In these gun laws pages, we refer to both “federal gun laws” and “state gun laws.” The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.

One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself. Throughout this section, we will be referring mostly to state laws. Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well. You will need to read both state and federal laws to see which ones, if any, the abuser might be violating.

If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated (state versus federal) but local police cannot arrest someone for violating federal law, only for violating state/local laws. Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws. If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor. If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state (which is the federal prosecutor). For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun? If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.

Utah state law says that a person cannot have a firearm or other dangerous weapon if s/he:

1. has been convicted of committing or attempting to commit assault or aggravated assault against:
   • someone with whom s/he was involved in a dating relationship within the last five years - however, if this would not disqualify the person from having a firearm if:
     • it has been five years or more since the conviction was entered or since s/he was released from incarceration following the conviction; and
     • the person has a single conviction for misdemeanor assault;
   • a current or former spouse, parent, guardian, someone with whom s/he has a child in common;
   • someone with whom s/he is or was living together (“cohabitating”) as if the person were a spouse, parent, or guardian; 
   • someone who is “similarly situated” to a spouse, parent, or guardian; or
2. has a final protective order or a child protective order against him/her that was issued after a hearing, and the order:
   • includes a term that prohibits harassing, stalking, threatening, or engaging in other conduct that would place an intimate partner or a child of the intimate partner in reasonable fear of bodily injury; and
   • either:
     • includes a finding that the respondent/defendant represents a “credible threat” to the physical safety of an intimate partner or a child of the intimate partner; or
     • specifically prohibits the use, attempted use, or threatened use of physical force that would reasonably be expected to cause bodily harm against an intimate partner or the child of an intimate partner;
3. has been convicted of:
   • a violent felony;
   • a domestic violence offense that is a felony;
   • a felony or multiple felonies that are part of a single criminal episode that are not a domestic violence offenses or a violent felonies and within seven years after completing the sentence for the conviction, has been convicted of or charged with another felony or class A misdemeanor;
   • multiple felonies that are not part of a single criminal episode;
4. has completed a sentence for any of the following within the last seven years:
   • a conviction for a felony that is not a domestic violence offense or a violent felony; or
   • convictions for multiple felonies that are part of a single criminal episode and are not domestic violence offenses or violent felonies; 
5. is on probation or parole for a felony;
6. is on parole from a juvenile secure care facility;
7. within the last ten years has been adjudicated delinquent for an offense, which if committed by an adult would have been a violent felony;
8. is illegally or unlawfully in the United States.
9. is illegally using a controlled substance;
10. is on probation for a conviction of possessing a controlled substance;
11. is in possession of a dangerous weapon and is knowingly and intentionally illegally possessing a controlled substance;
12. has been found “not guilty by reason of insanity” for a felony offense;
13. has been found “mentally incompetent to stand trial” for a felony offense;
14. has been judged “mentally defective” or has been committed to a mental institution;
15. has been dishonorably discharged from the armed forces; or
16. has renounced his/her citizenship after having been a citizen of the United States.¹

In addition, the state can deny, suspend, or revoke a permit to carry a concealed firearm if:

• the person has been convicted of:
  • a felony;
  • a crime of violence;
  • an offense involving the use of alcohol;
  • an offense involving the unlawful use of drugs or other controlled substances;
  • an offense involving moral turpitude, which is an act or behavior that seriously violates the accepted standards of the community, like theft or sex crimes for example;
  • an offense involving domestic violence; or
• has been or is judged by a state or federal court as mentally incompetent;
• is a danger to himself/herself or others, as evidenced by past behavior of violence, threats of violence, or a prior conviction involving weapons; or
• falls under one of the other categories listed above in numbers 1 - 16.²

Also, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances such as when the abuser has been convicted of certain domestic violence-related crimes or if you have a protective order against the abuser that meets certain requirements. Go to Federal Gun Laws to get more information.

¹ UT Code §§ 76-10-503(1)-(3); 76-10-501(6)(a)
² UT Code § 53-5-704(2)(a), (3)(a)

The judge can prohibit the abuser from purchasing, using, or possessing a firearm or other dangerous weapon as part of an ex parte protective order if the judge believes that the abuser’s use or possession of a weapon may pose a serious threat of harm to you.¹ Be sure to explain to the judge in your petition and during the ex parte hearing how the abuser’s possession of a weapon can cause you harm and to specifically request that the judge prohibit the abuser from having firearms as part of your ex parte order.

¹ UT Code § 78B-7-603(2)(d)

Here are a few things that may help:

• If the abuser has a gun, tell the judge how many guns s/he has, and if s/he has ever threatened you with a gun(s);
• Ask the judge to specifically write in your protective order that the abuser cannot own, buy or have a gun while the order is in effect. The form that you will have to fill out to petition for a protective order will have a place where you can request additional protections. You can ask that the abuser’s gun(s) be taken away in that section; and
• Before leaving the courthouse, check to make sure that the gun restriction is written on your order.

It also may be helpful if the judge explains what will happen to the abuser’s guns, who will take them, and where they will be held once you leave the courthouse. If the judge agrees to add language that the abuser cannot keep his/her guns while the protective order is in effect, you may also want to ask that the judge:

• require the abuser to give his/her guns to the police, or require the police to go to the abuser’s house and get them;
• make it clear to both you and the abuser how long the guns will be kept away from the abuser; and
• order that the police notify you when the guns are returned to the abuser.

Convictions for many crimes make it illegal for someone to have a gun. Utah state law says that a person cannot have a firearm or other dangerous weapon if s/he:

1. has been convicted of committing or attempting to commit assault or aggravated assault against:

• someone with whom s/he was involved in a dating relationship within the last five years - however, if this would not disqualify the person from having a firearm if:
  • it has been five years or more since the conviction was entered or since s/he was released from incarceration following the conviction; and
  • the person has a single conviction for misdemeanor assault;
• a current or former spouse, parent, guardian, someone with whom s/he has a child in common;
• someone with whom s/he is or was living together (“cohabitating”) as if the person were a spouse, parent, or guardian; or
• someone who is “similarly situated” to a spouse, parent, or guardian; 

2. has been convicted of:
   • a violent felony;
   • a domestic violence offense that is a felony;
   • a felony or multiple felonies that are part of a single criminal episode that are not a domestic violence offenses or a violent felonies and within seven years after completing the sentence for the conviction, has been convicted of or charged with another felony or class A misdemeanor;
   • multiple felonies that are not part of a single criminal episode;
3. has completed a sentence for any of the following within the last seven years:
   • a conviction for a felony that is not a domestic violence offense or a violent felony; or
   • convictions for multiple felonies that are part of a single criminal episode and are not domestic violence offenses or violent felonies; 
3. is on probation or parole for a felony;
4. is on parole from a juvenile secure care facility;
5. within the last ten years, has been adjudicated delinquent for an offense, which if committed by an adult would have been a violent felony;
6. is on probation for a conviction of possessing a controlled substance;
7. has been found “not guilty by reason of insanity” for a felony offense; or
8. has been found “mentally incompetent to stand trial” for a felony offense.¹

In addition, the state can deny, suspend, or revoke a permit to carry a concealed firearm if the person:

• has been convicted of:
  • a felony;
  • a crime of violence;
  • an offense involving the use of alcohol;
  • an offense involving the unlawful use of drugs or other controlled substances;
  • an offense involving moral turpitude, which is an act or behavior that gravely violates the sentiment or accepted standard of the community;
  • an offense involving domestic violence;
  • an offense involving domestic violence; 
• is a danger to himself/herself or others, as evidenced by past behavior of violence, threats of violence, or a prior conviction involving weapons; or
• falls under one of the other categories listed above in numbers 1 - 8.²

Also, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances such as when the abuser has been convicted of a felony or certain domestic violence-related crimes or if you have a protective order against the abuser that meets certain requirements. Go to Federal Gun Laws to get more information.

¹ UT Code §§ 76-10-503(1)-(3); 76-10-501(6)(a)
² UT Code § 53-5-704(2)(a), (3)(a)

If you think the abuser is violating state firearm laws, you can call your local police or sheriff department or the state police. If you think the abuser is violating federal firearm laws, you can call the Bureau of Alcohol, Tobacco and Firearms (ATF).

You can find contact information for sheriff departments in your area on our UT Sheriff Departments page.

You can find ATF field offices in Utah on the ATF website. For reporting illegal firearm activity, a person can also call 1-800-ATF-GUNS (1-800-283-4867). Many ATF offices have victim advocates on staff (called “victim/witness coordinators”) and so perhaps you may ask to speak one of these advocates if you are having a hard time connecting with (or receiving a call back from) an ATF officer.

A local domestic violence organization in your area may also be able to answer your questions and assist you in talking to the necessary law enforcement officials. You will find contact information for organizations in your area on our UT Advocates and Shelters page.

Note: Generally, the abuser does not have to have knowledge of the law in order to be arrested for breaking the law. If the abuser has or buys a gun in violation of the law, the abuser can be arrested, whether or not s/he knows that s/he was in violation of the law.¹

¹United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)

Before purchasing a gun from a licensed firearm dealer, all buyers must undergo a criminal background check that is processed through the National Instant Criminal Background Check System (NICS). The National Instant Criminal Background Check System is used by federal firearms licensees (FFLs), such as firearms dealers or pawnbrokers, to instantly determine whether someone is eligible to receive (own, possess, transport) firearms or explosives.¹ If the abuser has a qualifying protective order against him/her, or has been convicted of a felony or domestic violence misdemeanor in any state, those records should be in the NICS, which should prevent the abuser from legally buying a gun. Not all states have automated record keeping systems, making it more difficult to process the criminal background check, and some criminals and abusers do slip through the system. Also, it is important to know that background checks are not required for private and online gun sales and so in those situations, the seller is not looking in the NICS.

If the abuser is able to purchase a gun and you believe that s/he should not be able to have one under the law, you can alert the police, and ask that his/her gun be taken away and perhaps the police will investigate. Generally, it is not a good idea to assume that because the abuser was able to buy a gun, it is legal for him/her to have one.

¹National Criminal Justice Reference Service website

In Utah, there are many reasons why a person cannot have a gun in his/her possession that do not involve having a protective order against him/her or being convicted of a crime.

Utah state law says that a person cannot have a firearm or other dangerous weapon if s/he:

1. is on parole from a juvenile secure care facility;
2. within the last 10 years has been adjudicated delinquent for an offense, which if committed by an adult would have been a violent felony;
3. is an alien who is illegally or unlawfully in the United States.
4. is illegally using a controlled substance;
5. is in possession of a dangerous weapon and is knowingly and intentionally illegally possessing a controlled substance;
6. has been found “not guilty by reason of insanity” for a felony offense;
7. has been found “mentally incompetent to stand trial” for a felony offense;
8. has been judged “mentally defective” or has been committed to a mental institution;
9. has been dishonorably discharged from the armed forces; or
10. has renounced his/her citizenship after having been a citizen of the United States.¹

In addition, the state can deny, suspend, or revoke a permit to carry a concealed firearm if the person:

• has been or is judged by a state or federal court as mentally incompetent;
• is a danger to himself/herself or others, as evidenced by past behavior of violence or threats of violence; or
• falls under one of the other categories listed above in numbers 1 - 10.²

If none of these situations apply, you can still make a plan for your safety. See our Safety Tips page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our UT Advocates and Shelters page to find a local domestic violence organization near you.

For additional information on gun laws in Utah, you can go to the Giffords Law Center website.

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.

¹ UT Code §§ 76-10-503(1)-(3); 76-10-501(6)(a)
² UT Code § 53-5-704(2)(a), (3)(a)