Carrying a concealed firearm is a privilege that is provided by the State of Utah. However, if the owner of a firearm is not careful regarding how they carry or transport the firearm, they could be in violation of one or more Utah concealed carry laws. Understanding when concealed carry of a firearm is permitted can help you avoid being arrested for merely trying to transport a firearm. If you or a family member was arrested for violating concealed carry laws in Utah, you should consult with an experienced Utah concealed carry violation charges defense attorney.
At Overson & Bugden, we are dedicated to helping our clients fight for the legal outcome they deserve for their case. Our firm recognizes how a concealed carry violation can impact a person’s life, and we are ready to fight for you. To schedule a free legal consultation to discuss your case, contact Overson & Bugden, at (801) 758-2287. You may also contact our firm online.
Utah Concealed Carry Laws
Utah has strict laws regarding when a person is permitted to carry a concealed firearm. Many restrictions based on concealed carry depend on the circumstances of the case. Even if you own a permit to carry a concealed firearm in Utah, you cannot legally conceal the weapon in a number of scenarios. If you violate Utah’s laws for concealed carry, you could face a misdemeanor or even a felony.
Under Utah Code § 76-10-504, individuals that carry loaded or unloaded firearms that are not “securely encased” within the individual’s property can be guilty of violating Utah’s concealed carry laws. Specifically, if a person carries a firearm on their person or an item on their person, they can be arrested for violating Utah’s concealed carry statute, even if the firearm is unloaded.
Utah defines a securely encased weapon as a weapon that is kept within the following areas:
- The gun owner’s home
- A vehicle owned by the owner of the firearm (need permission to carry a concealed firearm in another person’s vehicle)
- The gun owner’s place of business only if the person in question owns the business (employees of a business cannot conceal a firearm)
While the concealed carrying of a firearm in a vehicle is permitted, there are certain firearms that cannot be concealed within a vehicle. Specifically, loaded rifles, shotguns, and muzzle-loading rifles cannot be concealed in a vehicle. Additionally, a minor under the age of 18 cannot carry a loaded firearm even if it is securely encased within their property.
There are two factors that are analyzed to determine whether a person is carrying a concealed firearm. The first factor is that a person hid the firearm from the eyes of the general public. For example, placing a gun in a book bag before entering a retail store would conceal it from others. The second factor is that the firearm is ready for immediate use. This means that a person either has the gun loaded or has ammunition nearby.
To learn more about the penalties for concealed carry laws in Utah, you should continue reading and speak with an experienced Utah concealed carry defense lawyer.
Criminal Penalties for Carrying a Concealed Firearm in Utah
The criminal penalties for a concealed firearm violation will vary depending on the circumstances of the arrest. Normally, a concealed carry violation will be graded as a misdemeanor. However, as mentioned, it is possible to be charged with a felony for this offense.
If the defendant was arrested and law enforcement discovered the gun was not loaded, this would be considered a Class B misdemeanor. There are three levels of misdemeanors from Class C misdemeanors to Class A misdemeanors. As you might expect, Class B misdemeanors carry moderate penalties in comparison to the other felonies.
If a defendant is convicted of a Class B misdemeanor, the court can sentence the defendant to a maximum of six months in jail and can owe up to $1,000 in criminal fines.
If a defendant was allegedly found illegally in possession of a concealed firearm that was loaded, the grade of the offense could be increased to a Class A misdemeanor. Class A misdemeanors carry a maximum penalty of up to 364 days in jail and possibly $2,500 of criminal fines.
As mentioned, concealed carrying certain firearms like short-barreled shotguns and loaded rifles are not permitted in a vehicle. If law enforcement believes that a person violated this law, they can be the concealed carry violation can be graded as a second degree felony. Second degree felonies carry severe penalties in comparison to misdemeanors. Specifically, a conviction for a second degree felony will carry up to 15 years in prison and a maximum of $10,000 in criminal fines.
When illegally concealed firearms are used to commit crimes, the increased penalties may even result in a person facing first degree felonies. For example, committing a robbery with an illegally concealed sawed-off shotgun can lead to multiple charges for a defendant. Under these circumstances, a defendant could be sentenced to over 20 years in prison or possibly even life in prison if an individual was killed due to their actions.
Our firm understands what is at stake for a concealed carry violation, and we are here to help you explore your legal options.
Consult with Our Skilled Utah Concealed Carry Violation Charges Defense Lawyer
If you or a family member was arrested for a concealed carry violation, contact an experienced Utah concealed carry violation defense lawyer. Criminal defense lawyer Darwin Overson has nearly two decades of legal experience litigating complex defense cases, and he would be honored to work with you. You do not have to fight your case alone, contact Overson & Bugden, at (801) 758-2287.
