Existing Gun Laws
There are over 20,000
federal, state and local gun laws on the books already.
Utah laws are summarized below. To see what some of these are
in other states you can check the State
Firearms Laws & Ordinances This is the BATF's latest
listing, and there are probably some new ones added after the BATF published
this list.
Do you think criminals bother to read and obey
them all? Most of them? Any of them? What about the other laws- maybe that
is why they are called criminals.
Why do you think they will obey a new gun law?
How will "one more reasonable compromise" to
surrender more of OUR freedom on top of all the what we have
already surrendered suddenly make criminals obey laws?
At least 20 existing laws were broken by the
killers at Columbine High School in Colorado.
STATE CONSTITUTIONAL PROVISION
QUICK REFERENCE CHART
Rifles and Shotguns Handguns
Permit to Purchase No No
Registration of Firearms No No
Licensing of Owners No No
Permit to Carry No Yes*
*A permit is required to carry a concealed weapon.
POSSESSION
No state permit is required to possess a rifle, shotgun or handgun.
It is unlawful for a person to own, possess, or have under his/her
control or custody any firearms if they:
a) have been convicted of a crime of violence;1
b) are addicted to a narcotic drug;
c) have been declared mentally incompetent;2
d) are on parole or probation;
e) are under indictment;
f) are an alien who is illegally in the United States;
g) have been discharged from the armed forces under
dishonorable conditions;
h) have renounced U.S. citizenship
It is unlawful to possess or use a firearm in pursuit of wildlife while under the influence of alcohol or illegal drugs.
It is unlawful to possess a firearm with the intent to assault another person.
It is unlawful for a person under 18 to possess a firearm unless he has permission from a parent or guardian, or is accompanied by the parent or guardian. A minor under 14 must be accompanied by an adult.2 (See MISCELLANEOUS for provisions regarding hunting.)
It is lawful to possess a loaded firearm in one's residence, temporary residence or camp.3,4
A person may not possess any firearm at a place the person knows, or has reasonable cause to believe is on or about school premises.
PURCHASE
No state permit is required to purchase a rifle, shotgun, or handgun.
Holders of a valid concealed firearm permit issued by this state are exempt from this requirement so long as the person presents the permit to the dealer and the dealer verifies that the permit is valid.
A gun dealer shall not sell or transfer any handgun until an instant criminal history background check is conducted and approved by the Department of Public Safety's Law Enforcement and Technical Services Division. The information required to be provided includes one photo identification on a form issued by a governmental agency of the state, documentation of residence which must show an address identical to that shown on the photo identification form, date of birth, height, weight, eye color, hair color, social security or any other identification number of the person receiving the handgun. A $7.50 fee to cover the costs of the check will be collected.
CARRYING
It is unlawful to carry a "concealed dangerous weapon" without a permit.
A firearm that contains no ammunition and is enclosed in a case, gun box or securely tied package is not a concealed weapon.
The Department of Public Safety or its designated agent, shall issue a permit to carry a concealed firearm for lawful self defense to an applicant who is 21 years of age or older within 60 days after receiving an application and upon proof that the person applying is of good character. An applicant satisfactorily demonstrates good character if he: 1) has not been convicted of a felony or crime of violence; 2) has not been convicted of an offense involving the use of alcohol, narcotics or other controlled substances; 3) has not been convicted of an offense involving moral turpitude; 4) has not been convicted of any offense involving domestic violence; 5) has not be adjudicated mentally incompetent, unless the adjudication has been withdrawn or reversed. A permit may also be denied if there is reasonable cause to believe the applicant has been or is a danger to self or others as demonstrated by evidence of past unlawful violence or threats of unlawful violence.
The applicant must provide to the issuing authority letters of character
reference; two recent dated photographs; two sets of fingerprints; five
year employment and residential history; and evidence of general familiarity
with the types of firearms to be concealed which may include completion
of a course of instruction conducted by any national, state or local firearms
training organization approved by the Department of Public Safety, certification
of general or equivalent experience with a firearm through participation
in an organized shooting competition, law enforcement, hunter safety, military
or civilian
firearms instructor, or military service.
The permit is valid throughout the state for 5 years. The licensing is $35.00 plus any fee charged by the F.B.I.; the renewal fee is $5.00.
The denial of a permit shall be in writing and shall include the general reasons for the action. The applicant may file a petition for review with a board of review established by the commissioner of public safety within 60 days from the date the denial or revocation is received by the applicant.
It is lawful to carry a firearm "capable of being concealed" in one's home or place of business without a permit.
It is unlawful to carry a loaded firearm on any public street or in any place where it is unlawful to discharge a firearm.
It is unlawful to carry a firearm while under the influence of alcohol or a controlled substance.
Law enforcement officials advise that a permit to carry a concealed weapon allows for the carrying of a concealed loaded firearm on any public street in an incorporated city.
The Department of Public Safety or its designated agent may issue a temporary permit to carry a concealed firearm to a person who has applied for a regular permit to carry a concealed firearm, has made application for temporary permit, and demonstrates good character by the same requirements for a regular permit to carry a concealed firearm. A temporary permit may not be issued until preliminary record checks regarding the applicant have been made to determine any criminal history.
A temporary permit is valid for a maximum of 90 days or any lesser period specified by the Department of Public Safety, or until a regular permit is issued to the temporary permit holder, whichever period is shorter. A decision to deny or revoke a temporary permit prior to expiration may not be appealed.
A person with a permit to carry a concealed firearm may not carry a
concealed firearm in any secure area. A secure area may not include any
area normally accessible to the public. An airport authority may establish
any secure area located beyond the main area where the public generally
buys tickets, checks and retrieves luggage. Any courthouse, courtroom,
mental health facility or correctional facility may provide by rule that
no firearm may be transported, sold, given, or possessed upon the facility.
At least one notice shall be prominently displayed at each entrance to
a secure area in which a
dangerous weapon, firearm, or explosive is restricted.
CARRYING IN VEHICLES
It is lawful to carry an unloaded firearm unconcealed in a vehicle
without a permit. It is lawful for a person otherwise entitled to possess
a firearm to keep an unloaded and concealed firearm in a vehicle. Only
a peace officer in the performance of his duty or a person with a valid
permit to carry may carry a loaded firearm in a vehicle.4
It is unlawful to carry a concealed firearm into a bus terminal. It is unlawful to board a bus with a concealed firearm upon one's person or effects. This does not apply to law enforcement officers or commercial security personnel with firearms used in their employment; persons with permits to carry concealed weapons; or persons with the consent of the owner of the bus or his agent, or the lessee or bailee of the bus.
It is lawful to carry a firearm if unloaded and encased in a case, box, or securely tied package or held securely in a gun rack or locked in the trunk of an automobile in which the firearm is being transported.
EXEMPTIONS
The following are exempt from Utah weapon laws:
1) U. S. Marshals engaged in their official duties;
2) Federal officials required to carry firearms while engaged in their
official duties;
3) Law enforcement officials;
4) Common carriers while engaged in the regular transportation of firearms
as merchandise.
ANTIQUES
Utah statutes are silent on antique and replica firearms. They are
treated as ordinary firearms for possession and carrying purposes.
MACHINE GUNS
It is lawful to possess, purchase, or sell a machine gun that is legally
registered and possessed in compliance with all federal laws and regulations.
MISCELLANEOUS
It is unlawful to change, alter, remove or obliterate the name of the
maker, the model, the manufacturer's number or any other identifying mark
on any pistol or revolver without first securing written permission from
the bureau of criminal identification. In the case of an unmarked pistol
or revolver, the bureau may, if requested, assign a distinguishing number
or mark of identification. It is unlawful to stamp any pistol or revolver
with any number or mark except one assigned to it by the bureau. This does
not apply to restoration.
It is unlawful to discharge any kind of firearm from any vehicle or from, upon or across any public highway, within Utah State Park buildings, designated camp or picnic sites, overlooks, golf courses, boat ramps, and developed beaches; or without written permission to discharge the dangerous weapon from the owner or person in charge of the property within 600 feet of a house, dwelling, or any other building; or any structure in which a domestic animal is kept or fed, including a barn, poultry yard, corral, feeding pen, or stockyard.
It is unlawful to fire any tracer or incendiary ammunition in the state of Utah except within the confines of an established military reservation.
It is unlawful to shoot or shoot at any signs or placards placed by the wildlife board or road signs on any highway.
It is unlawful to shoot wildlife from airplanes, motor vehicles, motor boats or snowmobiles. Handicapped hunters may be authorized to hunt from a vehicle under terms and conditions specified by the wildlife board.
When prohibited by local ordinance or law, it is a misdemeanor to make or keep gunpowder, nitroglycerin or other highly explosive substances within a city or town, or to carry such substances through the streets.
It is unlawful to deliver to any express or railway company, common carrier, warehouse, or storehouse any package containing nitroglycerin, dynamite, gun cotton, or gun powder to be handled, stored, shipped, or transported without plainly marking the package with the name and nature of the contents.
It is unlawful for any person in the presence of two or more persons to exhibit any firearm in an "angry and threatening manner", unless in necessary self-defense.
It is unlawful to discharge a firearm at or into any bus or terminal. This does not apply to law enforcement officers or commercial security personnel who discharge firearms in their employment.
It is unlawful to set any spring or "trap gun."
It is unlawful to deliver any spring or "trap gun" to any express or railway company, common carrier, or to any person without informing them of the nature of the delivery.
Persons under the age of 16 cannot hunt unless "accompanied," meaning at a distance within which visual and verbal communication is maintained for the purposes of advising and assisting: 1) persons under the age of 14, while hunting with any weapon, must be accompanied by parent or legal guardian, or a responsible person age 21 or older who is approved by parent or guardian; 2) persons age 14 and under the age of 16, while hunting big game with any weapon, must be accompanied by parent or legal guardian, or a responsible person age 21 or older who is approved by parent or guardian; 3) persons age 14 and under the age of 16, while hunting wildlife other than big game, must be accompanied by a person age 21 or older; 4) persons under the age of 12 are not permitted to hunt for protected wildlife except as provided by rule of the wildlife board.
All authority to regulate firearms shall be reserved to the state, except where the state legislature specifically delegates authority to local authorities.
A minor under 18 years of age may not possess a dangerous weapon unless he is accompanied by a parent or guardian or has their permission to have the weapon. A minor under 14 years of age must be accompanied by a parent.
It is unlawful for a minor under 18 to possess a handgun unless the
minor: a) is a patron of a lawfully operated target concession at an amusement
center and the firearms used are chained or affixed to the counters, b)
is in attendance at a hunter's safety course. c) is engaged in practice
at a range or other area where discharge of a firearm is not
prohibited by law. d) is engaged in organized competition. e) is on
real property with the permission of the owner, licensee, or lessee of
the property and has permission of a parent or guardian or the owner to
possess a firearm. f) is hunting lawfully. g) is traveling to or from any
activity listed above.
Notes:
1 A crime of violence has been defined as aggravated
murder, murder, manslaughter, rape, mayhem, kidnapping, robbery, burglary,
housebreaking, extortion, or blackmail accompanied by threats of violence,
assault with a dangerous weapon, assault with intent to commit any offense
punishable by imprisonment for more than 1 year, arson punishable by imprisonment
for more than 1 year, or attempt to commit any of these offenses.
2 This prohibition does not apply to the use
of a firearm: 1) in target concessions at amusement parks; 2) at commercial
trap or skeet fields or shooting ranges during regular business hours;
3) by any resident or nonresident hunter with a valid hunting license.
3 There is no indication in the statutes of
whether motor homes, vans, etc., are treated as homes or vehicles.
4 Rifles, handguns and shotguns are deemed
loaded when there is an unexpended cartridge, shell, or projectile in the
firing position. Pistols and revolvers shall also be deemed to be loaded
when an unexpended cartridge, shell, or projectile is in a position whereby
the manual operation of any mechanism once would cause the unexpended cartridge,
shell, or projectile to be fired. A muzzle loading firearm is loaded when
it is capped or primed and has a powder charge and a ball or shot in the
barrel or cylinders.
SOURCES: Utah Code §§ 53-5-701 et seq., 76-10-301,
76-10-501 et seq.
rev. 11/98
Utah (State) Legislative Issues-
Gov. Leavitt may
call a special session to consider more gun laws. The next hearings
are scheduled by the Interim committes on Law Enforcement and Criminal
Justice on July 21st. It is known that the anti-gun crowd, led by
Salt Lake City mayorial candidate/Democratic minority leader in the House
David Jones would like to ban carrying of legal guns by permit holders
in schools, denying them the right of self protection. They also
will push some sort of "negligent storage" or child safety scheme.
Claiming that illegal sales are taking place at gun shows (but not calling
for enforcement of existing laws) they will try to require non-dealers
make all sales through a dealer (for a fee, undoubtedly, and with the transaction
permanently recorded illegally by the BATF's computers). Of course
if they can force you to do this at a gun show, why not when a family member
wants to pass down a gun they own, or a sale to your hunting buddy?
Tell Gov. Leavitt that
no special session is needed.
Legislators DO
listen to what their constituents say. Make sure you let them know
how you want them to act on these issues. Then hold them accountable.
Actively support the campaigns and VOTE FOR those who represent you
well. For those who do not represent you well, VOTE AGAINST them
and actively support the campaigns of those who will do a better job.
How to identify
and contact your Utah Legislator
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U.S. Congressman or Senator
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