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Utah Issues
State Right to Bear Arms
Article I, § 6 of the Utah Constitution, as originally drafted (in effect from 1896 until 1984), provided: "The people have the right to bear arms for their security and defense, but the Legislature may regulate the exercise of this right by law." The Utah Supreme Court interpreted this language to allow the state legislature to regulate firearms extensively. See, e.g., People v. Beorchia, 530 P.2d 813, 814 (Utah 1974) (holding that the state right to "bear arms" did not invalidate a statute prohibiting aliens from possessing firearms).
Article I, Section 6 was amended in 1984. It now states that "[t]he 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."
In State v. Willis, 2004 UT 93, 100 P.3d 1218, the Supreme Court of Utah rejected defendant's Art. I, § 6 challenge to Utah Code Ann. § 76-10-503(2)(a), which bars certain persons from possessing firearms. The court held that while the term "use" in Art. I, § 6 is ambiguous, the intent of the legislature and the voting public in adopting the amendment in no way sought to "endow felons with a right to possess guns." Willis, 2004 UT 93, ¶¶ 6, 11-12. To accept defendant's absolute reading of Art. I, § 6, the court stated, would lead to "absurd results" where classes of persons such as prison inmates, mental incompetents and minor children would have a constitutional right to use arms. Willis, 2004 UT 93, ¶ 16.
Hansen v. America Online, Inc., 2004 UT 62, 96 P.3d 950 addressed whether the State of Utah has a strong public policy favoring the keeping and bearing of arms as an individual, constitutionally-protected right flowing from Art. I, § 6, and whether that right prevents an employer from prohibiting employees' possession of firearms in the workplace.
In 2004, the state legislature, with an eye on this pending litigation, adopted section 63-98-102, which essentially states that the individual right to "keep and bear arms" is a constitutionally -protected right under Art. I, § 6. The Supreme Court of Utah, reviewing section 63-98-102 and its legislative history, held that state public policy regarding the keeping and bearing of arms is not strong enough to prevent employers from restricting the possession of weapons in the workplace. Hansen, 2004 UT 62, ¶¶ 18-24. The court read the language of section 63-98-102(7) (which states that "[n]othing in [§ 63-98-102] restricts or expands private property rights") to "indicate that the legislature has purposefully declined to give the right to keep and bear arms absolute preeminence over the right to regulate one's own private property." Hansen, 2004 UT 62, ¶ 20.
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State Preemption
Pursuant to Utah Code Ann. § 76-10-500(2), adopted in 1999, "[u]nless specifically authorized by the Legislature by statute, a local authority or state entity may not enact or enforce any ordinance, regulation, or rule pertaining to firearms."
Section 63-98-102, adopted in 2004, elaborates upon this policy. It provides, in part:
(2) Except as specifically provided by state law, a local authority or state entity may not:
(a) prohibit an individual from owning, possessing, purchasing, selling, transferring, transporting, or keeping a firearm at the individual's place of residence, property, business, or in any vehicle lawfully in the individual's possession or lawfully under the individual's control; or
(b) require an individual to have a permit or license to purchase, own, possess, transport, or keep a firearm.
(3) In conjunction with Title 76, Chapter 10, Part 5, Weapons, this section is uniformly applicable throughout this state and in all its political subdivisions and municipalities.
(4) All authority to regulate firearms is reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities.
(5) Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on either public or private property.
(6) As used in this section:
(a) "firearm" has the same meaning as defined in Subsection 76-10-501(9); and
(b) "local authority or state entity" includes public school districts, public schools, and state institutions of higher education.
(7) Nothing in this section restricts or expands private property rights.
Section 10-8-47 specifically grants city boards of commissioners and city councils the authority "to regulate and prevent the discharge of firearms." Sections 76-8-311.1 and 76-8-311.3 allow correctional, law enforcement, and mental health facilities to prohibit or control firearms and ammunition.
In Univ. of Utah v. Shurtleff, Case No. 030910595 (2003), the University of Utah sought a judicial declaration that its concealed weapons ban on campus was not a violation of the Uniform Firearms Act (§ 76-10-500 et seq.), the Concealed Weapons Act (§ 53-5-701 et seq.), or any other state statute. Noting that the University’s policy neither imposed criminal liability nor affected the validity of concealed weapons permits, the Third Judicial District Court found that state law did not eliminate the authority of the University to adopt internal policies governing the possession of firearms on campus by students, faculty and staff. Id. at *11-*12. The Utah Attorney General filed a notice of appeal with the Utah Supreme Court, which heard oral argument on December 15, 2004, but had not yet issued an opinion as of June 2006. (Utah Supreme Court Docket No. 20030877-SC.) The two issues being decided by the court on appeal are: 1) whether the Utah Constitution gives the University institutional autonomy from the state legislature’s regulation of guns; and 2) whether the constitutional authority given to the legislature to define the lawful use of firearms overrides any potential institutional autonomy.
Please see the Preemption section of the Master List of Firearms Policies for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.
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State Firearms Policies
For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.
Background Checks
Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes. (For a complete list of federally prohibited purchasers, click here.)
Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS. Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.
In Utah, all firearms transfers by licensed dealers are processed directly through the Criminal Investigations and Technical Services Division of the Department of Public Safety (more commonly known as the Bureau of Criminal Identification, or "BCI"), which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2004 (August 2005). In addition, Utah has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. Utah Code Ann. § 76-10-503(1) provides that, subject to certain limited exceptions, no person shall possess a firearm if he or she:
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Is a Category I restricted person, meaning a person who:
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Has been convicted of any violent felony as defined in section 76-3-203.5;
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Is on probation or parole for any felony;
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Is on parole from a secure facility as defined in section 62A-7-101; or
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Within the last 10 years has been adjudicated delinquent for an offense which if committed by an adult would have been a violent felony as defined in section 76-3-203.5.
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Is a Category II restricted person, meaning a person who:
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Has been convicted of or is under indictment for any felony;
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Within the last seven years has been adjudicated delinquent for an offense which if committed by an adult would have been a felony;
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Is an unlawful user of a controlled substance as defined in section 58-37-2;
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Is in possession of a dangerous weapon and is knowingly and intentionally in unlawful possession of a Schedule I or II controlled substance as defined in section 58-37-2;
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Has been found not guilty by reason of insanity of, or has been found mentally incompetent to stand trial for, a felony offense;
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Has been adjudicated mentally defective as provided in the "Brady Handgun Violence Prevention Act," or has been committed to a mental institution;
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Is an alien who is illegally or unlawfully in the U.S.;
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Has been dishonorably discharged from the armed forces; or
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Has renounced his or her citizenship after having been a citizen of the U.S.
A Category I restricted person who intentionally or knowingly agrees, consents, offers, or arranges to purchase, transfer, possess, use, or have under his or her custody or control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under his or her custody or control any firearm is criminally liable for a second degree felony. Section 76-10-503(2). A Category II restricted person who purchases, transfers, possesses, uses, or has under his or her custody or control any firearm is criminally liable for a third degree felony. Section 76-10-503(3). A person may be subject to the restrictions of both categories at the same time. Section 76-10-503(4).
Under section 78-3h-104(1)(d), if a finding is made that the subject of a child protective order or an ex parte child protective order may pose a serious threat of harm to the minor, the order may prohibit the subject from purchasing, using or possessing a firearm.
Sections 76-10-509 and 76-10-509.4 generally prohibit persons under age 18 from possessing firearms (see the Utah Minimum Age to Purchase/Possess section).
Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Concealed firearms permit holders in Utah are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the federal Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the Utah Carrying Firearms section.
Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Utah, although federal and state purchaser prohibitions still apply. See the Utah Private/Secondary Sales section.
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Carrying Firearms
Open Carrying/Exposed Firearms
Utah generally prohibits the carrying of a loaded firearm: 1) in or on a vehicle; 2) on any public street; or 3) in a posted prohibited area. Utah Code Ann. § 76-10-505(1).
A person may not possess a firearm at a place the person knows or has reasonable cause to believe is on or around the premises of a school. Section 76-10-505.5(1). This does not apply to, inter alia: 1) a concealed firearm permit holder; 2) a person possessing a firearm for use in a lawful, approved activity; or 3) where the possession is: a) at the person's place of residence or on the person's property; b) in any vehicle lawfully under the person's control, other than a vehicle owned by the school or used by the school to transport students; or c) at the person's place of business, if not located in select school areas (described in § 76-3-203.2(1)(a)(i), (ii), and (iv)). Section 76-10-505.5(3).
Section 76-10-529(2) prohibits the possession of a firearm within a "secure area" of an airport. A "secure area" for purposes of this section is an area established by the airport authority where firearms are restricted. Section 76-10-529(3). A "secure area" must be located beyond the airport’s main area, and must have a notice prominently displayed. Section 76-10-529(4).
Section 76-8-311.1(2)(a) authorizes the establishment of "secure areas" in correctional, law enforcement, and mental health facilities. Section 76-8-311.1(6) prohibits the intentional or knowing transportation of a firearm or ammunition into or on any "secure area" of a facility. Section 76-8-311.3(4)(d) bans the knowing possession of a firearm at a correctional facility or in any "secure area" of a mental health facility without the permission of the authority operating the facility. Section 76-8-311.3(4)(a) prohibits the transportation of a firearm or ammunition into or on any part of a correctional facility or into a "secure area" of a mental health facility with intent to provide it to an offender. To be a "secure area" for purposes of these sections, the area must not be normally accessible to the public, must have a notice posted at the entrance, and must have an adjacent area available for storing weapons. Sections 76-8-311.3(2)(g), 76-8-311.1(1)(e), (3), (4).
Sections 76-8-311.1(2) and 76-8-311.3(2) allow correctional, law enforcement, and mental health facilities to further prohibit or control firearms and ammunition.
It is a violation of section 76-8-311.1(6) to intentionally or knowingly transport a firearm or ammunition into or on any "secure area" established pursuant to section 53B-3-103(2)(ii). Section 76-8-311.1(2)(b). The Governor of Utah signed a bill on March 26, 2002 (S.B. 164), amending section 53B-3-103(2)(ii) to provide that the State Board of Regents may "authorize higher education institutions to establish no more than one secure area at each institution as a hearing room…but [may] not otherwise restrict the lawful possession or carrying of firearms." The University of Utah subsequently filed a lawsuit, Univ. of Utah v. Shurtleff, Case No. 030910595 (2003), seeking a judicial declaration that its concealed weapons ban on campus was not a violation of the Uniform Firearms Act (§ 76-10-500 - 76-10-530), the Concealed Weapons Act (§ 53-5-701 - 53-5-711), or any other state statute.
Noting that the University's policy neither imposed criminal liability nor affected the validity of concealed weapons permits, the Third Judicial District Court found that state law did not eliminate the authority of the University to adopt internal policies governing the possession of firearms on campus by students, faculty and staff. Id. at 11-12. The court specifically noted that the University's policy was not affected by section 53B-3-103, which only applies to policies of the Board of Regents. Id. at 12. The Utah Attorney General filed a notice of appeal with the Utah Supreme Court, which heard oral argument on December 15, 2004 but has not yet issued an opinion as of June 2006. (Utah Supreme Court Docket No. 20030877-SC.)
Section 78-7-6(2) authorizes the state Judicial Council (a policy-making body for the judiciary) to provide for security in or about a courthouse or courtroom through the rules of judicial administration. The Judicial Council has provided by rule that generally "no person may possess a firearm, ammunition, or dangerous weapon in a courthouse." Judicial Council Rule 3-414(7).
Utah Code Ann. § 76-10-530 prohibits the knowing and intentional transportation or possession of a firearm in a house of worship or private residence if the organization operating the house of worship or the person with lawful right of possession of the private residence has properly given notice that firearms are prohibited.
Finally, Utah Admin. Code § R651-612-1 generally prohibits the use or possession of firearms in any park in the Utah park system, unless the weapon is unloaded and encased. Concealed firearms permit holders are exempt from this prohibition. Id.
Transportation of Firearms
Utah generally prohibits the carrying of a loaded firearm: 1) in or on a vehicle; 2) on any public street; or 3) in a posted prohibited area. Utah Code Ann. § 76-10-505(1).
Section 76-10-529(2) prohibits the transportation of a firearm into or on any "secure area" of an airport. A "secure area" for purposes of this section is an area established by the airport authority where firearms are restricted. Section 76-10-529(3). A "secure area" must be located beyond the airport’s main area, and must have a notice prominently displayed. Section 76-10-529(4).
Section 76-10-1507(2) prohibits the carrying of a firearm into a bus terminal or aboard a bus.
Utah prohibits purchasing a firearm with the intent to transport the firearm out of Utah to be resold to a person ineligible to purchase it from a licensed dealer. Section 76-10-527(5)(b).
Concealed Weapons Licensing Requirements
Utah is a "shall issue" state, meaning that the Utah Department of Public Safety, Bureau of Criminal Identification ("BCI") must issue a concealed firearms permit if the applicant is 21 years of age or older, unless the BCI finds proof that the applicant is not of good character. Section 53-5-704(1). Pursuant to section 53-5-704(2), proof of good character is demonstrated if the applicant:
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Has not been convicted of a felony, any crime of violence, any offense involving the use of alcohol, the unlawful use of narcotics or other controlled substances, any offense involving moral turpitude, or any offense involving domestic violence;
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Has not been adjudicated as "mentally incompetent," unless the adjudication has been withdrawn or reversed; and
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Is qualified to purchase and possess a firearm pursuant to section 76-10-503 and federal law (see the Utah Background Checks section).
In addition, section 53-5-704(3) states that the BCI may deny, suspend or revoke a permit if there is "reasonable cause" to believe that the applicant has been or is a danger to self or others as demonstrated by evidence including, but not limited to, and past pattern of behavior or past participation in incidents involving unlawful violence or threats of unlawful violence. In determining whether the applicant has been or is a danger to self or others, the BCI may inspect expunged adult and juvenile records. Id.
The BCI shall require, with the application materials, evidence of familiarity with the types of firearms to be concealed. Section 53-5-704(5)(d). General familiarity with the types of firearms to be concealed includes training in the safe loading, unloading, storage, and carrying of those firearms, as well as knowledge of current firearms laws. Section 53-5-704(7). Permit holders charged with a crime of violence in any state shall have their permit suspended until such time as they have been acquitted, or the charges have been dropped. Section 53-5-704(3)(d).
The fee for a concealed firearms permit is $35. Section 53-5-707(1).
In February of 2000, the BCI began checking arrest records on a daily basis against concealed firearms permit holders. As a result, permit revocations increased from 58 in 1998 and 75 in 1999, to 256 in 2000. Utah Department of Public Safety, Bureau of Criminal Identification, Firearms Statistical Review (4th Quarter 2005). As of December 31, 2005, there were 70,185 valid permits, up from 44,173 valid permits as of December 31, 2001. Id., Utah Department of Public Safety, Bureau of Criminal Identification, Firearms Statistical Review (4th Quarter 2001).
Any person who, without a valid concealed firearms permit, carries a concealed firearm that contains no ammunition is criminally liable for a class B misdemeanor. Section 76-10-504(1)(b). If the firearm contains ammunition, the person is criminally liable for a class A misdemeanor. Id.
Additional application and background check requirements are detailed under sections 53-5-704 through 53-5-711.
Disclosure or Use of Information
Utah does not allow personal application or permit information of concealed firearm permit holders to be made public.
“When any permit is issued, a record shall be maintained in the office of the licensing authority….[T]he names, addresses, telephone numbers, dates of birth, and Social Security numbers of persons receiving permits are protected records under Subsection 63-2-304(10) [records the disclosure of which would jeopardize the life or safety of an individual].” Section 53-5-708(1). Copies of each permit issued shall be filed immediately by the licensing authority with the BCI. Section 53-5-708(2).
For additional information, see Utah Admin. Code § R722-300-16 (pertaining to access to concealed firearm permit and certificate of qualification records).
Duration & Renewal
Once issued, Utah concealed firearms permits are valid for five years. Utah Code Ann. § 53-5-704(1)(b). The renewal fee is $10. Section 53-5-707(2).
Location Limits
Permit holders in Utah may not carry a concealed firearm in any "secure area" in which firearms are prohibited and notice of the prohibition is posted, in any airport "secure area," or in any house of worship or private residence where dangerous weapons are prohibited. Section 53-5-710.
Section 76-10-523.5 makes Utah laws regarding "secure areas" applicable to permit holders. Please see the Utah Open Carrying/Exposed Firearms and Transportation of Firearms subsections above for those and other generally applicable location limits. With the exception of Utah Admin. Code § R651-612-1, which prohibits firearms in the Utah park system, those laws do not make exceptions for permit holders.
Reciprocity
A permit to carry a concealed firearm that has been issued by another state (or a county within another state) is valid in Utah. Utah Code Ann. § 76-10-523(2).
For a list of states with which Utah has signed formal reciprocity agreements, see the Utah Department of Public Safety, Bureau of Criminal Identification’s Utah Permit Reciprocity page.
Brady Exemption
Concealed weapons permit holders in Utah are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the federal Brady Act. Please note that ATF's exempt status determination is subject to change without notice. For further information, see the Utah Background Checks section.
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Child Access Prevention
Pursuant to Utah Code Ann. § 76-10-509.6(1), a parent or guardian may not intentionally or knowingly provide a firearm to, or permit the possession of a firearm by, any minor (under age 18, as defined in §§ 76-10-509, 76-10-509.4, and 76-10-509.9) who has been convicted of a violent felony or adjudicated in juvenile court for an offense which would constitute a violent felony if the minor were an adult.
The state also prohibits any parent or guardian of a minor, where the parent or guardian knows that the minor is in possession of a firearm, from failing to make reasonable efforts to remove the firearm from the minor's possession. Section 76-10-509.7.
For age requirements for the purchase or possession of firearms in Utah, see the Utah Minimum Age to Purchase / Possess section.
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Dealer Regulations
Utah does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Utah Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Utah Background Checks section.
Federally licensed firearms dealers are required to provide the Utah Department of Public Safety, Bureau of Criminal Identification ("BCI") with the following information prior to any transfer of a firearm:
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The prospective purchaser’s name, address, date of birth, height, weight, eye and hair color, and social security number; and
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The dealer’s identification number.
Utah Code Ann. § 76-10-526(5).
A dealer may not transfer the firearm until he or she has received approval from the BCI. Id. A person possessing a valid Utah concealed firearms permit is exempt from a background check when purchasing a firearm. Section 76-10-526(13). See the Utah Carrying Firearms section for further information.
In addition, state law makes federally licensed firearms dealers criminally liable for a felony of the third degree for “willfully and intentionally” transferring a firearm in violation of state background check requirements. Section 76-10-527(4). It is also a felony of the third degree to sell any firearm to a person under age 18 unless the person is accompanied by a parent or guardian. Section 76-10-509.9.
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Immunity Statutes/Manufacturer Litigation
Pursuant to Utah Code Ann. § 78-27-64:
A person who lawfully designs, manufactures, markets, advertises, transports, or sells firearms or ammunition to the public may not be sued by the state or any of its political subdivisions for the subsequent use, whether lawfully or unlawfully, of the firearm or ammunition, unless the suit is based on the breach of a contract or warranty for a firearm or ammunition purchased by the state or political subdivision.
For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.
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Minimum Age to Purchase / Possess
Utah Code Ann. § 76-10-509.4 provides that no person under age 18 may possess a handgun, sawed-off rifle, sawed–off shotgun, or fully automatic weapon. Section 76-10-509 further prohibits any person under 18 years of age from possessing any other firearm (i.e., a rifle or shotgun) unless he or she:
The provisions of sections 76-10-509 and 76-10-509.4(1) regarding possession of handguns by minors do not apply to any person:
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Firing at lawfully operated target concessions at amusement parks, piers, and similar locations provided the firearms to be used are firmly chained or affixed to the counters;
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In attendance at a hunter’s safety course or a firearms safety course;
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Engaging in practice or any other lawful use of a firearm at an established range or any other area where the discharge of a firearm is not prohibited by state or local law;
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Engaging in an organized competition involving the use of a firearm, or participating in or practicing for such competition;
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Under age 18 who is on real property with the permission of the owner, licensee, or lessee of the property and who has the permission of a parent or legal guardian or the owner, licensee, or lessee to possess a firearm not otherwise in violation of law;
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Who is a resident or nonresident hunter with a valid hunting license or other person who is lawfully engaged in hunting; or
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Traveling to or from any activity described above with an unloaded firearm in his or her possession (except the provision related to target concessions where the firearms must be firmly chained or affixed to the counters).
Section 76-10-512.
Any person under 14 years of age in possession of a dangerous weapon shall be accompanied by a responsible adult. Section 76-10-509(2). A "dangerous weapon" is "any item that in the manner of its use or intended use is capable of causing death or serious bodily injury." Section 76-10-501(5)(a).
An applicant for a concealed firearms permit must be 21 years of age or older. Section 53-5-704(1).
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Private / Secondary Sales
Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Utah, although federal and state purchaser prohibitions still apply. See the Utah Background Checks section.
Utah prohibits the purchase of a firearm with intent to: (a) resell or otherwise provide the firearm to any person who is ineligible to purchase or receive it from a federally licensed dealer; or (b) transport the firearm out of Utah to be resold to an ineligible person. Utah Code Ann. § 76-10-527(5).
Utah prohibits the sale of any firearm to a person under age 18 unless he or she is accompanied by a parent or guardian. Section 76-10-509.9.
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Registration of Guns
Utah Code Annotated § 76-10-526(8)(a) prohibits the Criminal Investigations and Technical Services Division of the Department of Public Safety, which performs criminal history background checks before all firearm transfers, from maintaining any records of a background check for longer than 20 days from the date of the dealer's request for the background check, if the Division determines that the individual receiving the firearm is not prohibited from purchasing, possessing, or transferring the firearm under state or federal law.
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