Restoring the Right to
Carry Guns in Utah
The Second Amendment to the United States Constitution guarantees to
individuals the right to keep and bear arms. However, Utah law imposes
certain restrictions on that right, and actually prohibits individuals
from possessing or using handguns, rifles, shotguns or other weapons in
certain circumstances. Violation of Utah weapons laws can
result in criminal
penalties,
including
felony or
misdemeanor
convictions and jail or prison time. But an experienced Utah
criminal
defense attorney may be able to help restore your gun rights.
Contact us today for
an initial consultation.
Gun Rights Restrictions Requiring Legal Action for Restoration

Certain
Utah gun rights restrictions may be lifted through court action. If a
person is restricted from possessing or using a firearm because of a
felony conviction or
domestic
violence (DV) conviction, legal action
through the Utah court system may restore the right to carry a firearm.
Felony Convictions and
Gun Rights
A conviction for a felony in Utah will cause a person to be restricted
from possessing or using a firearm. But for many felony convictions, it
is not the nature of the crime but the level of the offense that
creates the firearms restriction. Thus, a reduction in the level of the
offense conviction (often referred to as a "
402
reduction") can
eliminate the weapons restriction. While a 402 reduction does not erase
the conviction, it can reduce the conviction to the misdemeanor level.
Once the conviction is reduced to the misdemeanor level, the the
weapons restrictions created by the felony conviction may be eliminated.
Utah Domestic Violence
Convictions and Gun Rights
A 402 reduction does not change underlying nature of the crime as a
domestic violence offense. But under Utah law, an
expungement
may open
the door for a restoration of gun rights.
Felony Domestic Violence
Convictions - An Apparent Legal Dilemma
Domestic violence convictions at the felony level present a more
complex issue in regard to restoring the right to possess or use
firearms. Because the "domestic violence" status by itself status
results in a weapons possession restriction, a 402 reduction of the
felony will not restore gun rights. But because Utah law prohibits the
expungement of a "violent" felony, a domestic violence felony
conviction cannot be expunged.
For many people, this apparent dilemma can be resolved by first
obtaining a 402 reduction of the felony domestic violence conviction.
Once the domestic violence conviction is reduced to the misdemeanor
level, it is no longer classified as a "violent felony" conviction and
may then be eligible for expungement. Once fully expunged, the domestic
violence conviction should no longer create a restriction on weapons
possession.
Utah Weapons Restrictions not Requiring Legal Action
Utah law places certain restrictions on the right to carry, possess, or
use a weapon that can be cured without legal action. These restrictions
can be based on drug or alcohol use or on a juvenile
adjudication record.
Restrictions on weapon possession are triggered if a person is "an
unlawful user of a controlled substance" or if the person possesses a
Schedule I or Schedule II controlled substance. However this
restriction is not permanent, and should be lifted if the person stops
using
drugs illegally.
Utah law also makes it a crime to possess a
dangerous weapon (including
a firearm) if the person is under the influence of alcohol or of a
controlled substance. Utah Code section 76-10-528 provides that the
term "under the influence" as meaning the same blood or breath alcohol
concentration as provided under Utah's
DUI
statute (Utah Code section 41-6a-502). This prohibition on possessing
or carrying a weapon applies even if the person has a valid concealed
weapons permit.
One additional weapons possession restriction does not involve
the use of drugs or alcohol, but is instead can be based on a person's
juvenile record. A juvenile adjudication of delinquency for an offense
that would have been a felony if committed by an adult will also create
restrictions for the person even after becoming an adult. This
restriction can be lifted through a successful petition to expunge the
juvenile record. Or the restriction will automatically expire after 10
years have passed since the juvenile adjudication.
Permanent Weapons Rights Restrictions in Utah
There are still other restrictions on gun or weapon possession under
Utah law that generally cannot be cured. This non-exhaustive list of
possible restrictions includes: dishonorable discharge from the armed
forces; renouncement of United States citizenship; mental incompetence
or defect; or status as an alien illegally present in the United States.
Finding a Utah 402 Reduction and Expungement
Lawyer in Salt Lake City
If you are under a restriction from possessing, using, or carrying a
weapon in Utah that is based on a prior criminal conviction, an
expungement or 402 reduction may be helpful in restoring your gun
rights and other weapons-related rights. Based in Salt Lake City,
criminal
attorney Stephen
Howard has assisted many clients in obtaining an expungement or 402
reduction of their convictions.
If you need assistance in reducing the
level of your conviction or in expunging your Utah criminal record,
contact us today. In many
cases, we can tell you over the phone whether
you are eligible.