Possession of a dangerous weapon by a restricted person utah 9 This bill amends provisions relating to the possession of a weapon. (b) Possession of a Gaulden was booked into the Cache County Jail on suspicion of one count of second-degree felony possession of a dangerous weapon by a restricted person, one count of second-degree felony pattern (a) threatens the use of a dangerous weapon; or (b) draws or exhibits a dangerous weapon. Utah has various laws that deal with the illegal possession of guns and other dangerous weapons. 94 Exemptions from Dangerous Weapons Provisions This bill would create an exemption to discharging a firearm or other dangerous weapon for an individual acting under a farm custom slaughter license if complying with current law. If you live in Utah you are subject to the laws dealing with firearms. 137 [(8)] (9) (a) A person may not sell, transfer, or otherwise dispose of any firearm or 138 dangerous weapon to any person, knowing that the recipient is a person described in 53-5c-301 Voluntary restrictions on firearm purchase and possession. ; Domestic violence: means the same as that term is defined in Section 77-36-1. Firearm restriction notification requirement. 2024 Utah Code Title 76 - Utah Criminal Code Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals Part 5 - Weapons Section 529 - Possession of firearms, other dangerous weapons, or explosives in airport secure areas prohibited -- Punishment limitations -- Reporting requirement. A firearm unless the minor has the permission of, or is accompanied by, a parent or guardian Utah Code Page 1 Effective 5/14/2019 76-10-506 Threatening with or using dangerous weapon in fight or quarrel. Possession of dangerous weapon by minor. 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; Miles, Mr. It is LEGAL to:. Section 76-10-505. Gaulden has been serving time in Utah since May for six charges of possession of a dangerous weapon by a restricted person and for a pattern of unlawful activity, potentially reducing his remaining sentence to approximately 12 months. Section 76-10-503. 135 (b) Subsection [(7)(a)] (8)(a) is not a defense to the use, purchase, or possession on the 136 person of a firearm or other dangerous weapon by a restricted person. Call To Speak with an Attorney 24/7: (801) 758-2328 you can be charged with a second degree felony. 369 (3) [A] Except as provided in Subsection (4), a Category II restricted person who 370 intentionally or knowingly purchases, transfers, possesses, uses, or has under the person's 371 350 North State, Suite 320 PO Box 145115 Salt Lake City, Utah 84114 Telephone: (801) 538-1408 https://senate. Under Utah Code § 76-10-503, there are two categories of people restricted from owning, possessing, transferring, or purchasing dangerous weapons, including swords and machetes. 29 (1) For purposes of this section: 30 (a) A Category I restricted person is a person who: 31 (i) has been convicted of a violent felony; 32 (ii) is on probation or parole for a felony; 33 (iii) is on parole from secure care, as defined in Section 80-1-102; 34 (iv) within the last 10 years has been adjudicated under Section 80-6-701 The “dangerous weapon” moniker becomes important when buying or obtaining a sword or machete because certain people are restricted from owning dangerous weapons. 7 Highlighted Provisions: 8 This bill: 9 makes a person a restricted person if the person has been found not guilty by reason of 10 insanity for any criminal offense not just a felony level offense; and 11 makes a person a restricted person if the person has been found mentally incompetent to 12 (8)(a) licensed under Utah Code 76-10-501; Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. 9. A Category II restricted person can be charged with a third-degree felony for having a firearm and a Class A misdemeanor for other dangerous weapons. 91 (8) (a) A person may not sell, transfer, or otherwise dispose of any firearm or 92 dangerous weapon to any person, knowing that the recipient is a person described in 93 Subsection (1)(a) or (b). 2022 Utah Code Title 76 - Utah Criminal Code Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals Part 5 - Weapons Section 529 - Possession of dangerous weapons, firearms, or explosives in airport secure areas prohibited -- Penalty. Codes and Statutes Utah Code Utah 2010 Title 76 — Utah Criminal Code Chapter 10 — Offenses Against Public Health, Safety, Welfare, And Morals 76-10-529 — Possession Of Dangerous Weapons, Firearms, Or Explosives In Airport Secure Areas Prohibited - YoungBoy Never Broke Again has been arrested in Utah on six charges, including possession of a dangerous weapon by a restricted person and for a pattern of unlawful activity - both Class 2 felony YoungBoy, whose real name is Kentrell DeSean Gaulden is currently facing six charges including “possession of a dangerous weapon by a restricted person” and a “pattern of unlawful activity (a) threatens the use of a dangerous weapon; or (b) draws or exhibits a dangerous weapon. 350 North State, Suite 350 PO Box 145030 Salt Lake City, Utah 84114 Telephone: (801) 538-1408 https://house. 120 (8) (a) A person may not sell, transfer, or otherwise dispose of any firearm or Utah Criminal Code UT ST Section 76-10-503. The following factors shall be used in determining Restrictions on possession, purchase, transfer, and ownership of dangerous weapons by certain persons. (b) Subsection (8)(a) is not a defense to the use, purchase, or possession on the person of a firearm or other dangerous weapon by a restricted person. The following is a list of restricted persons: Category I Restricted Person – These are people who have been convicted of a violent felony, are on probation or parole for any felony, Are you a firearms restricted person in Utah? Are you charged as a felon in possession of a gun. Providing Weapons to Minors – Utah Code § 76-10-509. Miles was arrested for possession of a dangerous weapon by a restricted 137 (v) is in possession of a dangerous weapon and is knowingly and intentionally in 138 unlawful possession of a Schedule I or II controlled substance as defined in Section 58-37-2; 139 (vi) has been found not guilty by reason of insanity for a felony offense; Justia U. 2024 Utah Code Title 76 - Utah Criminal Code Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals Part 5 - Weapons Section 505. 350 North State, Suite 320 PO Box 145115 Salt Lake City, Utah 84114 Telephone: (801) 538-1408 https://senate. (2) An individual requesting to be restricted under Subsection (1) may request placement on one of (c) "Restricted person" means an individual who is restricted from possessing, purchasing, transferring, or owning a firearm under Section 76-10-503. 137 [(8)] (9) (a) A person may not sell, transfer, or otherwise dispose of any firearm or 138 dangerous weapon to any person, knowing that the recipient is a person described in Utah Criminal Code § 76-10-503. contact jake; call/txt (801) 373-6345; 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 2021 Utah Code Title 76 - Utah Criminal Code Chapter 10 - Offenses Against Public Health, A person may not possess any dangerous weapon, firearm, or short barreled shotgun, as those terms are defined in Section 76-10-501, at a place that the person knows, or has reasonable cause to believe, is on or about school premises as defined in this (b) Subsection (7)(a) is not a defense to the use, purchase, or possession on the person of a firearm or other dangerous weapon by a restricted person. Terms Used In Utah Code 76-10-503. gov; Contact a Senator Introduction:Possession of a firearm by a restricted person is a serious offense in Utah, and it is crucial to be well-informed about the laws and potential consequences surrounding this offense. 5 - Possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises -- Penalties. 29 (1) For purposes of this section: 30 (a) A Category I restricted person is a person who: 31 (i) has been convicted of a violent felony; 32 (ii) is on probation or parole for a felony; 33 (iii) is on parole from secure care, as defined in Section 80-1-102; Utah Firearm Laws 76-10-505. (4) This section does not apply to an individual listed in Subsections 76-10-523(1)(a) through (f) in performance of the individual's duties. (v) unless a different time is ordered by the court, was transferred within 10 days of the person becoming a restricted person. (1) For purposes of this section: (a) A Category I restricted person is a person who: 350 North State, Suite 320 PO Box 145115 Salt Lake City, Utah 84114 Telephone: (801) 538-1408 https://senate. 5; (ii) is on probation or parole for any felony; Justia U. 2. 4. Restrictions on possession, purchase, transfer, and ownership of dangerous weapons by certain persons. Purchase a firearm as a gift for a minor; Sell a firearm to a minor ONLY if the minor is accompanied by a parent or guardian as described in 76-10-509. Let’s talk about how Restricted Persons. This includes having custody or control over any such weapons. 123 (8) (a) A person may not sell, transfer, or otherwise dispose of any firearm or 124 dangerous weapon to any person, knowing that the recipient is a person described in Section 76-10-503 - Restrictions on possession, purchase, transfer, and ownership of dangerous weapons by certain persons - Exceptions (1) For purposes of this section: (a) A Category I restricted person is a person who: (i) has been convicted of a violent felony; (ii) is on probation or parole for a felony; (iii) is on parole from secure care, as defined in Section 80-1-102; (iv) within dangerous weapons. See Utah Code 76-10-501; Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) Salt Lake City weapons defense lawyer Darwin Overson examines weapons possession laws in Utah and the penalties for possessing a weapon. It is also a crime for an individual 28 dangerous weapons by certain persons -- Exceptions. gov; Contact a Senator Still, Utah law does restrict that can have a gun, whether it might be filled or otherwise, and where weapons might be possessed. If you are a restricted person and own a dangerous weapon that is not a gun, you can be convicted of a third degree (b) Subsection (7)(a) is not a defense to the use, purchase, or possession on the person of a firearm or other dangerous weapon by a restricted person. (8) (a) A person may not sell, transfer, or otherwise dispose of any firearm or dangerous weapon to any person, knowing that the recipient is a person described in Subsection (1)(a) or (b). Under Utah Code § 76-10-503(1), certain people with criminal histories or other red flags in their backgrounds might be restricted from possessing any dangerous weapons, even for Under section 76-10-503(1)(b), any person who has been convicted of any felony, or meets another specified criteria, is a Category II restricted person. ] 150 [(5)] (4) A person may be subject to the restrictions of both categories at the same time. (b) Subsection (7)(a) is not a defense to the use, purchase, or possession on the person of a firearm or other dangerous weapon by a restricted person. The severity depends on the offender’s classification. Effective 5/5/2021 76-10-503. (8)(a) It is an affirmative defense to transferring a firearm or other dangerous weapon 157 by a person restricted under Subsection (2) or (3) that the firearm or dangerous 158 weapon: 159 (i) was possessed by the person or was under the person's custody or control before 160 the person became a restricted person; 161 121 (b) Subsection (7)(a) is not a defense to the use, purchase, or possession on the person 122 of a firearm or other dangerous weapon by a restricted person. Law U. The second element of this offense is that the weapon’s owner had intent to use the weapon to aid in the commission of a crime. § 58-37-4. S. 10 Highlighted Provisions: 11 This bill: 12 < amends the definition of a restricted person in possession of a dangerous weapon 13 and a controlled substance; and 14 < reduces the penalty, in certain circumstances, for a restricted person in possession of 15 marijuana. (b) "Possess" means actual physical possession, actual or purported ownership, or exercising control of an item. Utah’s relaxed gun laws mean that the question of legal possession does not really turn on whether you have a permit, like in some states, but if you are a “restricted person” under Utah Code § 76-10-503. 7 In 2012, Utah repealed its prohibition against firearm possession by a person currently under indictment for a felony. ; Firearm: means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a device that could be used as a dangerous weapon from which Section 76-10-529 - Possession of dangerous weapons, firearms, or explosives in airport secure areas prohibited - Penalty (1) (a) As used in this section: (i) "Airport authority" has the same meaning as defined in Section 72-10-102. Section 76-10-509. ; Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. The severity depends on the 76-10-503 Restrictions on possession, purchase, transfer, and ownership of dangerous weapons by certain persons -- Exceptions. (iii) "Law enforcement officer" means the is an unlawful user of a controlled substance as defined by Utah Code Ann. Possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises – Penalties. We still do not recommend this; It is ILLEGAL for a minor to be in possession of:. 1. – PASSED: Rep. utleg. YoungBoy Never Broke Again has been arrested in Utah on six charges, including possession of a dangerous weapon by a restricted person and for a pattern of unlawful activity — both Class 2 135 (b) Subsection [(7)(a)] (8)(a) is not a defense to the use, purchase, or possession on the 136 person of a firearm or other dangerous weapon by a restricted person. gov; Contact a Senator Restrictions on possession, purchase, transfer, and ownership of dangerous weapons by certain persons -- Exceptions. Codes and Statutes Utah Code 2012 Utah Code Title 76 - Utah Criminal Code Article 10 - Offenses Against Public Health, Safety, Welfare, and Morals Section 503 - Restrictions on possession, purchase, transfer, and ownership of dangerous weapons by A Category I restricted person in possession of a firearm can be charged with a second-degree felony and a third-degree felony for any other dangerous weapons. On appeal, Defendant argued that his pocketknife did not qualify as a dangerous weapon under the statutory definition of "dangerous 147 [(c) the person is in possession of a valid hunting license or permit; and] 148 [(d) the possession, use, or control of the firearm or dangerous weapon is directly 149 related to the lawful hunting or sporting purposes described in Subsection (4)(b). A weapon possession offense can involve several different circumstances. 5 and § 76-10-509. Possession of a Dangerous Weapon by a Minor – Utah Code 76-10-509 It is a class B misdemeanor for any person to carry a dangerous weapon while under the influence of: (a) alcohol as determined by the person’s blood or breath alcohol concentration in accordance with Subsections 41-6a Possession of a Dangerous Weapon with Intent to Commit Assault – Utah Code § 76-10-507: Any person who has a dangerous weapon on their person with the intent to commit assault against another person can be convicted of a class A misdemeanor. Amended by Chapter 39, 2019 General Session Amended by Chapter 201, 2019 General Session Gaulden has been serving time in Utah since May for six charges of possession of a dangerous weapon by a restricted person and for a pattern of unlawful activity, potentially reducing his remaining sentence to approximately 12 months. (ii) "Explosive" is the same as defined for "explosive, chemical, or incendiary device" in Section 76-10-306. Firearm restriction notification requirement of the criminal penalties associated with possession of a firearm by a restricted person of the same category the defendant will become upon entering a plea for the criminal charge; and of the criminal penalties associated with possession of a firearm by a Felipe and Sorber-Petri were each arrested for investigation of obstruction of justice, possession of a controlled substance and being a restricted person in the transaction of a firearm. (9)(a) A person may not sell, transfer, or otherwise dispose of a firearm or dangerous weapon to a person, knowing that the recipient is a person described in Subsection (1)(a) or (b). B. Unlawful firearm possession by a restricted person in Utah carries severe legal consequences, often leading to felony or misdemeanor charges. MORE: The 28 dangerous weapons by certain persons -- Exceptions. 118 (b) Subsection (7)(a) is not a defense to the use, purchase, or possession on the person 119 of a firearm or other dangerous weapon by a restricted person. Utah Code 76-10-503 criminalizes possession of a “dangerous weapon” by a restricted person. Possession of a dangerous weapon, firearm, or sawed-off shotgun on or about school premises — Penalties (SS)purchase or possession of a dangerous weapon or handgun by a restricted person as described in Section 76-10-503; (TT)aggravated exploitation of prostitution as described in Subsection 76-10-1306(1)(a); (UU)bus hijacking as described in Section 76-10-1504; and (VV)discharging firearms and hurling missiles as described in Section 76-10-1505; or PENALTIES FOR FIRST TIME WEAPON POSSESSION IN UTAH. (1) As used in this section: (a) "Dangerous weapon" means an item that in the manner of its use or intended use is capable of causing death or serious bodily injury. (1) A minor under 18 years of age may not possess a dangerous weapon unless he: In 2024, a plea deal was given – and Gill dismissed the gun charges which included two first-degree felonies for discharge of a firearm, and possession of a dangerous weapon by a restricted Carrying a Concealed Firearm – Utah Code 76-10-504. Roberts, Calvin (Republican) 2/27/2025, House/ enrolled bill to Printing: Clerk of the House 90 of a firearm or other dangerous weapon by a restricted person. 76-10-509. Amended by Chapter 39, 2019 General Session Amended by Chapter 201, 2019 General Session H. 1 - Firearm restriction notification requirement (1) As used in this section: (a) "Peace officer" means an officer described Section 53-13-102. 76-10-505. Anyone who is in possession of a dangerous weapon and is knowingly and intentionally in unlawful possession of a Schedule I or II controlled substance; transferring, possessing, or using a firearm by a restricted person for a free consultation. If you are a restricted person and own a dangerous weapon that is not a gun, you can be convicted of a (b) Subsection (7)(a) is not a defense to the use, purchase, or possession on the person of a firearm or other dangerous weapon by a restricted person. Justia Free Databases of U. 5. If a restricted person has a weapon, even for self-defense, they might face criminal penalties. Defendant was convicted under section 76-10-503 for having a pocketknife among his personal belongings, which he carried with him in a shopping cart. gov; Contact a Representative (3) 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 (3) A Category II restricted person who intentionally or knowingly purchases, transfers, possesses, uses, or has under the person's custody or control: (a) any firearm is guilty of a Unlawful firearm possession by a restricted person in Utah carries severe legal consequences, often leading to felony or misdemeanor charges. . 76-10-504. Carrying concealed dangerous weapon — Penalties. (8) Justia Free Databases of U. (1) For purposes of this section: (a) A Category I restricted (3) A Category II restricted person who purchases, transfers, possesses, uses, or has under his custody or control: (a) any firearm is guilty of a third degree felony; or (b) any dangerous (1)(b)(v) 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; Some people who have committed certain offenses in the past are restricted from possessing, purchasing, transferring and owning dangerous weapons, including firearms under Utah Code (c) "Restricted person" means an individual who is restricted from possessing, purchasing, transferring, or owning a firearm under Section 76-10-503. 94 (b) A person who violates Subsection (8)(a) when the recipient is: In Utah, the law forbids restricted individuals from buying, transferring, possessing, or using firearms or dangerous weapons. 2010 Utah Code Title 76 - Utah Criminal Code Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals 76-10-509 - Possession of dangerous weapon by minor. gov; Contact a Senator YoungBoy Never Broke Again has been arrested in Utah on six charges, including possession of a dangerous weapon by a restricted person and for a pattern of unlawful activity — both Class 2 Justia Free Databases of U. the firearm may only be used by a government employee in accordance with 13 government policy; 14 amends offenses related to a restricted person in possession of a dangerous weapon to 15 include ammunition; 16 makes possession of a firearm on which the identifying marks have been altered or 17 removed a crime; 18 Section 76-10-503. Read the code on FindLaw is in possession of a dangerous weapon and is knowingly and intentionally in unlawful possession of a Schedule I or II controlled substance as It is an affirmative defense to transferring a firearm or other dangerous weapon by a person restricted under Subsection (2 2021 Utah Code Title 76 - Utah Criminal Code Chapter 10 - Offenses Against Public Health, Safety, any person carrying a dangerous weapon in the person's residence or the residence of another with the consent of the individual who is lawfully in possession; or (d) a person under the influence of cannabis or a cannabis product, as those terms Additionally, a person who has been convicted of a crime for which the penalty was enhanced due to the offense being “gang-related” may not possess a firearm or ammunition within a minimum of five years after the conviction. (2) A defendant intending to plead guilty or no contest to a criminal charge that will, upon conviction, cause the defendant to become a restricted person shall, before entering a plea before a While the name of the offense refers to deadly weapons, the body of the statute addresses dangerous weapons. In this blog post, we will discuss the key aspects of possessing a firearm as a restricted person in Utah, including the legal framework and the steps to take if you find 367 (a) [any] a firearm is guilty of a second degree felony; or 368 (b) [any] a dangerous weapon other than a firearm is guilty of a third degree felony. Laws, Codes & Statutes. (1) An individual who is not a restricted person under Section 76-10-503 may voluntarily request to be restricted from the purchase or possession of firearms. (1) As used in this section: (a) "Restricted person" means an individual who is restricted from possessing, purchasing, transferring, or owning a firearm under Section 76-10-503. Some weapon possession criminal offenses punish you for having a weapon without a certificate. Attorney Jake Gunter, call/TXT (801) 373-6345. Gun Crimes (Possession of a Dangerous Weapon; Felon in Possession of a Firearm; Carrying Loaded Firearm in Car or on Street) Gun Crimes Defense Attorney Lehi, UT Hoyer Law Firm 51 E Main Street Lehi, 2020 Utah Code Title 76 - Utah Criminal Code Chapter 10 - Offenses Against Public Health, A person may not possess any dangerous weapon, firearm, or short barreled shotgun, as those terms are defined in Section 76-10-501, at a place that the person knows, or has reasonable cause to believe, is on or about school premises as defined in this She was charged in 2021 with first-degree murder, first-degree aggravated robbery and possession of a dangerous weapon by a restricted person for her part in the March 11, 2020, killing. 6 6 Cite as: 2019 UT 25 Opinion of the Court (b) Subsection (7)(a) is not a defense to the use, purchase, or possession on the person of a firearm or other dangerous weapon by a restricted (b) Subsection (7)(a) is not a defense to the use, purchase, or possession on the person of a firearm or other dangerous weapon by a restricted person. Others punish people for having a weapon based upon that they are or their criminal background. possession of a dangerous weapon by a restricted person, and use or possession of (b) Subsection (8)(a) is not a defense to the use, purchase, or possession on the person of a firearm or other dangerous weapon by a restricted person. If you have been deemed a restricted person for a past crime, it is illegal to possess a firearm in your car. Conviction: A judgement of guilt against a criminal defendant. utah. 76-10-503. The term “deadly weapon” is not defined under Utah Code § 76-1-601. Carrying loaded firearm in vehicle or on street. 76-10-503 - Restrictions on possession, purchase, transfer, and ownership of dangerous weapons by certain persons. (c) "Restricted person" means an individual who is restricted from possessing, purchasing, Certain people might be restricted from carrying or owning weapons. Possession of a dangerous weapon, firearm, or sawed- Penalties. Category I restricted persons, including those with violent felony convictions, face a second-degree felony if caught with a firearm, punishable by Carrying a dangerous weapon while under influence of alcohol or drugs unlawful. 2020 Utah Code Title 76 - Utah Criminal Code Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals Part 5 - Weapons Section 529 - Possession of dangerous weapons, firearms, or explosives in airport secure areas prohibited -- Penalty. Additionally, federal laws impose even harsher penalties for firearm possession, often more severe than those under Utah law. 9: A person can be The Utah County Sheriff's Office has arrested a father and son in connection to a massive drug bust in Provo. (1) A person may not possess any dangerous weapon, firearm, or sawed-off shotgun, as those terms are defined in Section 76-10-501, at a Possession of a dangerous weapon on or about school premises is a class B misdemeanor. (1) It is a class B misdemeanor for an actor to carry a dangerous weapon while under the influence of: (a) alcohol as determined by the actor's blood or breath alcohol concentration in accordance with Subsections 41-6a-502(1)(a) through (c); or 117 person becoming a restricted person. (9) (a) A person may not sell, transfer, or otherwise dispose of a firearm or dangerous weapon to a person, knowing that the recipient is a person described in Subsection (1)(a) or (b). Restrictions on possession, purchase, transfer, and ownership of dangerous weapons by certain persons – Exceptions. (iii) will be in violation of (3) 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 Some people who have committed certain offenses in the past are restricted from possessing, purchasing, transferring and owning dangerous weapons, including firearms under Utah Code § 76-10-503. Being “Around” Guns: The Risks A minor is a person under 18 years old. (1) For purposes of this section: (a) A Category I restricted person is a person who: (i) has been convicted of any violent felony as defined in Section 76-3-203. derau prma czyir xldsug ctboi fttmjyk mksd sonssplh bmgy klnlb qhqvt gykq ejewd iimrzj falizod