Utah Gun Control Laws
By John Mascolo, Esq. | Legally reviewed by John Mascolo, Esq. | Last reviewed November 10, 2024
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In the United States, people have the right to keep and bear arms for self-defense. This guarantee appears in the Second Amendment of the U.S. Constitution and caselaw interpreting the Second Amendment. Many states also have the right to bear arms in their state constitutions.
Lawmakers in the U.S. Congress and state legislatures must balance the right to own guns with the public need to prevent gun violence. Firearm laws in Utah strike that balance by placing fewer restrictions on gun ownership and possession than in many other states.
Federal firearms law derives from the federal government's ability to regulate the interstate commerce of firearms. It applies across all 50 states. Federal law allows the legal manufacture, sale, and possession of firearms. It requires registration of certain dangerous weapons like machine guns and short-barreled shotguns and rifles. It also prohibits possession of firearms by several categories of people based on risks to public safety. For example, federal law bans possession of a firearm by felons, those addicted to or using illegal drugs, and those convicted of misdemeanor domestic violence.
Gun transactions that happen through federally licensed firearms dealers are subject to a criminal background check through the FBI. This helps prevent guns from falling into the wrong hands.
Utah Gun Statutes
The Beehive State has statutes in place that are consistent with its views on public safety and the rights of gun owners. State gun control laws can restrict the purchase and use of firearms within the state.
In 2021, Utah enacted a law allowing "permitless carry" of firearms. This law allows law-abiding citizens the right to carry a loaded concealed handgun in public without requiring them to get a permit, pass a background check, and complete firearm safety training. In Utah, you must be at least 21 years old to carry a loaded firearm without a permit. Those who are 18-20 must get a concealed firearm permit to carry.
Effective May 1, 2024, Utah's Educator-Protector Program allows teachers to securely carry firearms on school grounds to enhance safety. Such teachers must complete annual response training and hold a concealed carry permit. Firearms must be stored in biometric safes within classrooms. Participants are shielded from civil liability when acting in good faith. This initiative aims to empower teachers with the means to protect their classrooms responsibly.
Like other states, Utah maintains its process of issuing concealed weapon permits to assist Utah residents with reciprocity. More than 35 states recognize Utah concealed carry permit holders. You can apply for a Utah concealed firearm permit in person or by mail with the Bureau of Criminal Identification (BCI), a Department of Public Safety division. BCI will issue a standard permit to those 21 or older and a provisional permit to those between 18 and 20. Applicants must pass a background check. They must provide a copy of their driver's license, a color photograph of themselves, a fingerprint card, and a certificate of weapon familiarity. The certificate comes from your firearms safety instructor. You must also meet all other eligibility qualifications. Utah also issues non-resident concealed firearm permits.
Utah does ban the use or possession of firearms in certain locations. There are certain exceptions for state permit holders (*) and others. These include:
- In or on a vehicle or a public street*
- In a posted prohibited area
- In the secure area of an airport
- In the secure area of a correctional facility or a law enforcement facility
- In the secure area of a mental health facility
- In a house of worship or private residence (when notice is provided)
- On the premises of a public or private elementary or secondary school*
- On the premises of a public or private institution of higher education*
- On the premises of a preschool or childcare facility*
The table below summarizes Utah's gun laws.
Relevant statutes (laws) |
Utah Code, Title 76, Chapter 10, Sections 76-10-500 through 76-10-532
Utah Code, Title 53, Chapter 5, Sections 53-5-701 through 53-5-712
|
---|---|
Illegal arms |
Utah does not ban specific types of firearms. But, it does prohibit people under 18 years of age from possessing:
|
Waiting period |
Utah does not require a waiting period for the purchase of a gun. |
Who may not own |
Utah's firearm prohibitions extend to two groups: Category I restricted persons and Category II restricted persons. Unlawful firearm possession by those in Category I face second-degree felony charges. Unlawful firearm possession by those in Category II face third-degree felony charges. Category I restricted persons include those who:
Category II restricted persons include those who:
|
License required? |
Utah does not require a license to own a firearm. |
Concealed carry license required? |
Generally, no. Those 21 years old and older can carry a loaded firearm in public (concealed or open) if they are not otherwise prohibited by law from possessing a firearm. Those 18-20 years old can carry a loaded firearm in public (concealed or open) with a valid permit. |
Open carry allowed? |
Generally, yes. Open carry is legal for those 21 and older. There are permit requirements for those 18-20 (see above). There are also location restrictions. |
Eligibility for a concealed carry license |
To get a concealed firearm permit, a person must:
|
Machine gun laws |
Utah does not prohibit the possession of machine guns except by those under 18. But, federal law may prohibit machine gun possession in certain circumstances. |
Penalties for illegal firearm possession |
Utah has varying penalties for illegal possession of a firearm.
|
Penalties for illegal possession on or near school grounds |
Illegal possession of a firearm on school premises is a class A misdemeanor, punishable by up to 364 days in jail; a fine of up to $2,500; or both. |
Red flag law? | No. |
Universal background checks? | No. Utah does not require a background check in cases of private sales of firearms. |
Stand your ground law? | Yes. Utah's stand-your-ground law removes the duty to retreat when an otherwise law-abiding person is in a place they may legally be. Such a person may respond to an attack with force, including force likely to cause serious bodily injury or deadly force when reasonable under the circumstances. Utah criminal procedure also allows a criminal defendant to raise a claim of self-defense justification before trial, placing the burden on the state to prove by clear and convincing evidence that the defendant was not justified. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.
Research the Law
- Utah Law
- Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.
- Utah Protective Orders Laws
- Guns and Domestic Violence
- Gun Laws
For More Information, Contact an Attorney Licensed in Utah
Do you have more questions about Utah gun law? Are you facing a criminal charge related to firearms? Consider seeking legal advice to get answers. You can contact an attorney licensed in Utah who can provide detailed advice.
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Get tailored advice and ask your legal questions. Many Utah attorneys offer free consultations.
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