If the abuser has been convicted of a crime, can s/he keep or buy a gun?
Convictions for many crimes make it illegal for someone to have a gun. Utah state law says that a person cannot have a firearm or other dangerous weapon if s/he:
- has been convicted of committing or attempting to commit assault or aggravated assault against:
- someone with whom s/he was involved in a dating relationship within the last five years - however, if this would not disqualify the person from having a firearm if:
- it has been five years or more since the conviction was entered or since s/he was released from incarceration following the conviction; and
- the person has a single conviction for misdemeanor assault;
- a current or former spouse, parent, guardian, someone with whom s/he has a child in common;
- someone with whom s/he is or was living together (“cohabitating”) as if the person were a spouse, parent, or guardian; or
- someone who is “similarly situated” to a spouse, parent, or guardian;
- has been convicted of:
- a violent felony;
- a domestic violence offense that is a felony;
- a felony or multiple felonies that are part of a single criminal episode that are not a domestic violence offenses or a violent felonies and within seven years after completing the sentence for the conviction, has been convicted of or charged with another felony or class A misdemeanor;
- multiple felonies that are not part of a single criminal episode;
- has completed a sentence for any of the following within the last seven years:
- a conviction for a felony that is not a domestic violence offense or a violent felony; or
- convictions for multiple felonies that are part of a single criminal episode and are not domestic violence offenses or violent felonies;
- is on probation or parole for a felony;
- is on parole from a juvenile secure care facility;
- within the last ten years, has been adjudicated delinquent for an offense, which if committed by an adult would have been a violent felony;
- is on probation for a conviction of possessing a controlled substance;
- has been found “not guilty by reason of insanity” for a felony offense; or
- has been found “mentally incompetent to stand trial” for a felony offense.1
In addition, the state can deny, suspend, or revoke a permit to carry a concealed firearm if the person:
- has been convicted of:
- a felony;
- a crime of violence;
- an offense involving the use of alcohol;
- an offense involving the unlawful use of drugs or other controlled substances;
- an offense involving moral turpitude, which is an act or behavior that gravely violates the sentiment or accepted standard of the community;
- an offense involving domestic violence;
- an offense involving domestic violence;
- is a danger to himself/herself or others, as evidenced by past behavior of violence, threats of violence, or a prior conviction involving weapons; or
- falls under one of the other categories listed above in numbers 1 - 8.2
Also, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances such as when the abuser has been convicted of a felony or certain domestic violence-related crimes or if you have a protective order against the abuser that meets certain requirements. Go to Federal Gun Laws to get more information.
1 UT Code §§ 76-10-503(1)-(3); 76-10-501(6)(a)
2 UT Code § 53-5-704(2)(a), (3)(a)