Utah Constitutional Carry Laws

10 min readJun 21, 2024

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

In the United States, people have the right to keep and bear arms for self-defense. This guarantee appears in the Second Amendment of the U.S. Constitution and is supported by caselaw interpreting the Second Amendment. Many states also include the right to bear arms in their state constitutions.

Lawmakers in the U.S. Congress and state legislatures must balance the right to own guns with the public need to prevent gun violence. Firearm laws in Utah strike that balance by placing fewer restrictions on gun ownership and possession than in many other states.

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Federal firearms law derives from the federal government’s ability to regulate the interstate commerce of firearms. It applies across all 50 states. Federal law allows the legal manufacture, sale, and possession of firearms. It requires registration of certain dangerous weapons like machine guns and short-barreled shotguns and rifles. It also prohibits possession of firearms by several categories of people based on risks to public safety. For example, federal law bans possession of a firearm by felons, those addicted to or using illegal drugs, and those convicted of misdemeanor domestic violence.

Gun transactions that happen through federally licensed firearms dealers are subject to a criminal background check through the FBI. This helps prevent guns from falling into the wrong hands.

Utah Gun Statutes

The Beehive State has statutes in place that are consistent with its views on public safety and the rights of gun owners. State gun control laws can restrict the purchase and use of firearms within the state.

In 2021, Utah enacted a law allowing “permitless carry” of firearms. This law allows law-abiding citizens the right to carry a loaded concealed handgun in public without requiring them to get a permit, pass a background check, and complete firearm safety training. In Utah, you must be at least 21 years old to carry a loaded firearm without a permit. Those who are 18–20 must get a concealed firearm permit to carry.

Like other states, Utah has also maintained its process of issuing concealed weapon permits to assist Utah residents with reciprocity. More than 35 states recognize Utah concealed carry permit holders. You can apply for a Utah concealed firearm permit in person or by mail with the Bureau of Criminal Identification (BCI), a Department of Public Safety division. BCI will issue a standard permit to those 21 or older and a provisional permit to those between 18 and 20. Applicants must pass a background check. They must provide a copy of their driver’s license, a color photograph of themselves, a fingerprint card, and a certificate of weapon familiarity. The certificate comes from your firearms safety instructor. You must also meet all other eligibility qualifications. Utah also issues non-resident concealed firearm permits.

Utah does ban the use or possession of firearms in certain locations. There are certain exceptions for state permit holders (*) and others. These include:

In or on a vehicle or a public street*
In a posted prohibited area
In the secure area of an airport
In the secure area of a correctional facility or a law enforcement facility
In the secure area of a mental health facility
In a house of worship or private residence (when notice is provided)
On the premises of a public or private elementary or secondary school*
On the premises of a public or private institution of higher education*
On the premises of a preschool or childcare facility*

The table below summarizes Utah’s gun laws.

Relevant Statutes (Laws)

Utah Code, Title 76, Chapter 10, Sections 76–10–500 through 76–10–532
Restrictions on possession, purchase, transfer, and ownership of dangerous weapons by certain persons — Section 76–10–503
Carrying concealed firearm — Penalties — Section 76–10–504
Carrying a loaded firearm in a vehicle or on the street — Section 76–10–505
Possession of a dangerous weapon, firearm, or short-barreled shotgun on or about school premises — Penalties — Section 76–10–505.5
Prohibition of possession of certain weapons by minors — Section 76–10–509.4
Possession of loaded firearm at residence or on real property authorized — Section 76–10–511
Persons exempt from weapons laws — Section 76–10–523
Criminal background check before purchasing a firearm — Section 76–10–526
Utah Code, Title 53, Chapter 5, Sections 53–5–701 through 53–5–712
Bureau duties — Permit to carry a concealed firearm — Section 53–5–704
Provisional permit to carry a concealed firearm — Section 53–5–704.5
Temporary permit to carry a concealed firearm — Section 53–5–705

Illegal Arms

Utah does not ban specific types of firearms. However, it does prohibit people under 18 years of age from possessing:

Short-barreled rifles
Short-barreled shotguns
Fully automatic weapons
Machine gun firearm attachments
Handguns

Waiting Period

Utah does not require a waiting period for the purchase of a gun.

Who May Not Own

Utah’s firearm prohibitions extend to two groups: Category I restricted persons and Category II restricted persons. Unlawful firearm possession by those in Category I faces second-degree felony charges. Unlawful firearm possession by those in Category II faces third-degree felony charges.

Category I restricted persons include those who:

Have been convicted of a violent felony
Are on probation or parole for any felony
Are on parole from a secure care facility
Have been adjudicated delinquent for an offense that if committed by an adult would have been a violent felony within the last 10 years
Are aliens, illegally or unlawfully in the United States
Are on probation for a conviction of possessing certain controlled substances or a controlled substance analog

Category II restricted persons include those who:

Have been convicted of a felony domestic violence offense
Have been convicted of certain combinations of other felonies or misdemeanors that are not a domestic violence offense or a violent felony within the last seven years
Have been adjudicated delinquent for an offense which, if committed by an adult, would have been a felony within the last seven years
Are unlawful users of a controlled substance
Are in possession of a dangerous weapon and are knowingly and intentionally in unlawful possession of a Schedule I or II controlled substance
Have been found not guilty by reason of insanity for a felony offense
Have been found mentally incompetent to stand trial for a felony offense
Have been adjudicated as mentally defective as provided in the Brady Handgun Violence Prevention Act or have been committed to a mental institution
Have been dishonorably discharged from the armed forces
Have renounced their citizenship after having been a citizen of the United States
Are the subject of certain types of protective orders where they had notice and opportunity to participate and a court found they represented a credible threat to an intimate partner or child and explicitly prohibited use, attempted use, or threatened use of physical force
Have been convicted of misdemeanor assault against a person who qualifies as a family or household member under relevant law

License Required?

Utah does not require a license to own a firearm.

Concealed Carry License Required?

Generally, no. Those 21 years old and older can carry a loaded firearm in public (concealed or open) if they are not otherwise prohibited by law from possessing a firearm. Those 18–20 years old can carry a loaded firearm in public (concealed or open) with a valid permit.

Open Carry Allowed?

Generally, yes. Open carry is legal for those 21 and older. There are permit requirements for those 18–20 (see above). There are also location restrictions.

Eligibility for a Concealed Carry License

To get a concealed firearm permit, a person must:

Be at least 21 (regular permit) or at least 18 (provisional permit).
Not have been convicted of a felony or crime of violence
Not have been convicted of an offense involving the use of alcohol
Not have been convicted of an offense involving the unlawful use of narcotics or other controlled substances
Not have been convicted of an offense involving moral turpitude
Not have been convicted of an offense involving domestic violence
Not have been adjudicated by a state or federal court as mentally incompetent
Be qualified to purchase and possess a firearm under Utah and federal law

Machine Gun Laws

Utah does not prohibit the possession of machine guns except by those under 18. However, federal law may prohibit machine gun possession in certain circumstances.

Penalties for Illegal Firearm Possession

Utah has varying penalties for illegal possession of a firearm.

Possessing a firearm when prohibited by law is a second-degree felony if the offender is considered a Category I restricted person. It is punishable by one to 15 years in prison; a fine of up to $10,000; or both.
Possessing a firearm when prohibited by law is a third-degree felony if the offender is considered a Category II restricted person. It is punishable by up to five years in prison; a fine of up to $5,000; or both.
Violating Utah’s concealed carry laws is a class B misdemeanor if the firearm is unloaded and a class A misdemeanor if it is loaded. A class B misdemeanor is punishable by up to six months in jail; a fine of up to $1,000; or both. A class A misdemeanor is punishable by up to 364 days in jail; a fine of up to $2,500; or both.
Carrying a concealed, unlawfully possessed short-barreled shotgun or a short-barreled rifle is a second-degree felony, punishable by one to 15 years in prison; a fine of up to $10,000; or both.
Using a concealed firearm in the commission of a violent felony offense is a second-degree felony, punishable by one to 15 years in prison; a fine of up to $10,000; or both.
Illegal carrying of a loaded firearm in a vehicle or on a public street is a Class B misdemeanor, punishable by up to six months in jail; a $1,000 fine; or both.
Illegal provision of a handgun to a minor is a Class B misdemeanor on a first offense, punishable by up to six months in jail; a $1,000 fine; or both. On a second offense, it becomes a Class A misdemeanor, punishable by up to 364 days in jail; a $2,500 fine; or both.
Illegal provision to a minor of a short-barreled shotgun, a short-barreled rifle; a fully automatic weapon; or a machine gun firearm attachment is a third-degree felony, punishable by up to five years in prison; a fine of up to $5,000; or both.

Penalties for Illegal Possession on or Near School Grounds

Illegal possession of a firearm on school premises is a class A misdemeanor, punishable by up to 364 days in jail; a fine of up to $2,500; or both.

Red Flag Law?

No.

Universal Background Checks?

No. Utah does not require a background check in cases of private sales of firearms.

Stand Your Ground Law?

Yes. Utah’s stand-your-ground law removes the duty to retreat when an otherwise law-abiding person is in a place they may legally be. Such a person may respond to an attack with force, including force likely to cause serious bodily injury or deadly force when reasonable under the circumstances. Utah criminal procedure also allows a criminal defendant to raise a claim of self-defense justification before trial, placing the burden on the state to prove by clear and convincing evidence that the defendant was not justified.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.

Research the Law

Utah Law
Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.
Utah Protective Orders Laws
Guns and Domestic Violence
Gun Laws

For More Information, Contact an Attorney Licensed in Utah

Do you have more questions about Utah gun law? Are you facing a criminal charge related to firearms? Consider seeking legal advice to get answers. You can contact an attorney licensed in Utah who can provide detailed advice.