Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
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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.


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  • Criminal Defense Trial AttorneyNot Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
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  • Utah Expungement Attorney Salt Lake Davis Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
  • Violent Crimes Assalt Defense UtahProbation - Client charged with aggravated robbery based on allegations he entered a store with a gun and mask and demanded cash. Client confessed to police before hiring a defense attorney. Defense mitigation efforts resulted in a negotiated resolution that removed life in prison as a possibility, and secured a probation sentence from the court.
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

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