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Utah Constitutional Carry Laws

devinschumacher edited this page Oct 30, 2024 · 2 revisions

Utah Constitutional Carry Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.


Utah Constitutional Carry Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Right to Keep and Bear Arms in the United States

In the United States, individuals have the constitutional right to keep and bear arms for self-defense, as guaranteed by the Second Amendment of the U.S. Constitution and supported by legal interpretations. Many states, including Utah, also affirm this right in their own constitutions.

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Federal Firearms Law

Federal firearms law, derived from the authority to regulate interstate commerce, applies uniformly across all states. It permits the legal manufacture, sale, and possession of firearms while requiring registration for certain types like machine guns and short-barreled weapons. Federal law also prohibits firearm possession by individuals posing risks to public safety, such as felons and those convicted of domestic violence misdemeanors. Transactions through licensed dealers necessitate FBI background checks to prevent firearms from reaching unauthorized individuals.

Utah Gun Laws Overview

Utah’s firearm laws reflect its stance on public safety and the rights of gun owners, often imposing fewer restrictions compared to other states. Notably, Utah passed a law in 2021 allowing “permitless carry,” enabling law-abiding adults to carry concealed handguns in public without permits, provided they meet age and eligibility requirements.

Relevant Statutes (Laws)

Utah Code, Title 76, Chapter 10, Sections 76–10–500 through 76–10–532

  • Restrictions on possession, purchase, transfer, and ownership of dangerous weapons — Section 76–10–503
  • Carrying concealed firearm — Penalties — Section 76–10–504
  • Carrying a loaded firearm in a vehicle or on the street — Section 76–10–505
  • Prohibition of possession of certain weapons by minors — Section 76–10–509.4

Utah Code, Title 53, Chapter 5, Sections 53–5–701 through 53–5–712

  • Bureau duties — Permit to carry a concealed firearm — Section 53–5–704
  • Provisional permit to carry a concealed firearm — Section 53–5–704.5

Illegal Arms

Utah restricts possession of specific firearms to individuals under 18 years old, including short-barreled rifles, short-barreled shotguns, fully automatic weapons, and firearm attachments.

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Waiting Period

Utah does not require a waiting period for purchasing firearms.

Who May Not Own

Utah prohibits firearm ownership for two categories of individuals: Category I and Category II restricted persons. Violations carry significant felony charges depending on the offense.

License and Permit Requirements

License Required? Utah does not mandate a license for firearm ownership.

Concealed Carry License Required? Generally, no. Adults 21 and older may carry loaded firearms (concealed or open) unless otherwise restricted.

Open Carry Allowed? Generally yes, with restrictions. Individuals aged 21 and older can openly carry firearms, while those aged 18–20 must meet specific permit requirements.

Eligibility for a Concealed Carry License

To obtain a concealed firearm permit in Utah, applicants must meet age requirements and pass background checks, demonstrating legal qualification under state and federal law.

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