The Second Amendment right to bear arms is protected by Utah law. Not only are you allowed to carry firearms, the right is baked into the state’s constitution.
However, that doesn’t mean there aren’t any limits to what you can do with firearms in Utah. Here’s a breakdown of what you need to know about your Second Amendment rights in the Beehive State.
The right to bear arms is protected at the federal level by the United States Constitution. It’s in the Second Amendment, which reads, “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
If hypothetically, this right were repealed, the state of Utah would still likely have the right to bear arms. That’s because of Article I Section 6 of the state constitution, which says, “The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the Legislature from defining the lawful use of arms.”
It’s important to understand the last part of that statement. Although gun rights are protected in the state, it allows for lawmakers to create certain limitations.
Most adults in Utah can carry guns in some capacity without any kind of permit. If you’re over 21, you can carry a firearm on a public street, in a vehicle, or anywhere else where guns aren’t prohibited. This includes handguns or rifles, concealed carry or open carry, and loaded or unloaded. If you can legally obtain the firearm, you can take it anywhere that is not restricted.
If you’re 18 or older and younger than 21, there are a few restrictions. You can open carry an unloaded firearm in the aforementioned places without a permit. However, if you want to conceal it in any way or you want to carry a loaded firearm, you need to have a permit.
Not every adult is permitted to possess or use a firearm in Utah. If you meet any of these conditions, you are considered a category I restricted person:
If you use a firearm for any reason as a category I person, you may be charged with a second-degree felony. This means you can face one to 15 years in prison and up to $10,000 in fines.
In certain instances, you may also be a category II restricted person. The list of all of them is exhaustive, but here are a few:
If you are a category II restricted person, and you use a firearm of any kind for any purpose, you may face a third-degree felony charge. This means you can face up to five years in prison and $5,000 in fines.
Utah law allows you to take a firearm to a lot of different places. However, there are certain areas you cannot carry one under any circumstances:
The penalties for carrying a firearm into one of these places varies depending on the situation, but you can face up to a class A misdemeanor. This can mean up to 364 days in jail and fines of up to $2,500.
If you’re over 21 years old, you don’t need any kind of permit to carry a firearm in Utah. However, having a concealed carry permit allows you to enter certain places with a gun that are prohibited without a permit:
Without a permit, carrying a firearm to any of those places can lead to a class A misdemeanor charge.
Not all permit holders have access to those places with a firearm. If you are older than 18 but younger than 21, and you have a permit, you cannot go to an elementary or secondary school. However, you can go to a daycare or university. If your concealed carry permit comes from another state, you cannot carry a firearm in any of those places.
No, landlords cannot prohibit firearms where you are living. If you’re at least 18 years old, you cannot be restricted from having a loaded or unloaded firearm at your place of residence. This includes a place that you own or rent.
Utah’s laws regarding self-defense include what’s known as the castle doctrine. This means if you are in a situation where you feel that using deadly force against someone else is justified for your safety, you don’t have any duty to retreat before you do so.
Utah code specifies when you are allowed to use deadly force, which often involves a firearm of some kind. You have to have reason to believe that the other person entered your space illegally or violently, and that the person might inflict harm on you or another person. If those conditions are met, you are justified by Utah law to use deadly force.
If you are arrested for violating gun laws in Utah, it’s important to seek out an attorney to help you with your case. This is true whether you want to fight the charges or make a guilty plea. No matter what you do, the legal process is complex, and you want someone at your side who is highly knowledgeable about it.
You’ll want to find someone with a lot of experience with the type of crime that you’re charged with. At Brown, Bradshaw & Moffat, you’ll find that with Kristin Wilson, Michael Holje, Staci Visser, Ann Taliaferro, Mark Moffat, and Michael Meszaros. Each of them has experience with various gun-related criminal cases, and they would be willing to help.
To get started, tell us about your case, and a member of our team will reach out to you.
