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Utah State Gun Laws
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ANTI-TRAFFICKING
Is there a one-handgun-per-month limit on gun sales? No
No state restrictions on gun-trafficking such as a limit on the number of handguns that can be purchased at one time. Gun traffickers can easily buy large quantities of handguns at gun stores and resell them on the street to criminals.
ASSAULT WEAPONS
Are there limitations on assault weapons and magazines? No
No state restriction on the sale or possession of military-style semiautomatic assault weapons like the AK47 and Uzi. Assault weapons are as easy to buy as hunting rifles. No restriction on the sale or possession of rapid-fire ammunition magazines that can fire up to 100 bullets without reloading. Federal law does prevent the sale of some assault weapons and rapid-fire magazines manufactured after 1994, but the federal law will sunset in 2004 unless Congress and President Bush renew it.
ATTORNEY GENERAL REGULATIONS
May Attorney General regulate guns? No
Utah: State law does not clearly authorize the Attorney General to independently regulate firearms or establish gun safety standards as part of the Attorney General's responsibility to protect consumers.
BACKGROUND CHECK AT STATE LEVEL
Do state police perform a background check in addition to federal NICS check? Yes
Utah: State law requires gun buyers to go through a state-based criminal background check in addition to the federal NICS check. This is the best system since it includes checking both state and federal records to prevent criminals and other prohibited people from buying guns. But legislation has been introduced to eliminate the state police background check provision and depend entirely on the less-complete federal NICS check. In 2000, 2,053 gun buyers failed the criminal background check and were prohibited from buying guns.
BALLISTIC FINGERPRINTING
Must handguns be ballistic fingerprinted prior to sale? No
No state requirement that gun dealers or manufacturers provide police with sample bullets/cartridges or digital images of bullets/cartridges prior to the sale of a handgun, ballistic fingerprinting, which would assist police in tracing bullets at crime scenes to the guns that fired them.
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CCW LIMITS
May police limit carrying concealed handguns? No
Utah: State law forces police chiefs and state sheriffs to give concealed carry permits (CCW) to anyone who can buy a handgun. State law allows residents of some other states to carry concealed weapons in Utah without even informing local police. The State Attorney General has stated that universities may not restrict CCW holders from carrying guns on campus and the Attorney General has also stated that state agencies may not restrict CCW holders from carrying guns into state facilities. Even churches are being challenged if they try to keep out concealed weapons. State activists are attempting to qualify a voter initiative for 2002, called "Safe to Worship, Safe to Learn", which would protect the rights of schools and churches to keep guns off of their property. Meanwhile, the number of concealed-weapon permitees who had their CCW revoked more than doubled after the state instituted a daily background check system to identify CCW holders who have become prohibited since getting their permit. Many violators were wanted fugitives and domestic violence abusers.
CHILD ACCESS PREVENTION - CAP
Are gun owners held accountable for leaving guns accessible to kids? No
No state requirement that gun owners take responsible steps to prevent children from gaining easy access to their firearms. Gun owners are not held accountable for leaving loaded guns around kids, even if a young child shoots themselves or someone else with a gun left in plain sight.
CHILD-SAFETY LOCKS
Must locking devices be sold with guns? No
No state requirement that guns be sold with child-safety locks that could prevent a tragic accident. Child-safety locks cost as little as $10 and could save lives if sold with firearms.
GUN MANUFACTURER ACCOUNTABILITY
Do cities have authority to hold gun makers legally liable? No
State law forbids city and county governments from taking any legal action to hold gun manufacturers accountable, even when they act irresponsibly in the way they design, market or distribute weapons. No other industry enjoys such special immunity for irresponsible conduct.
GUN SHOW CHECKS
Are background checks required at gun shows? No
No state requirement that a Brady criminal background check be done on people buying guns at gun shows if they are sold by "private" individuals or gun "collectors." Gun shows can operate on a "no questions asked, cash-and-carry" basis, making it easy for criminals and even juveniles to buy as many guns as they want at gun shows, including assault weapons. No records are required to be kept on gun show sales by private individuals or gun collectors, making it almost impossible for police to trace such weapons if they are used in a crime.
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JUVENILE POSSESSION
Are minors restricted from possessing guns? Partial
State law restricts juveniles under 18 from possessing handguns and juveniles under 14 from possessing other firearms without parental permission or authorized supervision. But children 14 and older may possess rifles and shotguns, including semiautomatic assault weapons, without parental permission.
JUVENILE SALE
Is it illegal to sell guns to kids? Yes
State law restricts selling or giving firearms to juveniles under 18, except for supervised loans of firearms or for limited lawful activities (such as hunting).
LICENSE OR PERMIT TO PURCHASE
Is a license/permit required to buy handguns? No
No state requirement that handgun buyers obtain a handgun license or undergo any type of safety training prior to buying a handgun.
LOCAL GUN LAWS - PREEMPTION
May cities enact laws stronger than the state's? No
State law forbids local city or county governments from enacting any local gun laws, even though the state has failed to pass responsible state-wide laws. This preemption of local government authority makes it impossible for cities to enact sensible gun laws to make their citizens safer.
RECORD KEEPING
May police maintain gun sale records? No
State law forbids police from keeping any record of gun sales longer than 20 days. Police are prohibited from maintaining gun sale records that could be used for gun tracing and criminal investigations. The state has no way of knowing whether people who bought guns in the past have become criminals and are no longer allowed to possess firearms. The lack of gun sale records also makes it very difficult to identify and prosecute gun traffickers or gang members that buy guns in bulk and resell them on the street.
REGISTRATION
Are all guns registered with law enforcement? No
No state requirement that gun owners register their firearms. Police do not know how many guns are in the state or where they are. The lack of registration data makes it more difficult for police to trace guns used in crime, identify illegal gun traffickers or hold gun owners accountable for their weapons. There is no state system to automatically identify and disarm felons and other prohibited people who bought guns legally in the past, but later committed a crime or otherwise became ineligible to keep possession of their firearms.
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SAFETY STANDARDS
Are there consumer safety standards on guns? No
No state requirement that handguns meet any basic safety standards. No requirement that guns be sold with a child-safety lock or a built-in 'personalized' lock to prevent unauthorized use. No requirement that handguns have loaded-chamber indicators or magazine safety disconnects that could prevent unintentional shootings. The state Attorney General is not allowed to independently establish handgun safety standards.
SAFETY TRAINING
Is safety training required for handgun buyers? No
No state requirement that handgun buyers receive any safety training at all. No requirement that handgun buyers demonstrate any familiarity with gun laws or knowledge about safe handling/safe storage of handguns.
SATURDAY NIGHT SPECIALS
Are there limitations on 'junk' handguns? No
No state restriction on the sale of Saturday night specials or "junk" handguns. No requirement that handguns meet any safety tests such as a drop-safety test or a firing-performance test. No restriction on the sale of snub-nosed handguns that are very small and easy to conceal.
SCHOOL ZONES
Is it illegal for CCW permit holders to carry guns into schools? No
Utah - State law forces police to issue concealed handgun permits (CCW) to almost anyone, and anyone with a CCW permit can carry a hidden handgun into school rooms, school sports activities, etc.
SECONDARY SALES
Are background checks required on 'private' gun sales? No
No state requirement that criminal background checks be done on people buying firearms at gun shows, swap meets or through newspaper or internet advertisements. Criminal background checks are only required if the buyer goes to a federally-licensed gun store - all other sales are not subject to the background check.
WAITING PERIOD
Is there a waiting period on gun sales? No
No state requirement that there be a waiting period for gun sales beyond the "instant check" in federal law. Police are not given any additional time to run a criminal background check to make sure the gun buyer is not prohibited from acquiring firearms. There is no "cooling off" period to help prevent crimes of passion.
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