I do not have a protection order against the abuser and s/he has not been convicted of a crime. Can s/he have a gun?
In Utah, there are many reasons why a person cannot have a gun in his/her possession that do not involve having a protective order against him/her or being convicted of a crime.
Utah state law says that a person cannot have a firearm or other dangerous weapon if s/he:
- 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 illegally or unlawfully in the United States, which includes an asylum applicant or someone with temporary protected status;
- is illegally using drugs;
- is in possession of a dangerous weapon and is knowingly and intentionally illegally possessing drugs;
- 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 judged “mentally defective” or has been committed to a mental institution;
- has been dishonorably discharged from the armed forces; or
- has renounced his/her citizenship after having been a citizen of the United States.1
If none of these situations apply, you can still make a plan for your safety. See our Safety Planning page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our Utah Advocates and Shelters page to find a local domestic violence organization near you.
For additional information on gun laws in Utah, you can go to the Giffords Law Center website.
Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to our Federal Gun Laws page to get more information.
1 Utah Code §§ 76-10-503(1)-(3); 76-10-501(6)(a)
I've read through all of this information, and I am still confused. What can I do?
Trying to understand both federal and state law can be confusing, but there are people out there who can help you better understand the law and your rights under the law.
- You can contact the National Center on Protection Orders and Full Faith & Credit to get more information about firearm laws at 1-800-903-0111, ext. 2.
- You can contact a local domestic violence organization in your area. Please visit our UT Places that Help page.
- You can write to our Email Hotline.




