The state of Utah is known for having favorable gun laws. It is considered one of the best places to live in terms of possessing a firearm. Despite of Utah’s favorable firearm statutes, there are still many instances when bearing a firearm can result in steep fines and jail time. For example, possessing a firearm in an unauthorized area is strictly prohibited. This includes federal buildings, churches, and school premises, among others.
Gun charges are a serious matter. Aside from incarceration, some of the collateral consequences of a conviction include losing employment, inability to apply for a home, and damage to your reputation. If you have been convicted of possessing a firearm in an unauthorized area, it is important to obtain a skilled criminal defense attorney in Utah that can help you fight those charges and obtain a favorable outcome.
Possessing a firearm in an unauthorized area carries stiff penalties. If you or a loved one was arrested and charged with possessing a firearm in an unauthorized area, contact Utah criminal defense attorney Susanne Gustin. She carries more than 28 years of courtroom experience and has defended numerous clients against some of the most gun possession charges.
Susanne Gustin Attorney at Law serves individuals in Salt Lake City, Midvale, Riverton, Taylorsville, Clearfield, Layton, Davis County, and the surrounding areas. Call (801) 243-2814 today to schedule a free, initial consultation regarding your gun possession charges today. Gun possession lawyer Susanne Gustin is prepared to review your case.
The state of Utah is known as a constitutional carry state. This means that it is legal to carry a firearm with a provisional permit as long as an individual is at least 18 years old, and they are not considered a “prohibited person” as defined in Utah Code 76.10.503. A person can also carry a fully loaded firearm, visible or concealed, without a concealed firearm permit if they are at least 21 years of age.
Although these firearm statutes are favorable, Utah still holds certain restrictions when it comes to possessing weapons. Per Utah Code 53.5.710, it is illegal to possess a firearm in a prohibited area, even if a person has a concealed firearm permit. Prohibited areas include:
According to Subsection 76-10-505.5(1)(a), is illegal for an individual under the age of 21 with a permit of any kind to carry a concealed firearm on school premises. Per the statute, school premises include any elementary, middle school, or high school. Possession of a dangerous weapon on school premises is a class B misdemeanor, which can result in a couple of penalties. A person convicted of this offense can expect to face a maximum of six months in a county jail and up to $1,000 in fines. Possession of a firearm or short barreled shotgun on school premises is a class A misdemeanor, which is punishable by one year in jail and up to $2,500 in fines.
Per Subsection 76-10-529, it is legal to carry a firearm into an airport to the airline ticket counters and baggage claim area. However, Utah law states that it is illegal to possess a firearm within a secure area of an airport, which is past the security checkpoint. A person convicted of this offense can also expect to face a class A misdemeanor which is punishable by one year in jail and up to $2,500 in fines.
Utah law also prohibits individuals from possessing firearms in several federal establishments. For example, this includes the Social Security Administration, Internal Revenue Service (IRS), and United States District Courts. However, every location must have a sign posted at its public entrance announcing firearms are prohibited in that area. If there is not a sign, an individual cannot be convicted of possessing a firearm in an unauthorized area.
Penalties for carrying a weapon in a federal building can be stiff. According to 18 U.S. Code § 930, an individual that knowingly possesses or causes to be present a firearm or other dangerous weapon in a federal facility can face a Class E felony. A Class E Felony is punishable by up to 2 years in prison and up to a $250,000 fine.
The punishment is enhanced to a Class D Felony if the individual utilizes a firearm or other dangerous weapon in a crime. A Class D Felony is punishable by up to 5 years in prison and up to a $250,000 fine. According to the statute, the term “dangerous weapon” is defined as a device, instrument or substance that is used for causing death or serious bodily injury.
The U.S.C. Code – Possession of Firearms and Dangerous Weapons in Federal facilities: Visit §930 of the Utah Penal Code which constitutes the possession of firearms and dangerous weapons in federal facilities. Click the link to read elements of the offense. The webpage defines terms related to the offense such as “federal facility,” “dangerous weapon” and “federal court facility.”
Utah Code – Possessing a Firearm in an Unauthorized Area: Visit Chapter 10, Part 5 of the Utah Code which constitutes weapons. Click the link to learn more about penalties for carrying a concealed firearm. You’ll also be able to view more information on penalties for providing certain weapons to a minor and possession of deadly weapon with criminal intent.
Possessing a firearm in an unauthorized area is a serious matter and can have long-lasting damaging effects on a person’s life. It is crucial to consult an experienced criminal defense attorney if you’re facing these charges. In an important decision like this, we suggest you contact lawyer Susanne Gustin at Susanne Gustin Attorney at Law.
Susanne Gustin Attorney at Law represents individuals in Salt Lake City or Davis Counties, including Salt Lake City, Taylorsville, Riverton, Midvale, Clearfield, Layton, and surrounding communities. Call (801) 243-2814 to discuss your legal options and have Susanne Gustin review your case. You do not have to face these charges alone.