Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Attorneys / Former Prosecutors
Call 801-449-1409 now for help protecting your rights.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

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.

Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense AttorneyDismissed - Contractor was charged with theft by deception for allegedly misusing customer funds and failing to complete work that had been agreed upon. A successful motion to quash on legal grounds following the bindover order at preliminary hearing resulted in a complete dismissal of all charges.
  • Minor Possession Alcohol - MIP AttorneyDismissed - Minor in possession charge (MIP) was dismissed by prosecutor when defense analysis demonstrated that the police had failed to obtain necessary evidence against client. Police had raided a large party involving underage drinking. Several individuals were charged, but police did not obtain evidence showing that client had personally consumed or possessed alcohol. Case was dismissed.
  • Utah Expungement Attorney Expungement - Worked to restore client's expungement eligibility through 402 reduction process, then filed successful expungement petitions in multiple courts obtaining expungement orders and clearing client's official criminal history.
  • Felony Attorney Utah Dismissed - Client facing first-degree felony charge and possible life in prison for child kidnapping. Full defense analysis of the case revealed critical legal flaws in the prosecution's case. When confronted with the defense legal analysis, the prosecutor agreed to dismiss the case outright without trial.
  • Recent Posts
  • What Constitutes Drug Parpahernalia in Utah How is drug paraphernalia defined in Utah? - The definition of drug paraphernalia under the Utah criminal code looks at both the nature of the object and also the intended use of the object in question. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Criminal Defense Strategy

You want the best defense. Agressive is good. But results ultimately are what really matter. Creating an effective strategy for defending against criminal prosecution requires a thorough understanding of statutes, case law, and evidentiary and procedural rules. A successful outcome is more likely when....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Our criminal defense lawyers have represented clients facing some of the most serious felony charges on the books in Utah. Whether you are facing prosecution for felony or misdemeanor charges, you can be assured that our attorneys have the experience, knowledge, and determination necessary to help you achieve the results you need. Choosing the best defense attorney for your case will be one of the most important decisions you make....

Experience »
Conviction Consequences - Utah Criminal Defense

In Utah, even a "minor" misdemeanor conviction carries the potential for jail time and significant fines. A felony conviction carries the potential of lengthy prison terms and the various consequences that come with being labeled as a convicted felon. Never plead guilty without first finding out....

Consequences »
Utah Criminal Defense Attorney - Hope

Facing criminal prosecution in Utah can feel like your world is collapsing. But there are reasons to remain hopeful, and there are things you can do right now that can help increase the odds of a successful outcome. An experienced criminal defense attorney can help you evaluate the various options you have, and can help you....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

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

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.