Weapons Possession Restrictions under Utah Law
A person charged with possessing a weapon as a restricted person under
Utah law can face stiff criminal
penalties, including
prison time and thousands of dollars in fines. If you are facing
charges for possession of a weapon by a restricted person, it is vital
to have an
experienced Utah
criminal
attorney on your side. Based in Salt Lake City, Stephen
Howard has defended clients in thousands of serious
felony
and
misdemeanor
cases.
Contact us today to
schedule an initial consultation.
The penalties for possession of a weapon by a restricted person in Utah
can range for a second degree felony (punishable by up to 15 years in
prison) to the class A misdemeanor level (punishable by up to a year in
jail). The severity of the offense can depend on the nature of the
weapon possessed (firearm, knife, or other "dangerous weapon") as well
as the "category" of restricted person to which the defendant belongs.
Category I and Category II Restricted Persons in Utah
Utah law provides that a person is considered to be a "Category I"
restricted person if the person:
- 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.
A person is considered to be a "Category II" restricted person under
Utah law f he/she:
- 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
A Category I restricted person who possesses a firearm may face second
degree felony criminal charges. Possession of a dangerous weapon other
than a firearm by a Category I restricted person results in a third
degree felony. For a Category I restricted person, these penalties
apply broadly to any such restricted person 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 be
charged with a third degree felony. A Category II restricted person who
possesses a dangerous weapon other than a firearm can be charged with a
class A misdemeanor. The acts proscribed for a Category II person are
somewhat more limited, but still prohibit the purchase, transfer,
possession, use of, or exercising custody or control over a firearm or
dangerous weapon.
Note that Federal law also imposes additional restrictions on a
person's right to carry a firearm. One of the most common restrictions under federal law involves domestic violence. Even a
misdemeanor conviction for a domestic violence offense will restrict
your right to possess a gun, rifle, or other firearm.
Finding an Experienced Utah Criminal Defense Lawyer in Salt
Lake
Utah prosecuting attorneys and judges take
weapons
charges seriously. If you are facing criminal prosecution for
possession of a weapon by a restricted person, it is important to have
an experienced
criminal defense attorney on
your side. As a Utah criminal attorney based in Salt Lake City, Stephen
Howard has achieved not guilty verdicts, dismissals, and appellate
reversals for clients facing some of the most serious criminal charges
on the books in Utah.
Contact us today to arrange
for an initial consultation.