UTAH State Firearms Laws
UTAH
(As of October, 1995)
PLEASE NOTE: In addition to state laws, the purchase, sale and
(in certain circumstances) the possession and interstate
transportation of firearms is regulated by the Gun Control Act of
1968 as amended by the Firearms Owners' Protection Act. Also,
cities and localities may have their own firearms ordinances in
addition to federal and state laws. Details may be obtained by
contacting local law enforcement authorities, and by consulting
the State Laws and Published Ordinances--Firearms, available from
the U.S. Government Printing Office, Washington, D.C. 20402.
QUICK REFERENCE CHART
Rifles and
Shotguns Handguns
Permit to Purchase NO NO
Registration of Firearms NO NO
Licensing of Owners NO NO
Permit to Carry NO YES*
*A permit is required to carry a concealed weapon.
STATE CONSTITUTIONAL PROVISION
"The individual right of the people to keep and bear arms for
security and defense of self, family, others, property, or the
State as well as for other lawful purposes shall not be
infringed; but nothing herein shall prevent the legislature from
defining the lawful use of arms." Article 1, Section 6.
POSSESSION
No state permit is required to possess a rifle, shotgun or
handgun.
It is unlawful for a person to own, possess, or have under
his/her control or custody any firearms if they:
a) have been convicted of a crime of violence;*
b) are addicted to a narcotic drug;
c) have been declared mentally incompetent;**
d) are on parole or probation;
e) are under indictment;
f) are an alien who is illegally in the United States;
g) have been discharged from the armed forces under
dishonorable conditions;
h) have renounced citizenship of the United States.
It is unlawful to possess or use a firearm in pursuit of
wildlife while under the Influence of alcohol or illegal drugs.
It is unlawful to possess a firearm with the intent to
assault another person.
It is unlawful for a person under 18 to possess a firearm
unless he has permission from a parent or guardian, or is
accompanied by the parent or guardian. A minor under 14 must be
accompanied by an adult.** (See MISCELLANEOUS for provisions
regarding hunting.)
It is lawful to possess a loaded firearm in oneÕs residence,
temporary residence or camp.***, ****
* A crime of violence has been defined as aggravated murder,
murder, manslaughter, rape, mayhem, kidnapping, robbery,
burglary, housebreaking, extortion, or blackmail accompanied
by threats of violence, assault with a dangerous weapon,
assault with intent to commit any offense punishable by
imprisonment for more than 1 year, arson punishable by
imprisonment for more than 1 year, or attempt to commit any
of these offenses.
** This prohibition does not apply to the use of a firearm:
1) in target concessions at amusement parks; 2) at
commercial trap or skeet fields or shooting ranges during
regular business hours; 3) by any resident ornon-resident
hunter with a valid hunting license.
*** There is no icdication in the statues of whether motor
homes, vans, etc., are treated as homes or vehicles.
**** Rifles, handguns, and shotguns are deemed loaded when
there is an unexpended cartridge, shell, or projectile in
the firing position. Pistols and revolvers shall also be
deemed to be loaded when an unexpended cartridge, shell, or
projectie is in a position whereby the manual operation of
any mechanism once would bcause the unexpended cartridge,
shell, or projectile to be filed. A muzzle loading firearm
is loaded when it is capped or primed and has a powder
charge and a ball or shot in the barrel or cylinders.
PURCHASE
No state permit is required to purchase a rifle, shotgun, or
handgun.
A gun dealer shall not sell or transfer any handgun until an
instant criminal history background check is conducted and
approved by the Department of Public SafetyÕs Law Enforcement and
Technical Services Division, The information required to be
provided includes one photo identification on a form issued by a
governmental agency of the state, documentation of residence
which must show an address identical to that shown on the photo
identification form, date of birth, height, weight, eye color,
hair color, social security or any other identification number of
the person receiving the handgun. A $5.00 fee to cover the costs
of the check will be collected.
CARRYING
It is unlawful to carry a "concealed dangerous weapon"
without a permit.
A firearm that contains no ammunition and is enclosed in a
case, gun box or security tied package is not a concealed weapon.
The Department of Public Safety or its designated agent,
shall issue a permit to carry a concealed firearm for lawful self
defense to an applicant who is 21 years of age or older within 60
days after receiving an application and upon proof that the
person applying is of good character. An applicant
satisfactorily demonstrates good character if he: 1) has not been
convicted of a felony or crime of violence; 2) has not been
convicted of an offense involving the use of alcohol, narcotics
or other controlled substances; 3) has not been convicted of an
offense involving moral turpitude; 4) has not been convicted of
any offense involving domestic violence; and 5) has not be
adjudicated mentally incompetent, unless the adjudication has
been withdrawn or reversed. A permit my also be denied it there
is reasonable cause to believe the applicant has been or is a
danger to self or others as demonstrated by evidence of past
unlawful violence or threats of unlawful violence.
The applicant must provide to the issuing authority letters
of character reference; two recent dated photographs; two sets of
fingerprints; five year employment and residential history; and
evidence of general familiarity with the types of firearms to be
concealed which may include completion of a course of instruction
conducted by any national, state or local firearms training
organization approved by the Department of Public Safety,
certification of general or equivalent experience with a firearm
through participation in an organized shooting competition, law
enforcement, hunter safety, military or civilian firearms
instructor, or military service.
The permit is valid throughout the state, without
restriction, for two years. The licensing is $35.00; the renewal
fee is $5.00.
The denial of a permit shall be in writing and shall include
the general reasons for the action. The applicant may file a
petition for review with a board of review established by the
commissioner of public safety within 60 days of the date the
denial or revocation is received by the applicant.
It is lawful to carry a firearm "capable of being concealed"
in oneÕs home or place of business without a permit.
It is unlawful to carry a loaded firearm on any public
street or in any place where it is unlawful to discharge a
firearm.
It is unlawful to carry a firearm while under the influence
of alcohol or a controlled substance.
Law enforcement officials advise that a permit to carry a
concealed weapon allows for the carrying of a concealed loaded
firearm on any public street in an incorporated city.
The Department of Public Safety or its designated agent may
issue a temporary permit to carry a concealed firearm to a person
who has applied for a regular permit to carry a concealed
firearm, has made application for temporary permit, and
demonstrates good character by the same requirements for a
regular permit to carry a concealed firearm. A temporary permit
may not be issued until preliminary record checks regarding the
applicant have been made to determine any criminal history.
A temporary permit is valid for a maximum of 90 days or any
lesser period specified by the Department of Public Safety, or
until a regular permit is issued to the temporary permit holder,
whichever period is shorter. A decision to deny or revoke a
temporary permit prior to expiration may not be appealed.
CARRYING IN VEHICLES
It is lawful to carry an unloaded firearm unconcealed in a
vehicle without a permit. It is lawful for a person otherwise
entitled to possess a firearm to keep an unloaded and concealed
firearm in a vehicle. Only a peace officer in the performance of
his duty or a person with a valid permit to carry may carry a
loaded firearm in a vehicle.****
It is unlawful to carry a concealed firearm into a bus
terminal. It is unlawful to board a bus with a concealed firearm
upon oneÕs person or effects. This does not apply to law
enforcement officers or commercial security personnel with
firearms used in their employment; persons with permits to carry
concealed weapons; or persons with the consent of the owner of
the bus or his agent, or the lessee or bailee of the bus.
It is lawful to carry a firearm if unloaded and encased in a
case, box, or securely tied package or held securely in a gun
rack or locked in the trunk of an automobile in which the firearm
is being transported.
EXEMPTIONS
The following are exempt from the weapon laws of
1) U. S. Marshals engaged in their official duties;
2) Federal officials required to carry firearms while engaged
in their official duties;
3) Law enforcement officials;
4) Common carriers while engaged in the regular transportation
of firearms as merchandise.
ANTIQUES
Utah statutes are silent on antique and replica firearms.
They are treated as ordinary firearms for possession and carrying
purposes.
MACHINE GUNS
It is lawful to possess, purchase, or sell a machine gun
that is legally registered and possessed in compliance with all
federal laws and regulations.
MISCELLANEOUS
It is unlawful to change, alter, remove or obliterate the
name of the maker, the model, the manufacturerÕs number or any
other identifying mark on any pistol or revolver without first
securing written permission from the bureau of criminal
identification. In the case of an unmarked pistol or revolver,
the bureau may, if requested, assign a distinguishing number or
mark of identification. It is unlawful to stamp any pistol or
revolver with any number or mark except one assigned to it by the
bureau. This does not apply to restoration.
It is unlawful to discharge any kind of firearm from any
vehicle or from, upon or across any public highway, within Utah
State Park buildings, designated camp or picnic sites, overlooks,
golf courses, boat ramps, and developed beaches; or without
written permission to discharge the dangerous weapon from the
owner or person in charge of the property within 600 feet of a
house, dwelling, or any other building; or any structure in which
a domestic animal is kept or fed, including a barn, poultry yard,
corral, feeding pen, or stockyard.
It is unlawful to fire any tracer or incendiary ammunition
in the state of Utah except within the confines of an established
military reservation.
It is unlawful to shoot or shoot at any signs or placards
placed by the wildlife board or road signs on any highway.
It is unlawful to shoot wildlife from airplanes, motor
vehicles, motor boats or snowmobiles. Handicapped hunters may be
authorized to hunt from a vehicle under terms and conditions
specified by the wildlife board.
When prohibited by local ordinance or law, it is a
misdemeanor to make or keep gunpowder, nitroglycerin or other
highly explosive substances within a city or town, or to carry
such substances through the streets.
It is unlawful to deliver to any express or railway company,
common carrier, warehouse, or storehouse any package containing
nitroglycerin, dynamite, gun cotton, or gun powder to be handled,
stored, shipped, or transported without plainly marking the
package with the name and nature of the contents.
It is unlawful for any person in the presence of two or more
persons to exhibit any firearm in an "angry and threatening
manner", unless in necessary self-defense.
It is unlawful to discharge a firearm at or into any bus or
terminal. This does not apply to law enforcement officers or
commercial security personnel who discharge firearms in their
employment.
It is unlawful to set any spring or "trap gun."
It is unlawful to deliver any spring or "trap gun" to any
express or railway company, common carrier, or to any person
without informing them of the nature of the delivery.
Persons under the age of 16 cannot hunt unless
"accompanied," meaning at a distance within which visual and
verbal communication is maintained for the purposes of advising
and assisting: 1) persons under the age of 14, while hunting with
any weapon, must be accompanied by parent or legal guardian, or a
responsible person age 21 or older who is approved by parent or
guardian; 2) persons age 14 and under the age of 16, while
hunting big game with any weapon, must be accompanied by parent
or legal guardian, or a responsible person age 21 or older who is
approved by parent or guardian; 3) persons age 14 and under the
age of 16, while hunting wildlife other than big game, must be
accompanied by a personage 21 or older; 4) persons under the age
of 12 are not permitted to hunt for protected wildlife except as
provided by rule of the wildlife board.
All authority to regulate firearms shall be reserved to the
state, except where the state legislature specifically delegates
authority to local authorities.
A minor under 18 years of age may not possess a dangerous
weapon unless he is accompanied by a parent or guardian or has
their permission to have the weapon. A minor under 14 years of
age must be accompanied by a parent.
It is unlawful for a minor under 18 to possess a handgun
unless the minor: a) is a patron of a lawfully operated target
concession at an amusement center and the firearms used are
chained or affixed to the counters, b) is in attendance at a
hunter's safety course. c) is engaged in practice at a range or
other area where discharge of a firearm is not prohibited by law.
d) is engaged in organized competition. e) is on real property
with the permission of the owner, licensee, or lessee of the
property and has permission of a parent or guardian or the owner
to possess a firearm. f) is hunting lawfully. g) is traveling
to or from any activity listed above.
SOURCES: Utah Code Sec. 23-20-11 et seq., 24-2-17, 76-10-301,
76-10-501 et seq.
CAUTION: State firearms laws are subject to frequent change.
The above summary is not to be considered as legal advice or
a restatement of law. To determine the applicability of
these laws to specific situations which you may encounter,
you are strongly urged to consult a local attorney.
Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia 22030
1995, NRA Institute for Legislative Action