Can police charge me for possessing a gun if they also find marijuana?

Stephen Howard — Stone River Law

Real Experience. Real Results.

Can police charge me for possessing a gun if they also find marijuana?

Utah criminal law contains a number of statutes that make it a crime to possess a weapon in certain circumstances. Two of the most common conditions that can turn an otherwise legal weapon into a criminal charge involve Utah’s concealed weapons laws and Utah’s controlled substance laws.

Unless you have a concealed weapons permit (“concealed carry permit”), you can be charged criminally for carrying a concealed weapon that is “readily accessible for immediate use.” The statute does make certain exceptions for people who carry a weapon in their own home or business. Otherwise, carrying a concealed loaded firearm can charged as a class A misdemeanor. Carrying a concealed sawed-off shotgun or rifle can be charged as a second degree felony. Other concealed weapons can be charged at the class B misdemeanor level.

Even if your weapon is not concealed, you can still be charged criminally if you are considered to be a “restricted person.” You can be considered a “restricted person” under Utah law for a number of different reasons, including if you are “an unlawful user of a controlled substance,” if you have been convicted of a violent felony, or if you are on probation or parole for any felony. Possession of a firearm by a restricted person can result in a felony conviction.

If police find a gun and even just a little bit of marijuana in your possession, you could be facing a felony criminal case. If you have been charged or are under investigation for a criminal charge in Utah, you should consult immediately with an experienced criminal defense attorney. Based in Salt Lake City, Stephen Howard has successfully handled thousands of serious criminal charges – more than most Utah attorneys will see in an entire career.

Contact us now to schedule an initial consultation.