Utah is a great place for the Second Amendment and Freedom.
Utah’s concealed carry law is called the Utah Concealed Firearm Act and is found at Utah Code 53-5-7 (2024)Concealed Denial Suspension Appeal C53-5-S704 20240622.
Criminal Convictions that May Suspend your Concealed Permit in Utah. The Bureau of Criminal Identification (A Bureau of the Department of Public Safety) issues concealed firearms permits. BCI may deny, suspend, or revoke a concealed firearm permits if the applicant or permit holder:
(i) Felonies. Has been or is convicted of a felony; [this makes you a federal and state restricted person under 18 USC 922 and Utah Code 76-10-503.]
(ii) Violent Crime. Has been or is convicted of a crime of violence; [likely any assaultive, unlawful use of force, child abuse or sexual abuse convictions will qualify as a crime of violence]
(iii) Alcohol Crimes. Has been or is convicted of an offense involving the use of alcohol; [DUIs, Impaired Driving, minor in possession, open container are a few of the many alcohol crimes in Utah. See this blog on “All Alcohol Crimes in Utah.”]
(iv) Drug Crimes. Has been or is convicted of an offense involving the unlawful use of narcotics or other controlled substances; [Utah Code 58 has numerous crimes for simple possession, distribution, paraphernalia or harder drugs.]
(v) Moral Turpitude. Has been or is convicted of an offense involving moral turpitude; [Crimes of moral turpitude is a phrase often used in immigration law. They are crimes that show a person’s character.]
(vi) Domestic Violence. Has been or is convicted of an offense involving domestic violence; [Utah has some 20 plus crimes that can qualify as crimes of domestic violence. The full listing can be found at Utah Code 77-36-1(4)(A) (2024).
(vii) Mental Incompetent. Has been or is adjudicated by a state or federal court as mentally incompetent, unless the adjudication has been withdrawn or reversed; and
(viii) Restricted Person Statute Federal/State. Is not qualified to purchase and possess a firearm pursuant to Section 76-10-503 and federal law. [Utah Code 76-10-503 and US Code 18 USC 922(f) are the classic state and federal listing of prohibited persons who can’t possess a firearm.]
Conduct, Accusations or Charges that May Suspend your Concealed Permit in Utah. BCI may deny, suspend, or revoke a concealed firearm permit if BCI 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:
(i) Pattern of Violence. past pattern of behavior involving unlawful violence or threats of unlawful violence; [Including criminal charges that pending.}
(ii) Past Violence. Past participation in incidents involving unlawful violence or threats of unlawful violence; or
(iii) Firearms Convictions. Conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons, i.e., gun charges. See this blog for a list of gun charges.
No Suspension for Single Infraction of the Utah Weapons Code. BCI 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.
Appeal to Firearms Review Board and Judicial Review of Denial, Suspension or Revocation.
If your ability to carry concealed has been suspended, denied or revoked you can file a written petition for review with the Concealed Firearms Review Board. See Utah Code 53-5-704. The decision from the Concealed Firearms Review Board is considered “final” for purposes of filing judicial review.
Judicial review is the process of having a sitting Utah District Court judge review the final agency decision. Any decision reviewed by the district court is generally reviewed for “Substantial Evidence.” Substantial Evidence is a deferential review standard favoring the agency decision makers.
Utah has “defined substantial evidence as that quantum and quality of relevant evidence that is adequate to convince a reasonable mind to support a conclusion. Mountain Fuel Supply Co. v. Pub. Serv. Comm’n of Utah, 861 P.2d 414, 428 (Utah 1993)