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Constitutional Right to Keep and Bear Arms?

Yes. The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the State as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the legislature from defining the lawful use of arms.

To qualify, applicants must be at least 21 years of age, receive a Weapon Familiarity Certification by successfully completing a firearms familiarity course and undergo a background check.

Persons who are denied carry permits in Utah include anyone who has been convicted of a felony, anyone who has been convicted of a crime of violence, anyone who has been convicted of alcohol-related offenses, anyone who has been convicted of drug-related offenses, anyone who has been convicted of domestic violence offenses, and the mentally incompetent.

Application is made through the Utah Department of Public Safety. Permits are issued within 60 days. They are valid for five years, at a cost of $65.25.

Utah’s carry permits are honored by the following states: Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Michiga, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming.

Utah honors permits from the states of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia and Wyoming.

Castle Doctrine

Utah has a self-defense law based on the castle doctrine. The law was enacted in 1985, before the castle doctrine became engrained in America’s political culture. Nevertheless, the law closely mirrors more recent castle laws enacted by a number of states, justifying the use of deadly force in certain circumstances with no duty for the victim to retreat.

The law states that a person is justified in using deadly force if entry is made in a violent or stealthy manner, and if the person believes deadly force is necessary to prevent an assault, violent attack or other felony from taking place.

Specifically, the law reads:

(1) A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other s unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:

(a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or

(b) he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony.

Pro-Gun Provisions

Utah is one of only a handful of states with a workplace protection law, which extends protection to workers who have a gun in a vehicle parked in an employer’s parking lot. The state also has a firearms preemption law, which prevents cities or counties from enacting gun laws that are more restrictive than state law, and a range protection law, which extends protection to gun firing ranges.

On the other hand, unlicensed open carry is generally prohibited in Utah. Anyone who wishes to carry a loaded weapon must obtain a carry permit.

Restrictions

Gun bans: None.

Waiting periods for gun purchases: None.

License or permit to purchase guns: None.

Registration of guns: None.