Utah has revised its laws governing who may possess or use firearms and other dangerous weapons. The Restricted Persons Regarding Dangerous Weapons statute (Utah Code §§ 76-11-301 to 310, effective May 7, 2025) defines who is prohibited, divides those restrictions into two categories, and outlines how individuals can restore their firearm rights.
Overview of Utah’s Restricted Persons Law
The updated law maintains most prior prohibitions but clarifies several key points:
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Convictions for domestic violence, felonies, or drug offenses involving Schedule I or II substances remain disqualifying.
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The primary restrictions still revolve around domestic violence, felony convictions, and controlled substance crimes.
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Archery equipment is now explicitly allowed for lawful hunting and practice by restricted persons.
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Antique firearms are now explicitly banned for restricted persons.
These clarifications ensure consistency and remove ambiguity from older versions of the statute.
Understanding the Two Categories
The Utah Legislature divides restricted persons into Category I and Category II, each with different definitions and penalties.
A “dangerous weapon” includes firearms, knives, or any other object used or intended to cause harm. The penalties for unlawful possession vary depending on the category and the weapon involved.
Category I Restricted Persons (§ 76-11-302)
A person falls under Category I if they meet any of the following conditions:
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Convicted of a violent felony.
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On probation or parole for any felony, including court probation, supervised probation, or Adult Probation and Parole (“APP”).
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On parole from secure care—the juvenile equivalent of adult prison.
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Adjudicated as a juvenile for a violent felony (restriction lasts 10 years after adjudication).
- Note: Juvenile adjudications are civil proceedings, not criminal convictions, but still count under this law.
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An unlawful or illegal alien in the United States.
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On probation for possession of a Schedule I or II controlled substance (or analog).
Category I offenses carry the highest penalties and longest restrictions.
Category II Restricted Persons (§ 76-11-303)
Category II applies to individuals with less severe disqualifications, such as:
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Conviction for non-violent felonies.
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Domestic violence misdemeanors involving intimate partners.
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Certain drug-related misdemeanors not covered under Category I.
While penalties are less severe than Category I, they still involve serious criminal consequences for illegal weapon possession.
Lawful Activities and Exceptions
Under the 2025 update:
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Restricted persons may possess archery equipment for lawful hunting or target practice.
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Antique firearms are not exempt—restricted persons may not possess or use them under any circumstance.
These clarifications aim to balance public safety with lawful recreational activity.
Restoring Firearm Rights in Utah
Firearm rights can be restored under Utah law through several legal mechanisms:
1. Petition for Restoration
Eligible individuals may petition the court after serving their sentence and completing probation or parole.
2. Expungement
Certain convictions can be expunged from an individual’s record, removing the restriction.
3. Pardon or Relief
A pardon or relief order from the Utah Board of Pardons and Parole can restore firearm privileges in qualifying cases.
Restoration eligibility depends on the type of conviction, time since completion of sentence, and full compliance with court orders.
Summary
Utah’s 2025 firearm restriction update simplifies prior law while preserving core disqualifiers. The reforms clarify gray areas—especially regarding juvenile adjudications, antique firearms, and archery use—and outline consistent restoration pathways for eligible individuals.
Learn More About Criminal Defense Lawyer Jake Gunter
For additional insights on Criminal Defense Law and to get to know Jake Gunter better, check out these helpful videos:
- Meet Jake Gunter – Learn more about Jake Gunter's background, experience, and dedication to helping clients throughout Utah.
- How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
- What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.
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.