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UTAH CODE (UCA)
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76-10-500. Uniform law.                            

                                (1)  The individual right to keep and bear arms being a constitutionally protected right, the Legislature finds the need to provide uniform laws throughout the state. Except as specifically provided by state law, a citizen of the United States or a lawfully admitted alien shall not be:                               

                               (a) prohibited from owning, possessing, purchasing, selling, transferring, transporting, or keeping any firearm at his place of residence, property, business, or in any vehicle lawfully in his possession or lawfully under his control; or  (b) required to have a permit or license to purchase, own, possess, transport, or keep a firearm.                       

                                (2)  This part is uniformly applicable throughout this state and in all its political subdivisions and municipalities. All authority to regulate firearms shall be reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities. Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact or enforce any ordinance, regulation, or rule pertaining to firearms.               

76-10-501. Definitions.             

                                As used in this part:                             

                                (1) (a) "Antique firearm" means any firearm:                     

                                (i) (A) with a matchlock, flintlock, percussion cap, or similar type of ignition system; and                            

                                (B) that was manufactured in or before 1898; or                           

                                (ii) that is a replica of any firearm described in this Subsection (1)(a), if the replica:                     

                                (A) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or                              

                                (B) uses rimfire or centerfire fixed ammunition which is:               

                                (I) no longer manufactured in the United States; and                   

                                (II) is not readily available in ordinary channels of commercial trade; or                       

                                (III) (A) that is a muzzle loading rifle, shotgun, or pistol; and                     

                                (B) is designed to use black powder, or a black powder substitute, and cannot use fixed ammunition.                         

                                (b) "Antique firearm" does not include:                               

                                (i) any weapon that incorporates a firearm frame or receiver;                           

                                (ii) any firearm that is converted into a muzzle loading weapon; or                   

                                (iii) any muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the:                     

                                (A) barrel;                              

                                (B) bolt;                                 

                                (C) breechblock; or                               

                                (D) any combination of Subsection (1)(b)(iii)(A), (B), or (C).                            

                                (2) (a) "Concealed dangerous weapon" means a dangerous weapon that is covered, hidden, or secreted in a manner that the public would not be aware of its presence and is readily accessible for immediate use.            

                                (b) A dangerous weapon shall not be considered a concealed dangerous weapon if it is a firearm which is unloaded and is securely encased.                                

                                (3) "Criminal history background check" means a criminal background check conducted by a licensed firearms dealer on every purchaser of a handgun through the division or the local law enforcement agency where the firearms dealer conducts business.                             

                                (4) "Curio or relic firearm" means any firearm that:                           

                                (a) is of special interest to a collector because of a quality that is not associated with firearms intended for:                            

                                (i) sporting use;                    

                                (ii) use as an offensive weapon; or                      

                                (iii) use as a defensive weapon;                           

                                (b) (i) was manufactured at least 50 years prior to the current date; and                        

                                (ii) is not a replica of a firearm described in Subsection (4)(b)(i);                    

                                (c) is certified by the curator of a municipal, state, or federal museum that exhibits firearms to be a curio or relic of museum interest;                                 

                                (d) derives a substantial part of its monetary value:                         

                                (i) from the fact that the firearm is:                     

                                (A) novel;                              

                                (B) rare; or                               

                                (C) bizarre; or                        

                                (ii) because of the firearm's association with an historical:                              

                                (A) figure;                              

                                (B) period; or                         

                                (C) event; and                       

                                (e) has been designated as a curio or relic firearm by the director of the United States Treasury Department Bureau of Alcohol, Tobacco, and Firearms under 27 C.F.R. Sec. 178.11.                       

                                (5) (a) "Dangerous weapon" means any item that in the manner of its use or intended use is capable of causing death or serious bodily injury. The following factors shall be used in determining whether a knife, or any other item, object, or thing not commonly known as a dangerous weapon is a dangerous weapon:                        

                                (i) the character of the instrument, object, or thing;                          

                                (ii) the character of the wound produced, if any;                                 

                                (iii) the manner in which the instrument, object, or thing was used; and                          

                                (iv) the other lawful purposes for which the instrument, object, or thing may be used.                    

                                (b) "Dangerous weapon" does not include any explosive, chemical, or incendiary device as defined by Section 76-10-306. 

                                (6) "Dealer" means every person who is licensed under crimes and criminal procedure, 18 U.S.C. 923 and engaged in the business of selling, leasing, or otherwise transferring a handgun, whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.                      

                                (7) "Division" means the Criminal Investigations and Technical Services Division of the Department of Public Safety, created in Section 53-10-103. 

                                (8) "Enter" means intrusion of the entire body.                  

                                (9) (a) "Firearm" means a pistol, revolver, shotgun, sawed-off shotgun, rifle or sawed-off rifle, or any device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive.                            

                                (b) As used in Sections 76-10-526 and 76-10-527, "firearm" does not include an antique firearm.                          

                                (10) "Firearms transaction record form" means a form created by the division to be completed by a person purchasing, selling, or transferring a handgun from a dealer in the state.                                

                                (11) "Fully automatic weapon" means any firearm which fires, is designed to fire, or can be readily restored to fire, automatically more than one shot without manual reloading by a single function of the trigger.                            

                                (12) (a) "Handgun" means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches.                    

                                (b) As used in Sections 76-10-520, 76-10-521, and 76-10-522, "handgun" and "pistol or revolver" do not include an antique firearm.                  

                                (13) "House of worship" means a church, temple, synagogue, mosque, or other building set apart primarily for the purpose of worship in which religious services are held and the main body of which is kept for that use and not put to any other use inconsistent with its primary purpose. 

                                (14) "Prohibited area" means any place where it is unlawful to discharge a firearm.

                                (15) "Readily accessible for immediate use" means that a firearm or other dangerous weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as readily as if carried on the person.                  

                                (16) "Residence" means an improvement to real property used or occupied as a primary or secondary residence.                    

                                (17) "Sawed-off shotgun" or "sawed-off rifle" means a shotgun having a barrel or barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or barrels of fewer than 16 inches in length, or any dangerous weapon made from a rifle or shotgun by alteration, modification, or otherwise, if the weapon as modified has an overall length of fewer than 26 inches.

                                (18) "Securely encased" means not readily accessible for immediate use, such as held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other storage area of a motor vehicle, not including a glove box or console box.                           

                                (19) "State entity" means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state.                             

                                (20) "Violent felony" means the same as defined in Section 76-3-203.5. 

History: C. 1953, 76-10-501, enacted by L. 1973, ch. 196, 76-10-501; 1974, ch. 32, 27; 1985, ch. 35, 1; 1991, ch. 10, 11; 1993, ch. 234, 381; 1994, ch. 19, 1; 1994, ch. 151, 1; 1995, ch. 80, 1; 1995, ch. 285, 1; 1998, ch. 263, 57; 1999, ch. 5, 3; 1999, ch. 97, 7; 1999, ch. 366, 6; 2000, ch. 303, 4; 2001, ch. 111, 1.                          

76-10-502. When weapon deemed loaded.                          

                                (1)  For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position.                           

                                (2)  Pistols and revolvers shall also be deemed to be loaded when an unexpended cartridge, shell, or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired.                  

                                (3)  A muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.                         

History: C. 1953, 76-10-502, enacted by L. 1973, ch. 196, 76-10-502; 1974, ch. 32, 28; 1990, ch. 328, 1.                             

76-10-503. Restrictions on possession, purchase, transfer, and ownership of dangerous weapons by certain persons.                

                                (1)  For purposes of this section:                        

                                (a) A Category I restricted person is a person who:                          

                                (i) has been convicted of any violent felony as defined in Section 76-3-203.5; 

                                (ii) is on probation or parole for any felony;                        

                                (iii) is on parole from a secure facility as defined in Section 62A-7-101; or 

                                (iv) within the last ten years has been adjudicated delinquent for an offense which if committed by an adult would have been a violent felony as defined in Section 76-3-203.5. 

                                (b) A Category II restricted person is a person who:                        

                                (i) has been convicted of or is under indictment for any felony;                        

                                (ii) within the last seven years has been adjudicated delinquent for an offense which if committed by an adult would have been a felony;                    

                                (iii) is an unlawful user of a controlled substance as defined in Section 58-37

                                (iv) is in possession of a dangerous weapon and is knowingly and intentionally in unlawful possession of a Schedule I or II controlled substance as defined in Section 58-37-2; 

                                (v) has been found not guilty by reason of insanity for a felony offense;                          

                                (vi) has been found mentally incompetent to stand trial for a felony offense;                  

                                (vii) has been adjudicated as mentally defective as provided in the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed to a mental institution;                         

                                (viii) is an alien who is illegally or unlawfully in the United States;                   

                                (ix) has been dishonorably discharged from the armed forces; or                     

                                (x) has renounced his citizenship after having been a citizen of the United States.                        

                                (2)  A Category I restricted person who intentionally or knowingly agrees, consents, offers, or arranges to purchase, transfer, possess, use, or have under his custody or control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under his custody or control:                              

                                (a) any firearm is guilty of a second degree felony; or                       

                                (b) any dangerous weapon other than a firearm is guilty of a third degree felony.                            

                                (3)  A Category II restricted person who purchases, transfers, possesses, uses, or has under his custody or control:                             

                                (a) any firearm is guilty of a third degree felony; or                            

                                (b) any dangerous weapon other than a firearm is guilty of a class A misdemeanor.                       

                                (4)  A person may be subject to the restrictions of both categories at the same time.                   

                                (5)  If a higher penalty than is prescribed in this section is provided in another section for one who purchases, transfers, possesses, uses, or has under this custody or control any dangerous weapon, the penalties of that section control.                                 

                                (6)  It is an affirmative defense to a charge based on the definition in Subsection (1)(b)(iv) that the person was:                      

                                (a) in possession of a controlled substance pursuant to a lawful order of a practitioner for use of a member of the person's household or for administration to an animal owned by the person or a member of the person's household; or                           

                                (b) otherwise authorized by law to possess the  substance.                               

                History: C. 1953, 76-10-503, enacted by L. 2000, ch. 303, 5; 2003, ch. 203, 2; 2003, ch. 235, 1.                               

76-10-504. Carrying concealed dangerous weapon - Penalties.                         

                                (1)  Except as provided in Section 76-10-503 and in Subsections (2) and (3): 

                                (a) a person who carries a concealed dangerous weapon, as defined in Section 76-10-501, which is not a firearm on his person or one that is readily accessible for immediate use which is not securely encased, as defined in this part, in a place other than his residence, property, or business under his control is guilty of a class B misdemeanor; and                                 

                                (b) a person without a valid concealed firearm permit who carries a concealed dangerous weapon which is a firearm and that contains no ammunition is guilty of a class B misdemeanor, but if the firearm contains ammunition the person is guilty of a class A misdemeanor.                                 

                                (2)  A person who carries concealed a sawed-off shotgun or a sawed-off rifle is guilty of a second degree felony.                      

                                (3)  If the concealed firearm is used in the commission of a violent felony as defined in Section 76-3-203.5, and the person is a party to the offense, the person is guilty of a second degree felony.                                

                                (4)  Nothing in Subsection (1) shall prohibit a person engaged in the lawful taking of protected or unprotected wildlife as defined in Title 23, Wildlife Resources Code, from carrying a concealed weapon or a concealed firearm with a barrel length of four inches or greater as long as the taking of wildlife does not occur:                   

                                (a) within the limits of a municipality in violation of that municipality's ordinances; or                  

                                (b) upon the highways of the state as defined in Section 41

                                History: C. 1953, 76-10-504, enacted by L. 1995, ch. 80, 2; 1997, ch. 289, 13; 2000, ch. 303, 6.                               

76-10-505. Carrying loaded firearm in vehicle, on street, or in prohibited area.                               

                                (1)  Unless otherwise authorized by law, a person may not carry a loaded firearm:                  

                                (a) in or on a vehicle;                            

                                (b) on any public street; or                      

                                (c) in a posted prohibited area.                            

                                (2)  A violation of this section is a class B misdemeanor.                                 

                                History: C. 1953, 76-10-505, enacted by L. 1973, ch. 196, 76-10-505; 1990, ch. 328, 2.                               

76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on or about school premises - Penalties.                        

                                (1)  A person may not possess any dangerous weapon, firearm, or sawed-off shotgun, as those terms are defined in Section 76-10-501, at a place that the person knows, or has reasonable cause to believe, is on or about school premises as defined in Subsection 76-3-203.2(1). 

                                (2) (a)  Possession of a dangerous weapon on or about school premises is a class B misdemeanor.                            

                                (b) Possession of a firearm or sawed-off shotgun on or about school premises is a class A misdemeanor.                  

                                (3)  This section does not apply if:                      

                                (a) the person is authorized to possess a firearm as provided under Section 53-5-704, 53-5-705, 76-10-511, or 76-10-523, or as otherwise authorized by law; 

                                (b) the possession is approved by the responsible school administrator;                       

                                (c) the item is present or to be used in connection with a lawful, approved activity and is in the possession or under the control of the person responsible for its possession or use; or                           

                                (d) the possession is:                           

                                (i) at the person's place of residence or on the person's property;                   

                                (ii) in any vehicle lawfully under the person's control, other than a vehicle owned by the school or used by the school to transport students; or                           

                                (iii) at the person's place of business which is not located in the areas described in Subsection 76-3-203.2(1)(a)(i), (ii), or (iv). 

                                (4)  This section does not prohibit prosecution of a more serious weapons offense that may occur on or about school premises.                                   

                                History: C. 1953, 76-10-505.5, enacted by L. 1992, ch. 101, 2; 1993, ch. 234, 382; 1997, ch. 10, 133; 1997, ch. 289, 14; 2003, ch. 203, 3.                          

76-10-506. Threatening with or using dangerous weapon in fight or quarrel.                 

                                Every person, except those persons described in Section 76-10-503, who, not in necessary self defense in the presence of two or more persons, draws or exhibits any dangerous weapon in an angry and threatening manner or unlawfully uses the same in any fight or quarrel is guilty of a class A misdemeanor.                   

                                History: C. 1953, 76-10-506, enacted by L. 1973, ch. 196, 76-10-506; 1992, ch. 101, 3.                               

76-10-507. Possession of deadly weapon with intent to assault.                    

                                Every person having upon his person any dangerous weapon with intent to unlawfully assault another is guilty of a class A misdemeanor.                        

                                History: C. 1953, 76-10-507, enacted by L. 1973, ch. 196, 76-10-507.                 

76-10-508. Discharge of firearm from a vehicle, near a highway, or in direction of any person, building, or vehicle - Penalties.                 

                                (1) (a)  A person may not discharge any kind of dangerous weapon or firearm:                               

                                (i) from an automobile or other vehicle;                              

                                (ii) from, upon, or across any highway;                                

                                (iii) at any road signs placed upon any highways of the state;                          

                                (iv) at any communications equipment or property of public utilities including facilities, lines, poles, or devices of transmission or distribution;                           

                                (v) at railroad equipment or facilities including any sign or signal;                   

                                (vi) within Utah State Park buildings, designated camp or picnic sites, overlooks, golf courses, boat ramps, and developed beaches; or                           

                                (vii) without written permission to discharge the dangerous weapon from the owner or person in charge of the property within 600 feet of:                   

                                (A) a house, dwelling, or any other building; or                   

                                (B) any structure in which a domestic animal is kept or fed, including a barn, poultry yard, corral, feeding pen, or stockyard.                   

                                (b) It shall be a defense to any charge for violating this section that the person being accused had actual permission of the owner or person in charge of the property at the time in question. 

                                (2)  A violation of any provision of this section is a class B misdemeanor unless the actor discharges a firearm under any of the following circumstances not amounting to criminal homicide or attempted criminal homicide, in which case it is a third degree felony and the convicted person shall be sentenced to an enhanced minimum term of three years in prison:                        

                                (a) the actor discharges a firearm in the direction of any person or persons, knowing or having reason to believe that any person may be endangered;                             

                                (b) the actor, with intent to intimidate or harass another or with intent to damage a habitable structure as defined in Subsection 76-6-101(2), discharges a firearm in the direction of any building; or                            

                                (c) the actor, with intent to intimidate or harass another, discharges a firearm in the direction of any vehicle.                            

                                (3)  This section does not apply to a person:                     

                                (a) who discharges any kind of firearm when that person is in lawful defense of self or others; or                  

                                (b) who is performing official duties as provided in Sections 23-20-1.5 and 76-10-523 and as otherwise provided by law.                

History: C. 1953, 76-10-508, enacted by L. 1973, ch. 196, 76-10-508; 1990, ch. 328, 3; 1992, ch. 99, 1; 1995, ch. 23, 2; 1999, ch. 295, 1; 2000, ch. 214, 6.                            

76-10-509. Possession of dangerous weapon by minor.                 

                                (1)  A minor under 18 years of age may not possess a dangerous weapon unless he:                   

                                (a) has the permission of his parent or guardian to have the weapon; or                       

                                (b) is accompanied by a parent or guardian while he has the weapon in his possession.                                

                                (2)  Any minor under 14 years of age in possession of a dangerous weapon shall be accompanied by a responsible adult.                       

                                (3)  Any person who violates this section is guilty of:                     

                                (a) a class B misdemeanor upon the first offense; and                      

                                (b) a class A misdemeanor for each subsequent offense.                  

                                History: C. 1953, 76-10-509, enacted by L. 1973, ch. 196, 76-10-509; 1993 (2nd S.S.), ch. 10, 1.               

76-10-509.4. Prohibition of possession of certain weapons by minors.                             

                                (1)  A minor under 18 years of age may not possess a handgun.                     

                                (2)  Except as provided by federal law, a minor under 18 years of age may not possess the following:                        

                                (a) a sawed-off rifle or sawed-off shotgun; or                      

                                (b) a fully automatic weapon.                               

                                (3)  Any person who violates Subsection (1) is guilty of:                  

                                (a) a class B misdemeanor upon the first offense; and                      

                                (b) a class A misdemeanor for each subsequent offense.                  

                                (4)  Any person who violates Subsection (2) is guilty of a third degree felony.                              

History: C. 1953, 76-10-509.4, enacted by L. 1993 (2nd S.S.), ch. 10, 2; 1994, ch. 94, 1; 1995, ch. 80, 3.                 

76-10-509.5. Penalties for providing certain weapons to a minor.                 

                                (1)  Any person who provides a handgun to a minor when the possession of the handgun by the minor is a violation of Section 76-10-509.4 is guilty of:

                                (a) a class B misdemeanor upon the first offense; and                       

                                (b) a class A misdemeanor for each subsequent offense.                  

                                (2)  Any person who transfers in violation of applicable state or federal law a sawed-off rifle, sawed-off shotgun, or fully automatic weapon to a minor is guilty of a third degree felony.                           

                                History: C. 1953, 76-10-509.5, enacted by L. 1993 (2nd S.S.), ch. 10, 3; 1994, ch. 94, 2.              

76-10-509.6. Parent or guardian providing firearm to violent minor.                            

                                (1)  A parent or guardian may not intentionally or knowingly provide a firearm to, or permit the possession of a firearm by, any minor who has been convicted of a violent felony as defined in Section 76-3-203.5 or any minor who has been adjudicated in juvenile court for an offense which would constitute a violent felony if the minor were an adult.                      

                                (2)  Any person who violates this section is guilty of:                     

                                (a) a class A misdemeanor upon the first offense; and                     

                                (b) a third degree felony for each subsequent offense.                      

History: C. 1953, 76-10-509.6, enacted by L. 1993 (2nd S.S.), ch. 10, 4; 2000, ch. 303, 7.                              

76-10-509.7. Parent or guardian knowing of minor's possession of dangerous weapon.                 

                                Any parent or guardian of a minor who knows that the minor is in possession of a dangerous weapon in violation of Section 76-10-509 or a firearm in violation of Section 76-10-509.4 and fails to make reasonable efforts to remove the firearm from the minor's possession is guilty of a class B misdemeanor.                      

History: C. 1953, 76-10-509.7, enacted by L. 1993 (2nd S.S.), ch. 10, 5.                

76-10-509.9. Sales of firearms to juveniles.                  

                                (1)  A person may not sell any firearm to a minor under 18 years of age unless the minor is accompanied by a parent or guardian.                              

                                (2)  Any person who violates this section is guilty of a third degree felony.                 

                                History: C. 1953, 76-10-509.9, enacted by L. 1993 (2nd S.S.), ch. 13, 1.                

                                76-10-510. Repealed.                       

76-10-511. Possession of loaded firearm at residence authorized.                

                                Except for persons described in Section 76-10-503, a person may have a loaded firearm at his place of residence, including any temporary residence or camp.                                    

History: C. 1953, 76-10-511, enacted by L. 1973, ch. 196, 76-10-511; 1993, ch. 234, 383                

76-10-512. Target concessions, shooting ranges, competitions, and hunting excepted from prohibitions.                    

                                The provisions of Section 76-10-509 and Subsection 76-10-509.4(1) regarding possession of handguns by minors shall not apply to any of the following:                                

                                (1) Patrons firing at lawfully operated target concessions at amusement parks, piers, and similar locations provided that the firearms to be used are firmly chained or affixed to the counters.                     

                                (2) Any person in attendance at a hunter's safety course or a firearms safety cours

                                (3) Any person engaging in practice or any other lawful use of a firearm at an established range or any other area where the discharge of a firearm is not prohibited by state or local law.                           

                                (4) Any person engaging in an organized competition involving the use of a firearm, or participating in or practicing for such competition.                          

                                (5) Any minor under 18 years of age who is on real property with the permission of the owner, licensee, or lessee of the property and who has the permission of a parent or legal guardian or the owner, licensee, or lessee to possess a firearm not otherwise in violation of law.                 

                                (6) Any resident or nonresident hunters with a valid hunting license or other persons who are lawfully engaged in hunting.                      

                                (7) Any person traveling to or from any activity described in Subsection (2), (3), (4), (5), or (6) with an unloaded firearm in his possession.                           

History: C. 1953, 76-10-512, enacted by L. 1973, ch. 196, 76-10-512; 1993 (2nd S.S.), ch. 10, 6; 1994, ch. 12, 112; 2000, ch. 303, 8.                           

                                76-10-513, 76-10-513.5.  Renumbered.                     

                                76-10-514. Repealed.                        

                                76-10-515 to 76-10-518.  Renumbered.                       

                                76-10-519. Repealed.                      

76-10-520. Number or mark assigned to pistol or revolver by Department of Public Safety.                          

                                The Department of Public Safety upon request may assign a distinguishing number or mark of identification to any pistol or revolver whenever it is without a manufacturer's number, or other mark of identification or whenever the manufacturer's number or other mark of identification or the distinguishing number or mark assigned by the Department of Public Safety has been destroyed or obliterated.                      

                                History: C. 1953, 76-10-520, enacted by L. 1973, ch. 196, 76-10-520; 1993, ch. 234, 384.                           

76-10-521. Unlawful marking of pistol or revolver.                            

                                (1)  Any person who places or stamps on any pistol or revolver any number except one assigned to it by the Department of Public Safety is guilty of a class A misdemeanor.                         

                                (2)  This section does not prohibit restoration by the owner of the name of the maker, model, or of the original manufacturer's number or other mark of identification when the restoration is authorized by the Department of Public Safety, nor prevent any manufacturer from placing in the ordinary course of business the name of the make, model, manufacturer's number, or other mark of identification upon a new pistol or revolver.                                

History: C. 1953, 76-10-521, enacted by L. 1973, ch. 196, 76-10-521; 1993, ch. 234, 385.                          

76-10-522. Alteration of number or mark on pistol or revolver.                    

                                Any person who changes, alters, removes, or obliterates the name of the maker, the model, manufacturer's number, or other mark of identification, including any distinguishing number or mark assigned by the Department of Public Safety, on any pistol or revolver, without first having secured written permission from the Department of Public Safety to make the change, alteration, or removal, is guilty of a class A misdemeanor.                     

History: C. 1953, 76-10-522, enacted by L. 1973, ch. 196, 76-10-522; 1993, ch. 234, 386.                           

76-10-523. Persons exempt from weapons laws.                              

                                (1)  This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to any of the following:                               

                                (a) a United States marshal;                                

                                (b) a federal official required to carry a firearm;                                

                                (c) a peace officer of this or any other jurisdiction;                              

                                (d) a law enforcement official as defined and qualified under Section 53-5-71

                                (e) a judge as defined and qualified under Section 53-5-7

                                (f) a common carrier while engaged in the regular and ordinary transport of firearms as merchandise; or                    

                                (g) a nonresident traveling in or through the state, provided that any firearm is:                       

                                (i) unloaded; and                   

                                (ii) securely encased as defined in Section 76-10-501.

                                (2)  The provisions of Subsections 76-10-504(1)(a), (1)(b), and Section 76-10-505 do not apply to any person to whom a permit to carry a concealed firearm has been issued:                   

                                (a) pursuant to Section 53-5-704; or

                                (b) by another state or county.                             

History: C. 1953, 76-10-523, enacted by L. 1973, ch. 196, 76-10-523; 1993, ch. 234, 387; 1994, ch. 54, 2; 1995, ch. 80, 4; 1997, ch. 57, 2; 1997, ch. 144, 1; 2001, ch. 316, 1; 2003, ch. 202, 1.                         

76-10-523.5. Compliance with rules for secure facilities.               

                                Any person, including a person licensed to carry a concealed firearm under Title 53, Chapter 5, Part 7, Concealed Weapons, shall comply with any rule established for secure facilities pursuant to Sections 53B-3-103, 76-8-311.1, 76-8-311.3, and 78-7-6 and shall be subject to any penalty provided in those sections.                              

History: C. 1953, 76-10-523.5, enacted by L. 1996, ch. 164, 4; 2002, ch. 323, 3.                            

                                Administrative Rules. - This section is implemented by, interpreted by, or cited as authority for the following administrative rule(s): R547-14.                                     

76-10-524. Purchase of firearms in contiguous states pursuant to federal law.                           

                                This part will allow purchases of firearms and ammunition by residents in contiguous states pursuant to the Federal Fire Arms Gun Control Act of 1968, section 922, paragraph B, no. 3.                     

History: C. 1953, 76-10-524, enacted by L. 1973, ch. 196, 76-10-524.                 

76-10-525. Disposition of weapons after use for court purposes.                       

                                All police departments and/or sheriff's departments which have in their possession a weapon after it has been used for court purposes shall determine the true owner of the weapon and return it to him; however, if unable to determine the true owner of the weapon, or if the true owner is the person committing the crime for which the weapon was used as evidence, the department shall confiscate it and it shall revert to that agency for their use and/or disposal as the head of the department determines.                            

        History: C. 1953, 76-10-525, enacted by L. 1973, ch. 196, 76-10-525.                 

                               

76-10-526. Criminal background check prior to purchase of a firearm - Fee - Exemption for concealed firearm permit holders.              

                                (1)  A criminal background check required by this section shall only apply to the purchase of a handgun until federal law requires the background check to extend to other firearms.                       

                                (2)  At the time that federal law extends the criminal background check requirement to other firearms, the division shall make rules to extend the background checks required under this section to the other firearms.                             

                                (3)  For purposes of this section, "valid permit to carry a concealed firearm" does not include a temporary permit issued pursuant to Section 53-5-705

                                (4)  To establish personal identification and residence in this state for purposes of this part, a dealer shall require any person receiving a firearm to present:                             

                                (a) one photo identification on a form issued by a governmental agency of the state; and                             

                                (b) one other documentation of residence which must show an address identical to that shown on the photo identification form.                                     

                                (5)  A criminal history background check is required for the sale of a firearm by a licensed firearm dealer in the state.                               

                                (6)  Any person, except a dealer, purchasing a firearm from a dealer shall consent in writing to a criminal background check, on a form provided by the division. The form shall also contain the following information:                     

                                (a) the dealer identification number;                   

                                (b) the name and address of the person receiving the firearm;                         

                                (c) the date of birth, height, weight, eye color, and hair color of the person receiving the firearm; and                          

                                (d) the Social Security number or any other identification number of the person receiving the firearm.                        

                                (7) (a)  The dealer shall send the form required by Subsection (6) to the division immediately upon its completion.                  

                                (b) No dealer shall sell or transfer any firearm to any person until the dealer has provided the division with the information in Subsection (6) and has received approval from the division under Subsection (9).                        

                                (8)  The dealer shall make a request for criminal history background information by telephone or other electronic means to the division and shall receive approval or denial of the inquiry by telephone or other electronic means.                            

                                (9)  When the dealer calls for or requests a criminal history background check, the division shall:                              

                                (a) review the criminal history files, including juvenile court records, to determine if the person is prohibited from purchasing, possessing, or transferring a firearm by state or federal law;                            

                                (b) inform the dealer that:                    

                                (i) the records indicate the person is so prohibited; or                      

                                (ii) the person is approved for purchasing, possessing, or transferring a firearm;                           

                                (c) provide the dealer with a unique transaction number for that inquiry; and                  

                                (d) provide a response to the requesting dealer during the call for a criminal background, or by return call, or other electronic means, without delay, except in case of electronic failure or other circumstances beyond the control of the division, the division shall advise the dealer of the reason for the delay and give the dealer an estimate of the length of the delay.                        

                                (10)  The division shall not maintain any records of the criminal history background check longer than 20 days from the date of the dealer's request if the division determines that the person receiving the gun is not prohibited from purchasing, possessing, or transferring the firearm under state or federal law. However, the division shall maintain a log of requests containing the dealer's federal firearms number, the transaction number, and the transaction date for a period of 12 months.                            

                                (11)  If the criminal history background check discloses information indicating that the person attempting to purchase the firearm is prohibited from purchasing, possessing, or transferring a firearm, the division shall inform the law enforcement agency in the jurisdiction where the person resides.                     

                                (12)  If a person is denied the right to purchase a firearm under this section, the person may review his criminal history information and may challenge or amend the information as provided in Section 53-10-108. 

                                (13)  The division shall make rules as provided in Title 63, Chapter 46a, Utah Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all records provided by the division pursuant to this part are in conformance with the requirements of the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).                          

                                (14) (a)  All dealers shall collect a criminal history background check fee which is $7.50. This fee remains in effect until changed by the division through the process under Section 63-38-3.2. 

                                (b) The dealer shall forward at one time all fees collected for criminal history background checks performed during the month to the division by the last day of the month following the sale of a firearm. The division shall deposit the fees in the General Fund as dedicated credits to cover the cost of administering and conducting the criminal history background check program.                                 

                                (15)  A person with a concealed firearm permit issued pursuant to Title 53, Chapter 5, Part 7, Concealed Weapon Act, shall be exempt from the background check and corresponding fee required in this section for the purchase of a firearm if:                    

                                (a) the person presents his concealed firearm permit to the dealer prior to purchase of the firearm; and                     

                                (b) the dealer verifies with the division that the person's concealed firearm permit is valid.                          

                                History: C. 1953, 76-10-526, enacted by L. 1994, ch. 19, 3; 1995, ch. 28, 64; 1995, ch. 295, 3; 1997, ch. 285, 1; 1998, ch. 187, 3; 1998, ch. 263, 58; 1999, ch. 227, 4; 2000, ch. 90, 2; 2000, ch. 303, 9.                      

76-10-527. Penalties.                               

                                (1)  This section shall apply only to a handgun until federal law requires the background check in Section 76-10-526 to extend to other firearms at which time this section shall also apply to those firearms.                   

                                (2)  A dealer is guilty of a class A misdemeanor who willfully and intentionally:                             

                                (a) requests, obtains, or seeks to obtain criminal history background information under false pretenses; or                               

                                (b) disseminates criminal history background information.                               

                                (3)  A person who purchases or transfers a firearm is guilty of a felony of the third degree who willfully and intentionally makes a false statement of the information required for a criminal background check in Section 76-10-526. 

                                (4)  A dealer is guilty of a felony of the third degree if the dealer willfully and intentionally sells or transfers a firearm in violation of this part.                                

                                (5)  A person is guilty of a felony of the third degree who purchases a firearm with the intent to:                  

                                (a) resell or otherwise provide a firearm to any person who is ineligible to purchase or receive from a dealer a firearm; or                        

                                (b) transport a firearm out of this state to be resold to an ineligible person.                    

                 History: C. 1953, 76-10-527, enacted by L. 1994, ch. 19, 4; 1998, ch. 187,  4.                  

76-10-528. Carrying a dangerous weapon while under influence of alcohol or drugs unlawful.                       

                                (1)  Any person who carries a dangerous weapon while under the influence of alcohol or a controlled substance as defined in Section 58-37-2 is guilty of a class B misdemeanor. Under the influence means the same level of influence or blood or breath alcohol concentration as provided in Section 41-6-44.

                                (2)  It is not a defense to prosecution under this section that the person:                  

                                (a) is licensed in the pursuit of wildlife of any kind; or                       

                                (b) has a valid permit to carry a concealed firearm.                           

                                History: C. 1953, 76-10-528, enacted by L. 1995, ch. 23, 3.                    

76-10-529. Possession of dangerous weapons, firearms, or explosives in airport secure areas prohibited - Penalty.                   

                                (1)  As used in this section:                                

                                (a) "Airport authority" has the same meaning as defined in Section 72-10-102. 

                                (b) "Dangerous weapon" is the same as defined in Section 76-10-501. 

                                (c) "Explosive" is the same as defined for "explosive, chemical, or incendiary device" in Section 76-10-306. 

                                (d) "Firearm" is the same as defined in Section 76-10-501.

                                (2) (a)  Within a secure area of an airport established pursuant to this section, a person, including a person licensed to carry a concealed firearm under Title 53, Chapter 5, Part 7, Concealed Weapon Act, is guilty of:                            

                                (i) a class B misdemeanor if the person knowingly or intentionally possesses any dangerous weapon or firearm;                       

                                (ii) an infraction if the person recklessly or with criminal negligence possesses any dangerous weapon or firearm; or                               

                                (iii) a violation of Section 76-10-306 if the person transports, possesses, distributes, or sells any explosive, chemical, or incendiary device.                                 

                                (b) Subsection (2)(a) does not apply to:                             

                                (i) persons exempted under Section 76-10-523; and 

                                (ii) members of the state or federal military forces while engaged in the performance of their official duties.                               

                                (3)  An airport authority, county, or municipality regulating the airport may:                

                                (a) establish any secure area located beyond the main area where the public generally buys tickets, checks and retrieves luggage; and                         

                                (b) use reasonable means, including mechanical, electronic, x-ray, or any other device, to detect dangerous weapons, firearms, or explosives concealed in baggage or upon the person of any individual attempting to enter the secure area.                               

                                (4)  At least one notice shall be prominently displayed at each entrance to a secure area in which a dangerous weapon, firearm, or explosive is restricted.                         

                                (5)  Upon the discovery of any dangerous weapon, firearm, or explosive, the airport authority, county, or municipality, the employees, or other personnel administering the secure area may:                                 

                                (a) require the individual to deliver the item to the air freight office or airline ticket counter;                        

                                (b) require the individual to exit the secure area; or                          

                                (c) obtain possession or retain custody of the item until it is transferred to law enforcement officers.                         

                                History: C. 1953, 76-10-529, enacted by L. 1997, ch. 117, 2; 1999, ch. 97, 9; 2003, ch. 183, 2.                 

76-10-530. Trespass with a firearm in a house of worship or private residence - Notice - Penalty.                                                  

                                (1)  A person, including a person licensed to carry a concealed firearm pursuant to Title 53, Chapter 5, Part 7, Concealed Weapon Act, after notice has been given as provided in Subsection (2) that firearms are prohibited, may not knowingly and intentionally:                           

                                (a) transport a firearm into:                  

                                (i) a house of worship; or                                              

                                (ii) a private residence; or                    

                                (b) while in possession of a firearm, enter or remain in:                     

                                (i) a house of worship; or                      

                                (ii) a private residence.                        

                                (2)  Notice that firearms are prohibited may be given by:                                 

                                (a) personal communication to the actor by:                      

                                (i) the church or organization operating the house of worship;                          

                                (ii) the owner, lessee, or person with lawful right of possession of the private residence; or                          

                                (iii) a person with authority to act for the person or entity in Subsections (2)(a)(i) and (ii);                           

                                (b) posting of signs reasonably likely to come to the attention of persons entering the house of worship or private residence;                                 

                                (c) announcement, by a person with authority to act for the church or organization operating the house of worship, in a regular congregational meeting in the house of worship;                               

                                (d) publication in a bulletin, newsletter, worship program, or similar document generally circulated or available to the members of the congregation regularly meeting in the house of worship; or                        

                                (e) publication in a newspaper of general circulation in the county in which the house of worship is located or the church or organization operating the house of worship has its principal office in this state.                        

                                (3)  A church or organization operating a house of worship and giving notice that firearms are prohibited may:                          

                                (a) revoke the notice, with or without supersedure, by giving further notice in any manner provided in Subsection (2); and                       

                                (b) provide or allow exceptions to the prohibition as the church or organization considers advisable.

                                (4) (a) (i)  Within 30 days of giving or revoking any notice pursuant to Subsection (2)(c), (d), or (e), a church or organization operating a house of worship shall notify the division on a form and in a manner as the division shall prescribe. 

                                (ii) The division shall post on its website a list of the churches and organizations operating houses of worship who have given notice under Subsection (4)(a)(i).                       

                                (b) Any notice given pursuant to Subsection (2)(c), (d), or (e) shall remain in effect until revoked or for a period of one year from the date the notice was originally given, whichever occurs first.                      

                                (5)  Nothing in this section permits an owner who has granted the lawful right of possession to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm in the residence.                               

                                (6)  A violation of this section is an infraction.                   

                                History: C. 1953, 76-10-530, enacted by L. 1999, ch. 366, 7; 2003, ch. 203, 4.                 

                                76-10-531. Repealed.                   

 76-2-401.   Justification as defense -- When allowed.
     (1) Conduct which is justified is a defense to prosecution for any offense based on the conduct. The defense of justification may be claimed:
     (a) when the actor's conduct is in defense of persons or property under the circumstances described in Sections 76-2-402 through 76-2-406 of this part;
     (b) when the actor's conduct is reasonable and in fulfillment of his duties as a governmental officer or employee;
     (c) when the actor's conduct is reasonable discipline of minors by parents, guardians, teachers, or other persons in loco parentis, as limited by Subsection (2);
     (d) when the actor's conduct is reasonable discipline of persons in custody under the laws of the state; or
     (e) when the actor's conduct is justified for any other reason under the laws of this state.
     (2) The defense of justification under Subsection (1)(c) is not available if the offense charged involves causing serious bodily injury, as defined in Section 76-1-601, serious physical injury, as defined in Section 76-5-109, or the death of the minor.
   

 76-2-402.   Force in defense of person -- Forcible felony defined.
     (1) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that force is necessary to defend himself or a third person against such other's imminent use of unlawful force. However, that person is justified in using force intended or likely to cause death or serious bodily injury only if he or she reasonably believes that force is necessary to prevent death or serious bodily injury to himself or a third person as a result of the other's imminent use of unlawful force, or to prevent the commission of a forcible felony.
     (2) A person is not justified in using force under the circumstances specified in Subsection (1) if he or she:
     (a) initially provokes the use of force against himself with the intent to use force as an excuse to inflict bodily harm upon the assailant;
     (b) is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or
     (c) (i) was the aggressor or was engaged in a combat by agreement, unless he withdraws from the encounter and effectively communicates to the other person his intent to do so and, notwithstanding, the other person continues or threatens to continue the use of unlawful force; and
     (ii) for purposes of Subsection (i) the following do not, by themselves, constitute "combat by agreement":
     (A) voluntarily entering into or remaining in an ongoing relationship; or
     (B) entering or remaining in a place where one has a legal right to be.
     (3) A person does not have a duty to retreat from the force or threatened force described in Subsection (1) in a place where that person has lawfully entered or remained, except as provided in Subsection (2)(c).
     (4) For purposes of this section, a forcible felony includes aggravated assault, mayhem, aggravated murder, murder, manslaughter, kidnapping, and aggravated kidnapping, rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse of a child, and aggravated sexual assault as defined in Title 76, Chapter 5, and arson, robbery, and burglary as defined in Title 76, Chapter 6. Any other felony offense which involves the use of force or violence against a person so as to create a substantial danger of death or serious bodily injury also constitutes a forcible felony. Burglary of a vehicle, defined in Section 76-6-204, does not constitute a forcible felony except when the vehicle is occupied at the time unlawful entry is made or attempted.
     (5) In determining imminence or reasonableness under Subsection (1), the trier of fact may consider, but is not limited to, any of the following factors:
     (a) the nature of the danger;
     (b) the immediacy of the danger;
     (c) the probability that the unlawful force would result in death or serious bodily injury;
     (d) the other's prior violent acts or violent propensities; and
     (e) any patterns of abuse or violence in the parties' relationship.

76-2-403.   Force in arrest.
     Any person is justified in using any force, except deadly force, which he reasonably believes to be necessary to effect an arrest or to defend himself or another from bodily harm while making an arrest.

76-2-404.   Peace officer's use of deadly force.
     (1) A peace officer, or any person acting by his command in his aid and assistance, is justified in using deadly force when:
     (a) the officer is acting in obedience to and in accordance with the judgment of a competent court in executing a penalty of death;
     (b) effecting an arrest or preventing an escape from custody following an arrest, where the officer reasonably believes that deadly force is necessary to prevent the arrest from being defeated by escape; and
     (i) the officer has probable cause to believe that the suspect has committed a felony offense involving the infliction or threatened infliction of death or serious bodily injury; or
     (ii) the officer has probable cause to believe the suspect poses a threat of death or serious bodily injury to the officer or to others if apprehension is delayed;
     (c) the officer reasonably believes that the use of deadly force is necessary to prevent death or serious bodily injury to the officer or another person.
     (2) If feasible, a verbal warning should be given by the officer prior to any use of deadly force under Subsection (1) (b) or (1) (c).

76-2-405.   Force in defense of habitation.
     (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.
     (2) The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.

76-2-406.   Force in defense of property.
     A person is justified in using force, other than deadly force, against another when and to the extent that he reasonably believes that force is necessary to prevent or terminate criminal interference with real property or personal property:
     (1) Lawfully in his possession; or
     (2) Lawfully in the possession of a member of his immediate family; or
     (3) Belonging to a person whose property he has a legal duty to protect.

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