In Utah, Know the Law If You Own a Gun
Utah law recognizes an individual's constitutionally protected right to keep and bear arms. Of course, there are limits to a gun owner's rights. He or she must still handle the firearm in a lawful manner that does not constitute criminal behavior.
April 12, 2009 /24-7PressRelease/ -- In Utah, Know the Law If You Own a Gun
Article provided by Greg Smith and Steven Russell, Criminal Law Attorneys
Visit us at www.bestutahlawyer.com
Utah law recognizes an individual's constitutionally protected right to keep and bear arms. Except as specifically provided by Utah law, United States citizens and legal aliens shall not be "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 "required to have a permit or license to purchase, own, possess, transport, or keep a firearm." U.C.A. § 76-10-500.
Of course, there are limits to a gun owner's rights. He or she must still handle the firearm in a lawful manner that does not constitute criminal behavior. Everyone knows about gun crimes like assault with a deadly weapon or brandishing a firearm. In Utah, however, gun law prohibits many actions that are not so commonly known. Care must be taken to understand lesser known gun crimes to avoid potentially severe criminal penalties.
Who Can Buy or Possess a Firearm?
Generally, Utah citizens who have never been convicted of felonies and who are over the age of 18 can buy, transfer and possess firearms. In addition, minors can possess dangerous weapons if certain conditions are met. See U.C.A. § 76-10-509.
It is a second degree felony (punishable by a term of imprisonment of not less than one year or more than 15 years) for a person to intentionally or knowingly purchase, transfer, possess, use or have under his or her custody or control any firearm if he or she:
• Has been convicted of a violent felony
• Is on probation or parole for a felony
• Is on parole for a juvenile offense or has been adjudicated delinquent for a crime which would have been classified as a felony if committed by an adult in the past 10 years
U.C.A. § 76-10-503.
It is a third degree felony (punishable by a term of imprisonment not to exceed five years) for a person to purchase, transfer, possess, use, or have under his or her custody or control any firearm if he or she:
• Has been convicted or is under indictment for a felony
• Has been found not guilty by reason of insanity for a felony
• Has been found mentally incompetent to stand trial for a felony
• Is an alien who is illegally in the US
• Has been dishonorably discharged from the armed forces
• Has been adjudicated delinquent for a crime which would have been classified as a felony if committed by an adult within the last seven years
• Is an unlawful user of a controlled substance as defined by Utah law
• Is in possession of a dangerous weapon, and also knowingly and intentionally in unlawful possession of an illegal drug
• Has been adjudicated as mentally defective as provided in the Brady Handgun Violence Prevention Act or has been committed to a mental institution
• Has renounced his or her citizenship after having been a US citizen
U.C.A. § 76-10-503.
What Are the Penalties for Carrying a Concealed Weapon?
Several provisions deal with crimes for carrying concealed weapons. The penalties for conviction of these crimes are severe:
• Up to six months in prison for carrying a concealed dangerous weapon in a place other than at his or her residence, property or business under his or her control (U.C.A. § 76-10-504(1)(a))
• Up to six months in prison for carrying an unloaded concealed firearm without a valid permit (U.C.A. § 76-10-504(1)(b))
• Up to one year in prison for carrying a loaded concealed firearm without a valid permit (U.C.A. § 76-10-504(1)(b))
• Not less than one year or more than 15 years in prison for carrying a concealed sawed-off shotgun or sawed-off rifle (U.C.A. § 76-10-504(2))
What Are the Laws About Discharging a Firearm?
Utah law restricts the places where a person can discharge a firearm or other dangerous weapon. A person convicted of discharging a firearm or other dangerous weapon from a vehicle; from, upon or across a highway; at road signs; at public utilities and communication facilities, lines, poles or transmission devices; at railroad equipment, signs and signals; or at Utah State Park buildings, camp sites, golf courses, boat ramps, overlooks and developed beaches faces up to six months in prison. U.C.A. § 76-10-508.
In addition, a conviction for discharging a firearm or other dangerous weapon within 600 feet of a house or other building or any structure in which domestic animals are kept or fed, such as a barn, poultry yard, corral or stockyard, without written permission to do so from an owner or person in charge of the property is punishable by up to six months in prison. U.C.A. § 76-10-508.
In some circumstances, discharging a firearm, when it does not amount to criminal homicide, is considered a felony under Utah law:
• Discharging a firearm in the direction of any person knowing or having reason to believe that a person may be endangered
• Discharging a firearm in the direction of any person or habitable structure with intent to intimidate or harass a person, or intent to damage a structure
• Discharging a firearm in the direction of any vehicle with intent to intimidate or harass
The specific degree of felony and possible penalties depend on whether anyone is injured. However, the minimum sentence for a conviction under this statute is at least three years in prison. U.C.A. § 76-10-508.1.
Gun offenses, even those less well known, can be serious crimes in Utah. It is important to speak to an experienced criminal defense attorney if you have been accused of a weapons violation.
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