Utah Gun Control Issue
Fact Sheet
Click on the topic to find out more about
....
Guns in schools-
(Click on the Utah Code section for text of the law)
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Unlawful concealed weapons are prohibited throughout the state (Utah Code
76-10-504)
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Unlawful possession of a firearm on or about school premises is prohibited
(Utah Code 76-10-505.5)
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Unlawful possession of any weapon in a school or school grounds is prohibited
(Utah Code 53A-3-502)
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Any offense on or about school premises involving use of a dangerous weapon
is enhanced to a higher level of offense and an enhanced penalty. (Utah
Code 76-3-203; 76-10-203.2)
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Explosives are prohibited in schools and universities (Utah Code 53A-3-502;
76-8-715)
Note: Guns legally carried by people with
concealed carry permits have never been involved in any violent
act in schools in any state. Restricting this makes no more sense
than fighting illegal drugs by closing neighborhood pharmacies one day
a week, or fighting pornography by prohibiting pictures in internet editions
of daily newspapers. Many politicians find it easier to "fix problems"
by passing new laws instead of enforcing those already on the books.
Sadly, several prominent Utah politicians are getting a lot of publicity
this way and the news media fails tro distinguish between "legal guns in
schools" and "illegally carried guns".
NO ONE is allowed to own,
possess, or have under their control any firearm if they were ever convicted
of a crime of violence (in Utah or other state or country).
(Utah Code 76-10-503(1))
(Click on the Utah Code section for text
of the law)
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Defined as "aggravated murder, murder, manslaughter, rape, mayhem, kidnapping,
robbery, burglary, housebreaking, extortion, or blackmail accompanied by
threats of violence, assault with a dangerous weapon, assault with intent
to commit any offense punishable by imprisonment for more than one year,
arson punishable by more than one year, or attempt to commit any of these
offenses." (Utah Code 76-10-501(2))
Notes: eligibility of persons with expunged
juvenile records is not clear.
Other factors that prohibit
a person from ownership, possession or control of any firearm:
(Click on the Utah Code section for text of the law)
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Addicted to illegal drugs (Utah Code 76-10-503)
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Ever been adjudicated mentally incompetent or committed to a mental institution
(Utah Code 76-10-503)
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On parole or probation, or under indictment(Utah Code
76-10-504)
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Renounced US citizenship (Utah Code 76-10-504)
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Dishonorable discharge from armed forces (Utah Code
76-10-504)
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Illegal alien (Utah Code
76-10-504)
Note: Zero prosecutions of the 3,767 attempts
by prohibited person to buy guns in Utah in 1998!!!
That is ZERO prosecutions by Utah authorites
for this easily proven state felony.
That is ZERO prosecutions by Federal authorities
for this easily proven federal felony. Nationally there have only
been SEVEN prosecutions in the last five years.
Carrying a concealed weapon:
(Firearms
specifically; many apply to other dangerous weapons as well)
(Click on the Utah Code section for text
of the law)
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Is illegal anywhere in the state (Utah Code 76-10-504)
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Schools, churches, libraries, are already included but not specifically
named.
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It is illegal to carry a loaded gun in a vehicle, bus, or on a public street
(Utah Code 76-10-505;
76-10-1504)
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Certain exempt persons- police, law enforcement official, judges, concealed
carry permit holders, military, etc (Utah Code 53-5-704;
53-5-711;
76-10-523)
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Secure area restrictions applicable to exempted persons including permit
holders listed-(Utah Code 53-5-710;
76-10-523.5)
Mental Health- State and Federal
law prohibit sale of guns to anyone ever:
(Click on the Utah Code section for text
of the law)
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adjudicated mentally defective (Utah Code 76-10-503(3);
and 18 USC 922 Federal law)
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adjudicated mentally incompetent (Utah Code 76-10-503(1)(a))
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committed to a mental institution (Utah Code 76-10-503;
and 18 USC 922 Federal law)
Note: Department of Public Safety must address
how this is or can be enforced. Currently there are no records available
to the Department of Public Safety lilsting people who fall into this category
based on actions in Utah or other states.
Minimum Age for Guns under Utah
and Federal laws:
(Click on the Utah Code section for text
of the law)
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Illegal to sell a handgun to anyone under 21 (18 USC 922(b)(1); 27 CFR178.99(b))
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Illegal to provide a handgun to anyone under 18 (Utah Code
76-10-509.5)
(Note-
sales
governed by federal law above have 21 year minimum age.)
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Under 18 cannot possess a handgun or other dangerous weapon (Utah Code
76-10-509;
76-10-509.4)
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Illegal to sell a rifle or shotgun to anyone under 18 (18 USC 922(b)(1),
27 CFR178.99(b))
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Illegal for a legal purchaser to buy a firearm with intent to provide it
to anyone ineligible to purchase a firearm from a dealer (Utah Code 76-10-527)
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No one under 18 can possess firearms (other than handgun) without permission
from parent or guardian (Utah Code 76-10-509)
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A parent is required to take guns away from juvenile children (Utah Code
76-10-509.7)
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Certain exceptions for hunting, target range, under parental/adult supervision
(Utah Code 76-10-512)
Notes:
a. Statutes mainly punish
the seller in illegal gun sales, with less focus on punishing buyers.
b. Theft of guns or ammunition
is not a separate felony offense.