UTAH GUN CRIMES CRIMINAL DEFENSE ATTORNEY JAKE GUNTER. LET HIS NEARLY 20 YEARS EXPERIENCE WORK FOR YOU. CALL/TXT (801) 373-6345
76-10-503 Firearms Restricted person 20230701
FirearmrestrictionacknowledgementForm 2023063-
Charged with Being a Firearms Restricted Person in Utah? Felon in Possession?
Judges, prosecutors and the public do not like firearms crimes. Being charged as a Felony 3 firearms Restricted person can land you in jail, even on a first offense.
Who is Firearms Restricted in Utah?
The basic idea is that you can’t possess, hold, transfer or purchase guns. It goes even further to “Dangerous Weapons,” but that is for another blog post. Every American enjoys the United States 2nd Amendment until they do something that takes that right away and they become a gun restricted person.
Here is What Triggers you to Be a Gun Restricted Person.
A Category I restricted person is a person who:
(i). Convicted felon. (ii). On felony probation or parole. (iii). Is on parole from juvenile secure care (juvenile term for prison/jail); (iv). Convicted as a juvenile for a defined violent felony within the last 10 years; (v). Is illegally in this great county. (vi). Is on probation for schedule 1, or 2 drugs.
A Category II restricted person is a person who:
(i). Felony DV and New Convictions. Has been convicted of
(A). a domestic violence offense that is a felony; Or,
(B). a felony that is not a domestic violence offense or a violent felony and within seven years after completing the sentence for the conviction, has been convicted of or charged with another felony or class A misdemeanor; Or
(C). multiple felonies that are part of a single criminal episode and are not domestic violence offenses or violent felonies and within seven years after completing the sentence for the convictions, has been convicted of or charged with another felony or class A misdemeanor; or
(D). multiple felonies that are not part of a single criminal episode;
(ii). Felony DV. Within the last seven years has completed a sentence for:
(A). A conviction for a felony that is not a domestic violence offense or a violent felony; or
(B). Convictions for multiple felonies that are part of a single criminal episode and are not domestic violence offenses or violent felonies; and
(C). Within the last seven years and after the completion of a sentence for a conviction described in Subsection (1)(b)(ii)(A), has not been convicted of or charged with another felony or class A misdemeanor;
(iii). Juvenile Felony Conviction W/I 7 Years. Within the last seven years has been adjudicated delinquent for an offense which if committed by an adult would have been a felony. Read juvenile felony conviction.
(iv). Illegal Drug User. Using illegal drugs at time of arrest, or is in substance abuse treatment as defined in Section 58-37-2;
(v). Drugs and Guns. 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;
(vi). Insanity. Has been found not guilty by reason of insanity for a felony offense;
(vii). Mentally Incompetent. Has been found mentally incompetent to stand trial for a felony offense;
(viii). Mental Hospital. Has been adjudicated as mentally defective as provided in the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed to a mental institution;
(ix). Dishonorable Discharge. Has been dishonorably discharged from the United States armed forces. See your DD 214 or request it.
(x). Renounced USA Citizenship. Has renounced the individual’s citizenship after having been a citizen of the United States. Who would do that?
(xi). Subject to Protective Order. Is subject to a protective order involving an intimate partner. There are many types of criminal and civil protective orders in Utah.
(xii). Domestic Violence Convictions. Most domestic violence tagged convictions will render you a firearms restricted person. See the total list of all domestic violence tagged crimes at Utah Code 77-36-101 Definitions.
Where is the Firearms Restricted Person Statute Found?
Utah’s gun, or firearms restricted person statute is found at Utah Code 76-10-503. It details how you become a Category I or Category II restricted person.
The Utah Legislature has tried to get around the baseline federal gun restriction law. A close read of the ways expungements, time, or how 402 sentence reductions affect being a restricted person is well worth it.
Effect of Expungement on Felon in Possession Status
Being convicted of certain criminal offenses in Utah will make you a firearms restricted person. If you lawfully get an expungement for the Utah qualifying Utah conviction or from another state, that is supposed to un-restrict you. See Utah Code 76-10-503(1)(c)(ii) which reads:
As used in this section, a conviction for misdemeanor assault under Subsection (1)(b)(xii), does not include a conviction which, in accordance with the law of the jurisdiction in which the conviction occurred, has been expunged, set aside, reduced to an infraction by court order, pardoned, or regarding which the person’s civil rights have been restored, unless the pardon, reduction, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
This expungement provision at first glance does not appear to allow protective order expungements to work in the same manner.
What are the Penalties for First Time Weapons Possession in Utah?
A Category I restricted person who intentionally or knowingly agrees, consents, offers, or arranges to purchase, transfer, possess, use, or have under the person’s custody or control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under the person’s custody or control:
(a) a firearm is guilty of a second degree felony; or
(b) a dangerous weapon other than a firearm is guilty of a third degree felony.Criminal Forfeiture Law
A Category II restricted person who intentionally or knowingly purchases, transfers, possesses, uses, or has under the person’s custody or control:
(a) a firearm is guilty of a third degree felony; or
(b) a dangerous weapon other than a firearm is guilty of a class A misdemeanor.
If you are convicted you will likely have to forfeit the firearm involved in the incident. Even if the gun is someone else’s, it is likely that it will still be kept by the police.
10 Day Safe Harbor Provision to Transfer Guns Upon Being Restricted
Utah firearms restricted person statute has a temporary safe harbor provision built into the code where you can get rid of your guns before you become a restricted person. It basically gives you 10 days on some firearms to transfer them to a non-restricted person. A close read would be most appropriate if you are contemplating using this provision.
Firearms Restricted Persons Under Federal and Other State Laws
Often, if not always, if you are Utah firearms restricted person, you will also be a Federal firearms restricted person. You also may be firearms restricted in other states of the grand union. Utah’s firearms restricted person statute mirrors the federal gun prohibition statute.
Under our US Constitutional Supremacy Clause, Federal gun law establishes a baseline national standard regarding gun rights and possession. Federal law generally prohibits people from purchasing or possessing firearms if they are convicted felon or have certain domestic violence misdemeanors, or if they are subject to some protective orders or have a serious mental condition.
Main Federal Gun Restriction Law. 18 USC 922. One main federal firearm restricted statute is found at United States Code 18 USC 922(d) and reads:
It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person, including as a juvenile-
(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; [same as Utah law]
(2) is a fugitive from justice; [you are on the run, you have active warrants out for your arrest in any state]
(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); [same as Utah law]
(4) has been adjudicated as a mental defective or has been committed to any mental institution at 16 years of age or older; [same as Utah law]
(5) who, being an alien- [straight illegal and have been illegally in the United States are restricted. Same as Utah]
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who 2 has been discharged from the Armed Forces under dishonorable conditions; [same as Utah. See your DD214 to see how you were discharged]
(7) who, having been a citizen of the United States, has renounced his citizenship; [same as Utah. Who would renounce their citizenship???]
(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that-
(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
(B) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; [very similar to Utah]
(9) has been convicted in any court of a misdemeanor crime of domestic violence; [nearly 99.9 identical to Utah]
(10) intends to sell or otherwise dispose of the firearm or ammunition in furtherance of a felony, a Federal crime of terrorism, or a drug trafficking offense (as such terms are defined in section 932(a)); or
(11) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of paragraphs (1) through (10).
Firearm Restricted Acknowledgement
New to Utah law is that any time someone pleads guilty to a charge that will make them a firearms restricted person, they have to sign a firearms restriction acknowledgement. See the attached acknowledgement.
CALL/TXT UTAH GUN CRIMES ATTORNEY JAKE GUNTER AT (801) 373-6345 FOR A FREE PHONE CONSULT. FLEX PAYMENT PLANS. LET JAKE’S NEARLY 20 YEARS OF EXPERIENCE WORK FOR YOU
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