In the State of Utah, gun ownership is a privilege that could be revoked if a defendant is convicted of certain criminal offenses. To attempt to restore their gun ownership privileges, many people file for 402 reductions for prior criminal convictions. However, 402 reductions are not handed out automatically by the state; instead, a petitioner must satisfy a variety of requirements to be awarded a 402 reduction. If you need legal assistance to file for a 402 reduction, you should consult with an experienced Utah attorney for 402 reductions for gun ownership.
At Overson & Bugden, we are dedicated to providing our clients with aggressive and unique legal representation in order to pursue a desirable outcome to their case. Our firm understands the many ways a criminal conviction can impact a person’s life, and we are here for you. To schedule a free legal consultation to discuss your case, contact Overson & Bugden, at (801) 758-2287. You may also contact the firm online using our short submission form.
How 402 Reductions Work in Utah
A 402 reduction, also referred to as a 402 motion, is a legal process that allows a person to lower the degree of a previous conviction. For example, if a person was convicted of a third degree felony, a 402 reduction can decrease the grade of the offense to a Class A misdemeanor. A 402 reduction can be a foundation for having a previous offense completely expunged from a criminal record.
As mentioned, in order to receive a 402 reduction, a person must satisfy a number of requirements. Specifically, a previously convicted individual must show:
- A completion of probation and compliance with all stipulations of probation
- Pay off all criminal fines and court-ordered restitution
- Make a case that it is in the “interest of justice” for the court to reduce the grade of the conviction
- The petitioner has not previously received a reduction in the grade of their offense through a plea in abeyance (pleading no contest or guilty and completing prosecutor’s requirements)
It is important to note that if you wish to file a 402 motion to decrease the degree of a sex crime that required sex offender registration, the period of registration must have expired before you file the motion. No additional steps are needed for sex crimes that did not require sex offender registration.
While most 402 reductions only decrease the grade of the offense by one level, a person’s conviction can be decreased by two grades under certain circumstances. Specifically, a prosecutor has the discretion to lower the grade of the offense by two levels if a person satisfies all 402 reduction requirements. For example, a third degree felony can be lowered to a Class B misdemeanor.
To learn more about how a 402 reduction can reinstate your gun ownership privileges, continue reading and speak with an experienced Utah attorney for 402 reductions for gun ownership.
Benefits of Criminal Offense Reduction for Gun Ownership in Utah
A 402 motion can help a person in a variety of ways. For example, it may be easier to locate housing or employment if a third degree felony was lowered to a misdemeanor. For former owners of firearms, the 402 reduction represents an opportunity to restore their gun ownership rights.
In Utah, a defendant can be stripped of their right to bear arms if they commit a particular criminal offense. These offenses are typically divided into two types: Category I offenses and Category II offenses.
Gun ownership privileges can be revoked for the following Category I offenses:
- Violent felonies like aggravated assault, rape, aggravated robbery, rape
- Being on probation or parole for a felony offense whether it is violent or not
- A person on parole from a detention center
- Delinquency for an offense that would have been a felony as an adult
- Illegal aliens or residents
Category II offenses that can prevent a person from owning a gun include:
- A conviction for a felony
- A defendant convicted of a violent felony as a minor within the past seven years
- The use of illegal drugs (e.g., heroin, cocaine)
- The person in question was previously admitted to a mental institution
- Dishonorable discharge from the military
If an individual committed any of the above offenses, they would be unable to legally purchase or own a gun in the State of Utah. Violation of this restriction can lead to a second degree felony or a third degree felony.
A 402 reduction is useful as it can turn a felony conviction into a misdemeanor. As a result, a person will be able to regain their gun ownership privileges. Further, if the individual is able to complete a record expungement, this can lead to many other opportunities.
Our firm can help you evaluate your options for filing a 402 reduction. We understand the substantial impact a conviction reduction can have on a person’s life, and we are ready to help you.
Work with Our Experienced Utah Lawyer for 402 Reductions for Gun Ownership
If you or a family member require legal assistance to petition for a 402 motion, contact an experienced Utah lawyer for 402 reductions for gun ownership. Criminal defense lawyer Darwin Overson possesses nearly 20 years of legal experience, and he is prepared to use this knowledge to fight for you. To schedule a free case evaluation to discuss your legal options for a 402 reduction, contact Overson & Bugden, at (801) 758-2287.
