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Legal Information: Utah

State Gun Laws

Updated: 
July 19, 2023

I am a victim of domestic violence and the abuser has a gun. Is that legal?

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)