Utah Criminal Defense


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weapons guns firearms charges attorney UtahUtah Gun Charges are taken very seriously by prosecuting attorneys.  The use or presence of firearms, knives or other dangerous weapons can enhance the severity of your charges.   Getting gun charges dropped can often mean the difference between prison and jail.

Types of Utah Gun Charges: 

                Here are some common gun and weapon charges in Utah.

Carrying a Dangerous Weapon While Under the Influence of Drugs or Alcohol – Utah Code 76-10-528

Carrying a Loaded Firearm in a Vehicle – Utah Code  76-10-505

Carrying a Loaded Firearm on the Street – Utah Code  76-10-505

Altering Markings on a Pistol or Revolver – Utah Code  76-10-522

Carrying a Concealed Firearm – Utah Code  76-10-504

Possession of a Dangerous Weapon by a Minor – Utah Code  76-10-509

Possession of a Deadly Weapon with Criminal Intent – Utah Code  76-10-507

Gun Charges Attorney UtahDischarge of Firearm from a Vehicle – Utah Code  76-10-508

Felony Discharge of a Firearm – Utah Code  76-10-508.1

Possession of a Dangerous Weapon at an Airport – Utah Code  76-10-529

Sale of Firearms to a Juvenile – Utah Code  76-10-509.9

Unlawful Marking of a Pistol or Revolver – Utah Code  76-10-521

Possession of a Weapon on School Property – Utah Code  76-10-505.5

Possession of Firearms by Restricted Persons – Utah Code  76-10-503

Providing Firearms to a Violent Minor – Utah Code  76-10-509.6

Providing Weapons to a Minor – Utah Code  76-10-509.5

Using a Dangerous Weapon – Utah Code  76-10-506

                Utah Gun and Weapons Charges can have the Following Penalties and Probation Terms.  

                                                                  Class C Misdemeanors

Dangerous Weapon Charges Utah AttorneyJail Sentence – Up to 90 days.  No prison possible.

Fine – Up to $750

Class B Misdemeanors

Jail Sentence – Up to 6 months.  No prison possible.

Fine – Up to $1,000

Class A Misdemeanors

Jail Sentence – Up to 1 year.  No prison possible.

Fine – Up to $2,500

Third Degree Felonies

Prison Sentence – Up to 5 years.  Jail or probation sometimes possible.

Fine – Up to $5,000

Second Degree Felonies

Prison Sentence – 1 to 15 years.   Jail or probation sometimes possible.

Fine – Up to $10,000

First Degree Felonies

Prison Sentence – 5 years to life

Fine – Up to $10,000

When Firearms Or Dangerous Weapons Can Aggravate And Enhance Underlying Charges.

                When firearms, guns, knives or other dangerous weapons are involved, these aggravating factors can enhance your prison sentence or the severity of the charges.

Here are a few (but not all) Utah criminal charges which are aggravated with firearms or dangerous weapons are involved:

Aggravated Burglary.

                76-6-203.  Aggravated burglary.

(1)          A person is guilty of aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the crime:

(a)          causes bodily injury to any person who is not a participant in the crime;

(b)          uses or threatens the immediate use of a dangerous weapon against any person who is not a participant in the crime; or

(c)           possesses or attempts to use any explosive or dangerous weapon.

(2)          Aggravated burglary is a first degree felony.

(3)          As used in this section, “dangerous weapon” has the same definition as under Section 76-1-601.


Aggravated Kidnapping.

                76-5-302.  Aggravated kidnapping.

(1)          An actor commits aggravated kidnapping if the actor, in the course of committing unlawful detention or kidnapping:

(a)          uses or threatens to use a dangerous weapon as defined in Section 76-1-601;


Drug and Gun Crimes.

                76-10-528.  Carrying a dangerous weapon while under influence of alcohol or drugs unlawful.

(1)          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-502(1)(a) through (c); or

(b)          a controlled substance as defined in Section 58-37-2.


Sex Offenses:

76-5-405.  Aggravated sexual assault — Penalty.

(1)          A person commits aggravated sexual assault if:

(a)          in the course of a rape, object rape, forcible sodomy, or forcible sexual abuse, the actor:

(i)            uses, or threatens the victim with the use of, a dangerous weapon as defined in Section 76-1-601;


Aggravated Assault.  Basically a simple assault with the use of a dangerous weapon.

76-5-103.  Aggravated assault — Penalties.

(1)          Aggravated assault is an actor’s conduct:

(a)          that is:

(i)            an attempt, with unlawful force or violence, to do bodily injury to another;

(ii)           a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or

(iii)          an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and

(b)          that includes the use of: (i)a dangerous weapon as defined in Section 76-1-601;


76-3-203.8.  Increase of sentence if dangerous weapon used.  This statue basically enhances all crimes committed with the use of a dangerous weapons, regardless of whether they are drug, sex or assaultive crimes.

                Convicted Felons Can’t Possess Guns.

                In Utah convicted felons can’t possess a firearm.  See this more detailed article on restricted persons in Utah.    The primary law restricting convicted felons is Utah Code Ann. 76-10-503 (2021).  It details two categories of restricted persons who can’t own, use or possess firearms in Utah because of certain convictions.   Worth your read if you have criminal charges.

                Utah Legal Definition of Dangerous Weapons for Purposes of Restricted People.

                Utah defines dangerous weapons for purposes of convicted felons and their restricted status as follow.  It includes more than just guns and knives.

Dangerous weapon” means:

(i)            a firearm; or

(ii)           an object that in the manner of its use or intended use is capable of causing death or serious bodily injury.

Factors that can be used in determining whether an object is a dangerous weapon are.

(i)            the location and circumstances in which the object was used or possessed;

(ii)           the primary purpose for which the object was made;

(iii)          the character of the wound, if any, produced by the object’s unlawful use;

(iv)         the manner in which the object was unlawfully used;

(v)          whether the manner in which the object is used or possessed constitutes a potential imminent threat to public safety; and

(vi)         the lawful purposes for which the object may be used.

(c)           “Dangerous weapon” does not include an explosive, chemical, or incendiary device as defined by Section 76-10-306.  See Utah Code Ann 76-10-503 (2021) for the complete listing.

Domestic Violence Convictions:  You Can’t Own, Possess or Use Firearms.

                If you are convicted of a Utah domestic violence crime, you will never be able to possess, use or own firearms in any fashion.  There are about 20 difference domestic violence tagged crimes that carry a firearm prohibition.  It is federal law also.

Protective Orders of Domestic Abuse or Violence.  You Can’t Own, Possess or Use Firearms.

                There are a variety of protective orders under Utah and federal law.  All of them tend to absolutely restrict your use, possession or ownership of a firearm.  Most protective orders are very difficult to get rid of, therefore making your firearm ban very long and possible permanent.

Weapon and Gun Forfeiture after a Criminal Conviction.

                Utah law enforcement has the right to confiscate all firearms and tools of a crime under Utah’s criminal forfeiture laws.  Sometimes if you are found innocent, or as part of the plea deal you can get your firearms back after the resolution of the case.

UTAH GUN, FIREARMS AND WEAPONS CRIMINAL DEFENSE ATTORNEY Jake Gunter.  Call/TXT(801) 373-6345 for a free consultation.  Flex payment options.


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