Charges for possessing a weapon as a restricted person can result in serious criminal penalties under Utah law. Consequences can include prison time and thousands of dollars in fines. More important, a conviction can have consequences that continue long after the court case is over.
If you are being investigated or prosecuted for alleged possession of a weapon by a restricted person, having a good attorney can be the key to getting the results you need.
The best defense attorneys challenge the status quo through ethical advocacy both in and out of the courtroom.
Contact us today to schedule a consultation appointment. See what the right defense team can do for you.
Possession of a Firearm or Other Weapon by a Restricted Peron
Possessing a weapon as a restricted person can lead to charges ranging from a second degree felony (punishable by up to 15 years in prison) to the class A misdemeanor level (punishable by up to 364 days in jail). What level of charge is filed can depend on what kind of weapon was possessed (firearm, knife, or other “dangerous weapon”) and also whether the person being charged is characterized as a Category I or Category II restricted person.
Category I and II Restrictions in Utah
A person is restricted under “Category I” if the person:
The best attorneys understand that the effects of a criminal charge extend beyond the courtroom.
- has been convicted of any violent felony as defined in Section 76-3-203.5;
- is on probation or parole for any felony;
- is on parole from a secure facility as defined in Section 62A-7-101;
- within the last 10 years has been adjudicated delinquent for an offense which if committed by an adult would have been a violent felony as defined in Section 76-3-203.5; or
- is an alien who is illegally or unlawfully in the United States.
“Category II” restricted status applies if the person:
- has been convicted of any felony;
- within the last seven years has been adjudicated delinquent for an offense which if committed by an adult would have been a felony;
- is an unlawful user of a controlled substance as defined in Section 58-37-2;
- 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;
- has been found not guilty by reason of insanity for a felony offense;
- has been found mentally incompetent to stand trial for a felony offense;
- has been adjudicated as mentally defective as provided in the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed to a mental institution;
- has been dishonorably discharged from the armed forces; or
- has renounced his citizenship after having been a citizen of the United States.
Penalties for Possession of a Weapon by a Restricted Person in Utah
Possession of a firearm by a Category I restricted person can lead to second degree felony criminal charges. Possession of a weapon other than a firearm results in a third degree felony. For a Category I restricted person, these penalties apply to anyone who “intentionally or knowingly agrees, consents, offers, or arranges to purchase, transfer, possess, use, or have under the person’s custody or control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under the person’s custody or control” a firearm or other dangerous weapon.
A Category II restricted person found in possession of a firearm can face a third degree felony charge. A Category II restricted person who possesses a dangerous weapon (other than a firearm) can face a class A misdemeanor charge. Prohibitions for a Category II person are a little less restrictive, but still bar the person from any purchase, transfer, possession, use of, or exercising custody or control over a firearm or dangerous weapon.
Understanding your goals is the first step to developing the best defense strategy.
Federal law imposes its own restrictions on a person’s right to carry a firearm. Domestic violence convictions, even at the misdemeanor level, are one of the most common grounds for firearms restrictions under federal law.
Restoring Gun Rights
Often, a restricted status based on prior criminal convictions can be fixed and gun rights can be restored. Expungement, 402 reductions, and formal pardon are three tools that can be used in restoring gun rights.
Finding an Experienced Criminal Defense Lawyer
Weapons and firearms charges are taken seriously by prosecutors and judges in Utah. If you have been charged or if you believe you are being investigated, it is important to have an experienced criminal defense attorney on your side.
The right defense attorney can make the difference you need.
Contact us today to see what the right attorney can do for you.
