are some exceptions listed in Utah Code § 76-10-503 that pull certain people out of these restricted person categories. For example, felony antitrust violations would not make you a restricted person. Additionally, expungement might clear your name and restore your gun rights, as will the passage of time for certain domestic violence assault charges.
Is It Constitutional for Utah to Bar Felons from Owning Guns After the Supreme Court’s 2nd Amendment Cases?
In recent years, the U.S. Supreme Court has decided cases like NY State Rifle & Pistol Assoc. v. Bruen, which drastically changed the law surrounding when the government can institute restrictions on your right to own a gun. Under this ruling, the government must essentially point to a historical analogue for any gun restrictions to show that the restriction in question is part of the history and tradition of firearm restrictions in the United States. It is likely that stopping violent felons and abusers from owning guns does in fact satisfy this requirement, making these restrictions legal. However, other restrictions are still being tested.
These specific Utah laws might not have gone up to the Supreme Court and been tested yet, but a recent 2024 U.S. Supreme Court case called United States v. Rahimi clarified Bruen and upheld a somewhat similar restriction on gun possession. In that case, the Court upheld a restriction barring domestic abusers from owning guns. In doing so, the Court said that there may not have been restrictions on domestic abusers owning guns back when the U.S. was founded, but you only need a “historical analogue” not a “historical twin” to justify modern rules. As such, there is a history and tradition of taking guns away from dangerous people, so laws like these are allowed.
One other challenge claims that barring drug users from possessing guns is unconstitutional. It makes sense that there is a history and tradition of barring dangerous people from using guns, but what about drug users? As of the writing of this article, federal appeals courts from different circuits have split on this issue. Often, “circuit splits” make their way to the Supreme Court for final resolution.
Likely, Utah’s laws would change to reflect any final court rulings affecting the constitutionality of felon-in-possession laws like these. Until that happens, our lawyers are always able to work constitutional arguments like these into your defense strategy.
Call Our Gun Possession Lawyers in Utah for a Free Case Review
For help with your case, contact Overson Law’s Salt Lake City gun possession lawyers today at (801) 758-2287.
