Utah Criminal Defense

402 Reduction in Utah. What it does for firearm rights

Call/Txt (801) 373-6345

Navigating Utah’s firearm laws can be challenging, especially for those classified as restricted persons. Whether you have a felony conviction or are seeking to restore your firearm rights, a 402 reduction under Utah Code § 76-3-402 may offer a path forward. Attorney Jake Gunter specializes in helping clients regain their constitutional rights. Call or text (801) 373-6345 today.

Understanding Utah’s Firearm Restriction Categories

Utah law divides restricted persons into two categories, each with specific legal consequences for possessing firearms or dangerous weapons:

Category I Restricted Persons

  • Violent felony convictions
  • Felony probation or parole status
  • Certain drug offenses or mental health adjudications
  • Illegal alien status or dishonorable military discharge

Category II Restricted Persons

  • Non-violent felony convictions
  • Multiple convictions within a single episode
  • Domestic violence or assault misdemeanor convictions
  • History of drug use or mental incompetency

Possession of a firearm or dangerous weapon by a restricted person can lead to felony or misdemeanor charges. For complete details, review Utah Code § 76-10-503.

What is a 402 Reduction in Utah?

A 402 reduction allows a felony conviction to be reduced to a misdemeanor, potentially removing your restricted person status and restoring your firearm rights. Eligibility depends on:

  • Type of felony conviction
  • Your criminal history
  • Time elapsed since conviction
  • Absence of new offenses

A successful reduction can significantly improve your legal standing and open doors to expungement.

Case Study: State v. Colwell (2025)

In State v. Colwell, a defendant with a felony DUI conviction faced additional charges after a police raid found drugs and firearms. The jury convicted him of drug possession and being a restricted person in possession of firearms. Had he pursued a 402 reduction or expungement (available after 10 years for DUI), he might have avoided restricted person status.

Key Lesson: Proactive legal action can prevent severe consequences.

Act Now: Consult a Utah 402 Reduction Attorney

Don’t let a felony conviction limit your rights. Attorney Jake Gunter can guide you through the 402 reduction process to restore your firearm rights and clear your record. Call or Text (801) 373-6345 for a consultation.

Frequently Asked Questions About 402 Reductions

What is a 402 reduction in Utah? Will a 402 reduction restore my firearm rights? How long must I wait for a 402 reduction? Can I hunt with a bow or black powder rifle as a restricted person? Can I pursue both a 402 reduction and expungement? Should I start with a 402 reduction or expungement? 

Take Control of Your Future

A felony conviction doesn’t have to define your life. A 402 reduction can help you regain your rights and move forward. Contact Jake Gunter today to explore your options.

Call or Text (801) 373-6345

For detailed legal information, visit Utah Code § 76-10-503.

Learn More About Criminal Defense Lawyer Jake Gunter

Jacob S. Gunter | Personal Injury Attorney in Provo

For additional insights on Criminal Defense Law and to get to know Jake Gunter better, check out these helpful videos:

These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.