Utah Gun Law
The laws governing the legal use, storage and carrying of firearms are constantly changing. Below are the applicable laws in the State of as of 4/10/2013. The below information is designed to be a guide and not the final word. If you have specific questions, please refer to the State of Utah legislation at le.utah.gov/UtahCode . Another great resource is the Utah Department of Public Safety.
53-5-704. Bureau duties -- Permit to carry concealed firearm -- Certification for concealed firearms instructor -- Requirements for issuance -- Violation -- Denial, suspension, or revocation -- Appeal procedure.
(1)(a) The bureau 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, unless the bureau finds proof that the applicant does not meet the qualifications set forth in Subsection (2).
(b) The permit is valid throughout the state for five years, without restriction, except as otherwise provided by Section 53-5-710.
(c) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not apply to a person issued a permit under Subsection (1)(a).
(2)(a) The bureau may deny, suspend, or revoke a concealed firearm permit if the applicant or permit holder:
- has been or is convicted of a felony;
- has been or is convicted of a crime of violence;
- has been or is convicted of an offense involving the use of alcohol;
- has been or is convicted of an offense involving the unlawful use of narcotics or other controlled substances;
- has been or is convicted of an offense involving moral turpitude;
- has been or is convicted of an offense involving domestic violence;
- has been or is adjudicated by a state or federal court as mentally incompetent, unless the adjudication has been withdrawn or reversed; and
- is not qualified to purchase and possess a firearm pursuant to Section 76-10-503 and federal law.
(b) In determining whether an applicant or permit holder meets the qualifications set forth in Subsection (2)(a), the bureau shall consider mitigating circumstances.
(3)(a) The bureau may deny, suspend, or revoke a concealed firearm permit if it has reasonable cause to believe that the applicant or permit holder has been or is a danger to self or others as demonstrated by evidence, including:
- past pattern of behavior involving unlawful violence or threats of unlawful violence;
- past participation in incidents involving unlawful violence or threats of unlawful violence; or
- conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons.
(b) The bureau may not deny, suspend, or revoke a concealed firearm permit solely for a single conviction of an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
(c) In determining whether the applicant or permit holder has been or is a danger to self or others, the bureau may inspect:
- expunged records of arrests and convictions of adults as provided in Section 77-40-109; and
- juvenile court records as provided in Section 78A-6-209.
NON-RESIDENT PERMIT
53-5-704. (4)(a) In addition to meeting the other qualifications for the issuance of a concealed firearm permit under this section, a nonresident applicant who resides in a state that recognizes the validity of the Utah permit or has reciprocity with Utah's concealed firearm permit law shall:
hold a current concealed firearm or concealed weapon permit issued by the appropriate permitting authority of the nonresident applicant's state of residency; and
submit a photocopy or electronic copy of the nonresident applicant's current concealed firearm or concealed weapon permit referred to in Subsection (4)(a)(i).
(b) A nonresident applicant who knowingly and willfully provides false information to the bureau under Subsection (4)(a) is prohibited from holding a Utah concealed firearm permit for a period of 10 years.
(c) Subsection (4)(a) applies to all applications for the issuance of a concealed firearm permit that are received by the bureau after May 10, 2011.
(d) Beginning January 1, 2012, Subsection (4)(a) also applies to an application for renewal of a concealed firearm permit by a nonresident.
(5) The bureau shall issue a concealed firearm permit to a former peace officer who departs full-time employment as a peace officer, in an honorable manner, within five years of that departure if the officer meets the requirements of this section.
(6) Except as provided in Subsection (7), the bureau shall also require the applicant to provide:
(a) the address of the applicant's permanent residence;
(b) one recent dated photograph;
(c) one set of fingerprints; and
(d) evidence of general familiarity with the types of firearms to be concealed as defined in Subsection (8).
(7) An applicant who is a law enforcement officer under Section 53-13-103 may provide a letter of good standing from the officer's commanding officer in place of the evidence required by Subsection (6)(d).
TRAINING REQUIRMENT
(8)(a) General familiarity with the types of firearms to be concealed includes training in:
- the safe loading, unloading, storage, and carrying of the types of firearms to be concealed; and
- current laws defining lawful use of a firearm by a private citizen, including lawful self-defense, use of force by a private citizen, including use of deadly force, transportation, and concealment.
(b) An applicant may satisfy the general familiarity requirement of Subsection (8)(a) by one of the following:
(i) completion of a course of instruction conducted by a national, state, or local firearms training organization approved by the bureau;
- certification of general familiarity by a person who has been certified by the bureau, which may include a law enforcement officer, military or civilian firearms instructor, or hunter safety instructor; or
- equivalent experience with a firearm through participation in an organized shooting competition, law enforcement, or military service.
(c) Instruction taken by a student under Subsection (8) shall be in person and not through electronic means.
(9)(a) An applicant for certification as a Utah concealed firearms instructor shall:
- be at least 21 years of age;
- be currently eligible to possess a firearm under Section 76-10-503;
- have:
(A) completed a firearm instruction training course from the National Rifle Association or the Department of Public Safety, Division of Peace Officer Safety Standards and Training; or
(B) received training equivalent to one of the courses referred to in Subsection (8)(a)(iii)(A) as determined by the bureau;
- have taken a course of instruction and passed a certification test as described in Subsection (9)(c); and
- possess a Utah concealed firearm permit.
(b) An instructor's certification is valid for three years from the date of issuance, unless revoked by the bureau.
(c)(i) In order to obtain initial certification or renew a certification, an instructor shall attend an instructional course and pass a test under the direction of the bureau.
(ii)(A) The bureau shall provide or contract to provide the course referred to in Subsection (9)(c)(i) twice every year.
(B) The course shall include instruction on current Utah law related to firearms, including concealed carry statutes and rules, and the use of deadly force by private citizens.
(d)(i) Each applicant for certification under this Subsection (9) shall pay a fee of $50.00 at the time of application for initial certification.
(ii) The renewal fee for the certificate is $25.
(iii) The bureau may use a fee paid under Subsections (9)(d)(i) and (ii) as a dedicated credit to cover the cost incurred in maintaining and improving the instruction program required for concealed firearm instructors under this Subsection (9).
(10) A certified concealed firearms instructor shall provide each of the instructor's students with the required course of instruction outline approved by the bureau.
(11)(a) A concealed firearms instructor shall provide a signed certificate to a person successfully completing the offered course of instruction.
The instructor shall sign the certificate with the exact name indicated on the instructor's certification issued by the bureau under Subsection (9).
(A) The certificate shall also have affixed to it the instructor's official seal, which is the exclusive property of the instructor and may not be used by any other person.
(B) The instructor shall destroy the seal upon revocation or expiration of the instructor's certification under Subsection (9).
(C) The bureau shall determine the design and content of the seal to include at least the following:
- the instructor's name as it appears on the instructor's certification;
- the words "Utah Certified Concealed Firearms Instructor," "state of Utah," and "my certification expires on (the instructor's certification expiration date)"; and
- the instructor's business or residence address.
(D) The seal shall be affixed to each student certificate issued by the instructor in a manner that does not obscure or render illegible any information or signatures contained in the document.
(b) The applicant shall provide the certificate to the bureau in compliance with Subsection (6)(d).
(12) The bureau may deny, suspend, or revoke the certification of an applicant or a concealed firearms instructor if it has reason to believe the applicant or the instructor has:
(a) become ineligible to possess a firearm under Section 76-10-503 or federal law; or
(b) knowingly and willfully provided false information to the bureau.
(13) An applicant for certification or a concealed firearms instructor has the same appeal rights as set forth in Subsection (16).
(14) In providing instruction and issuing a permit under this part, the concealed firearms instructor and the bureau are not vicariously liable for damages caused by the permit holder.
(15) An individual who knowingly and willfully provides false information on an application filed under this part is guilty of a class B misdemeanor, and the application may be denied, or the permit may be suspended or revoked.
(16)(a) In the event of a denial, suspension, or revocation of a permit, the applicant or permit holder may file a petition for review with the board within 60 days from the date the denial, suspension, or revocation is received by the applicant or permit holder by certified mail, return receipt requested.
(b) The bureau's denial of a permit shall be in writing and shall include the general reasons for the action.
(c) If an applicant or permit holder appeals the denial to the review board, the applicant or permit holder may have access to the evidence upon which the denial is based in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
(d) On appeal to the board, the bureau has the burden of proof by a preponderance of the evidence.
(e)(i) Upon a ruling by the board on the appeal of a denial, the board shall issue a final order within 30 days stating the board's decision.
(ii) The final order shall be in the form prescribed by Subsection 63G-4-203(1)(i).
(iii) The final order is final bureau action for purposes of judicial review under Section 63G-4-402.
(17) The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to administer this chapter.
53-5-705. Temporary permit to carry concealed firearm -- Denial, suspension, or revocation -- Appeal.
(1) The bureau or its designated agent may issue a temporary permit to carry a concealed firearm to a person who:
(a) has applied for a permit under Section 53-5-704;
(b) has applied for a temporary permit under this section; and
(c) meets the criteria required in Subsections (2) and (3).
(2) To receive a temporary permit under this section, the applicant shall demonstrate in writing to the satisfaction of the bureau extenuating circumstances that would justify issuing a temporary permit.
(3) A temporary permit may not be issued under this section until preliminary record checks regarding the applicant have been made with the National Crime Information Center and the bureau to determine any criminal history.
(4)(a) A temporary permit is valid only for a maximum of 90 days or any lesser period specified by the bureau, or until a permit under Section 53-5-704 is issued to the holder of the temporary permit, whichever period is shorter.
(b) The provisions of Subsections 76-10-504(1) and (2) and Section 76-10-505 do not apply to a person issued a temporary permit under this section during the time period for which the temporary permit is valid.
(5) The bureau may deny, suspend, or revoke a temporary permit prior to expiration if the commissioner determines:
(a) the circumstances justifying the temporary permit no longer exist; or
(b) the holder of the temporary permit does not meet the requirements for a permit under Section 53-5-704.
(6)(a) The denial, suspension, or revocation of a temporary permit shall be in writing and shall include the reasons for the action.
(b) The bureau's decision to deny, suspend, or revoke a temporary permit may not be appealed to the board.
(c) Denial, suspension, or revocation under this subsection is final action for purposes of judicial review under Section 63G-4-402.
53-5-706. Permit -- Fingerprints transmitted to bureau -- Report from bureau.
(1)(a) Except as provided in Subsection (2), the fingerprints of each applicant shall be taken on a form prescribed by the bureau.
(b) Upon receipt of the fingerprints and the fee prescribed in Section 53-5-707, the bureau shall conduct a search of its files for criminal history information pertaining to the applicant, and shall request the Federal Bureau of Investigation to conduct a similar search through its files.
(c) If the fingerprints are insufficient for the Federal Bureau of Investigation to conduct a search of its files for criminal history information, the application or concealed firearm permit may be denied, suspended, or revoked until sufficient fingerprints are submitted by the applicant.
(2)(a) If the permit applicant has previously applied to the bureau for a permit to carry concealed firearms, the bureau shall note the previous identification numbers and other data which would provide positive identification in the files of the bureau on the copy of any subsequent permit submitted to the bureau in accordance with this section.
(b) No additional application form, fingerprints, or fee are required under this Subsection (2).
53-5-707. Concealed firearm permit -- Fees -- Disposition.
(1)(a) Each applicant for a concealed firearm permit shall pay a fee of $29.75 at the time of filing an application, except that a nonresident applicant shall pay an additional $5 for the additional cost of processing a nonresident application.
(b) The bureau shall waive the initial fee for an applicant who is a law enforcement officer under Section 53-13-103.
(2) The renewal fee for the permit is $15.
(3) The replacement fee for the permit is $10.
(4) (a) The late fee for the renewal permit is $7.50.
(b) As used in this section, "late fee" means the fee charged by the bureau for a renewal submitted on a permit that has been expired for more than 30 days but less than one year.
(5) The bureau shall use the fees collected under Subsections (1), (2), (3), and (4) as a dedicated credit to cover the costs of issuing concealed firearm permits under this part.
(6) (a) The bureau may collect any fees charged by an outside agency for additional services required by statute as a prerequisite for issuance of a permit.
(b) The bureau may modify the fee under Subsection (1)(a) by adjusting that fee so that the total of the fee under Subsection (1)(a) and the fee under Subsection (6)(a) is the nearest even dollar amount to that total.
(c) The bureau shall promptly forward any fees collected under Subsection (6)(a) to the appropriate agency.
(7) The bureau shall make an annual report in writing to the Legislature's Law Enforcement and Criminal Justice Interim Committee on the amount and use of the fees collected under this section.
53-5-711. Law enforcement officials and judges -- Training requirements -- Qualification -- Revocation.
(1) For purposes of this section and Section 76-10-523:
(a) "Judge" means a judge or justice of a court of record or court not of record, but does not include a judge pro tem or senior judge.
(b) "Law enforcement official of this state" means:
- a member of the Board of Pardons and Parole;
- a district attorney, deputy district attorney, county attorney or deputy county attorney of a county not in a prosecution district;
- the attorney general;
- an assistant attorney general designated as a criminal prosecutor; or
- a city attorney or a deputy city attorney designated as a criminal prosecutor.
(2) To qualify for an exemption in Section 76-10-523, a law enforcement official or judge shall complete the following training requirements:
(a) meet the requirements of Sections 53-5-704, 53-5-706, and 53-5-707; and
(b) successfully complete an additional course of training as established by the commissioner of public safety designed to assist them while carrying out their official law enforcement and judicial duties as agents for the state or its political subdivisions.
(3) Annual requalification requirements for law enforcement officials and judges shall be established by the:
(a) Board of Pardons and Parole by rule for its members;
(b) Judicial Council by rule for judges; and
(c) the district attorney, county attorney in a county not in a prosecution district, the attorney general, or city attorney by policy for prosecutors under their jurisdiction.
(4) The bureau may:
(a) issue a certificate of qualification to a judge or law enforcement official who has completed the requirements of Subsection (1), which certificate of qualification is valid until revoked;
(b) revoke the certificate of qualification of a judge or law enforcement official who fails to meet the annual requalification criteria established pursuant to Subsection (3); and
(c) certify instructors for the training requirements of this section.
76-10-523. Persons exempt from weapons laws.
(1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to any of the following:
(a) a United States marshal;
(b) a federal official required to carry a firearm;
(c) a peace officer of this or any other jurisdiction;
(d) a law enforcement official as defined and qualified under Section 53-5-711;
(e) a judge as defined and qualified under Section 53-5-711;
(f) a common carrier while engaged in the regular and ordinary transport of firearms as merchandise; or
(g) a nonresident traveling in or through the state, provided that any firearm is:
(i) unloaded; and
(ii) securely encased as defined in Section 76-10-501.
(2) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not apply to any person to whom a permit to carry a concealed firearm has been issued:
(a) pursuant to Section 53-5-704; or
(b) by another state or county.
OFF LIMITS
It is unlawful for a person with a firearm permit to carry a concealed firearm in the following locations:
Any secure area in which firearms are prohibited and notice of the prohibition is posted
A secure area of an airport
Any courthouse, churches if posted, mental health facility or correctional facility that 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.
A concealed weapon permit is not a defense to prosecution for any person who carries a weapon while under the influence of alcohol or a controlled substance.
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 without a permit.
It is unlawful to carry a firearm while under the influence of alcohol or a controlled substance with or without a permit.
TRANSPORTING FIREARMS
A person may not carry a loaded weapon in a vehicle unless they have a valid permit to carry or:
They are at least 18 years old and
Has lawful possession of the vehicle or consent of the person who has lawful possession of the vehicle and
The weapon is not a rifle, shotgun or muzzle-loading rifle
It is lawful for a person with a concealed firearms permit to carry a firearm into a bus terminal.
It is lawful for a person with a concealed firearm permit to board a bus or a train or enter a terminal with a firearm upon their person or effects. This also applies to law enforcement officers or commercial security personnel with firearms used in their employment.
RECIPROCITY
In accordance with U.C.A. 76-10-523, Utah will honor a permit to carry a concealed firearm issued by any other state or county.
Of the states below that have formalized reciprocity or recognition with Utah, there are some states that will only accept the Utah concealed firearm permit so long as the permit holder is a resident of Utah.
It is the responsibility of all Utah concealed firearm permit holders to know and understand the applicable firearm laws of the states within which they plan to visit or venture. For information regarding firearm laws of other states, please contact the respective authority within that state
Although there are many states that will recognize the Utah concealed firearm permit, the State of Utah has formal reciprocity with the following states.
Alabama, Alaska, Colorado, Florida, Georgia, Louisiana, Mississippi, New Hampshire, North Carolina, North Dakota, Ohio, South Dakota, Texas, Virginia, Washington State, West Virginia
The Utah Resident Concealed Weapon Permit is honored by the states listed below:
Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
The Utah Non-Resident Concealed Weapon Permit is honored by the states listed below:
Alabama, Alaska, Arizona, Arkansas, Delaware, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming