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Legal Information: Utah

State Gun Laws

Updated: 
July 19, 2023

If the abuser has been convicted of a crime, can s/he keep or buy a gun?

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; 
  1. 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;
  2. 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)

How can I find out if the abuser has been convicted of a crime?

Misdemeanor and felony records are open to the public, but they are not always easy to access. If you know the exact courthouse where the abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.

Federal law specifically prohibits possession of a firearm if the person is convicted of any felony or of a domestic violence misdemeanor. Criminal records that would make a person ineligible to purchase a firearm are also kept in the National Instant Criminal Background Check System (NICS). However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NICS. Your local police department may be willing to search NICS for you if you ask, but they are not required to do so.

To read more about the NICS, please see the question, What will happen if the abuser tries to purchase a gun?