Know the Laws: Utah
UPDATED August 21, 2009
WomensLaw.org strongly recommends that you get in touch with a domestic violence advocate in your community for more information on gun laws in your area. Go to the UT Where to Find Help page to find help.
- Basic Info
- Guns and Protective Orders
- Guns and Criminal Convictions
- More Information and Where to Get Help
Basic Info
back to topI am a victim of domestic violence and my abuser has a gun. Do I have legal options for getting the gun away from my abuser?
Yes. Both Federal and Utah state law prohibit certain persons from having and buying guns, and both Federal and UT state law can be enforced in Utah. We discuss both on this page.
If you have a Protective Order against your abuser, or if your abuser has been convicted of a felony or domestic violence misdemeanor, then Federal law states that it is illegal for your abuser to buy, own or have a gun in their possession.
In addition, UT state law says that a person cannot have a dangerous weapon* if s/he has been convicted of a violent felony, has been deemed mentally incompetent by a court, or is an illegal alien. ** Also, a person cannot be issued a concealed firearm permit if s/he has been convicted of a felony, a crime of violence, or a domestic violence offense. ***
Note: There are certain requirements that your Protective Order must meet for it to qualify under Federal law. See the next question to read more about what those requirements are.
Also, please note that in UT, the police may not actually take the gun away after the protective order hearing unless your abuser commits another crime or violates the order.
If you are not sure if your abuser has been convicted of a domestic violence misdemeanor, see What crimes are considered domestic violence misdemeanors?
To read the definition of a felony, see What is the definition of a felony?
* 18 USC Sec. 922(g)(8); 18 USC Sec. 922(g)(9)
** Utah Code §76-10-503)
*** Utah Code §53-5-704(2)(a)