Permit Denials, Suspensions & Revoking
If the following applies, your concealed firearm permit may be denied, suspended, or revoked.
- Danger to Self or Others (threat of or attempt of suicide, with or without an arrest or conviction) = Time frame based on CFP Board's discretion.
In determining whether the applicant or permit holder has been or is a danger to self or others, the bureau may inspect; expunged records of arrests and convictions of adults and juvenile court records as described in 53-5-704 (3)(c).
- Past Pattern of Violent Behavior = Time frame based on CFP Board's discretion.
- Outstanding Warrants = Suspension until dismissed/removed.
- Failure to Provide Sufficient Fingerprints = Suspension until the bureau receives a new set of fingerprints.
Permit Denials Due To Criminal Convictions
As described in R722-300-4 (5)(b), if the applicant does not meet the qualifications set forth in Subsection 53-5-704(2)(a) because the applicant has been convicted of a crime, the bureau may find that mitigating circumstances exist if the applicant was not convicted of a registerable sex offense, and the following time periods have elapsed from the date the applicant was convicted or released from incarceration, parole, or probation, whichever occurred last.
"The below time frames are non binding and only listed as a general guideline."
- Class A misdemeanor = five years (including crimes of violence, unlawful use of alcohol, unlawful use of narcotics/controlled substances, moral turpitude and weapons/firearms violations)
- Class B misdemeanor = four years
- Class C misdemeanor or infraction = three years (includes non-weapon related infractions)
Juvenile Felony Convictions
- Nonviolent felony = 7 years (Theft, Forgery, Distribute Controlled Substance, Possession of a Stolen Vehicle, Receive Stolen Property, Possession of a Controlled Substance.)
- Violent Felony = 10 years (Robbery, Aggravated Arson, Aggravated Assault, Aggravated Kidnapping, Rape, Murder.)
If you have been convicted of or have any of the following, you will never be eligible to obtain a Utah concealed firearm permit.
- Felony Conviction or not qualified to possess firearms (prohibited person) by State law as described in 76-10-503 and Federal law as described in 18 USC § 922(g) (unless dismissed, reduced to a misdemeanor or expunged)
- Convicted of a Registerable Sex Offense (unless dismissed or expunged)
- Adjudicated Mentally Defective (Mentally Incompetent): Must be by a State or Federal court
- Prohibited for life, even with rights restored and or expunged
- Exemptions: Voluntary admits, to a mental institution for observation/evaluation
- Domestic Violence (unless dismissed, reduced to an infraction or expunged)
- Protective Order: Must have an element of cohabitation (family member). Protective Orders in Utah DO NOT expire
- Restraining orders (neighbors, etc.), stalking injunctions, etc. are not prohibitors
- Conviction of any crime punishable by a term exceeding one year
- Unlawful user of a controlled substance. Possession (illegal) is a one-year disqualifier even if the case is dismissed or found not guilty
Restoration of Rights/Relief from Disabilities are still a denier if the felony conviction remains on the criminal history
** "Convicted" means criminal conduct where the filing of a criminal charge has resulted in:
(a) a finding of guilt based on evidence presented to a judge or jury;
(b) a guilty plea;
(c) a plea of nolo contendere;
(d) a plea of guilty or nolo contendere which is held in abeyance pending the successful completion of probation;
(e) a pending diversion agreement; or
(f) a conviction which has been reduced pursuant to Section 76-3-402
** "Offense involving moral turpitude", means:
A crime involving conduct which is done knowingly contrary to justice, honesty, or good morals; has an element of falsification or fraud; or contains an element of harm or injury directed to another person or another's property as described in R722-300-3(2)(I).
Examples: Theft, Bribery, Receiving Stolen Property, Fraud, Perjury, Firearm Violations, Tax Evasion, Extortion, Burglary, Issuing Bad Checks, Arson, Vandalism, Robbery, Criminal Mischief, Kidnapping, Interference With Police, Falsifying Government Records, Crimes Involving Unlawful Sexual Conduct, Fleeing, Resisting, or Failure to Obey Police, Wildlife Violations Involving Weapons, Violations of the Pornographic and Harmful Materials Performance Act, Obstruction of justice, and Forgery.
Appeals Process In Case Of Denial
53-5-704. Bureau duties -- Permit to carry concealed firearm -- Certification for concealed firearms instructor -- Requirements for issuance -- Violation -- Denial, suspension, or revocation -- Appeal procedure.
(16)(a) In the event of a denial, suspension, or revocation of a permit, the applicant or permit holder may file a petition for review with the board within 60
days from the date the denial, suspension, or revocation is received by the applicant or permit holder by certified mail, return receipt requested.
(b) The bureau's denial of a permit shall be in writing and shall include the general reasons for the action.
(c) If an applicant or permit holder appeals the denial to the review board, the applicant or permit holder may have access to the evidence upon which
the denial is based in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
(d) On appeal to the board, the bureau has the burden of proof by a preponderance of the evidence.
(e)(i) Upon a ruling by the board on the appeal of a denial, the board shall issue a final order within 30 days stating the board's decision.
(ii) The final order shall be in the form prescribed by Subsection 63G-4-203(1)(i).
(iii) The final order is final bureau action for purposes of judicial review under Section 63G-4-402.
If you have any questions contact BCI at (801) 965-4445 or [email protected].
Utah Expungement Eligibility
(8) "Expunge" means to seal or otherwise restrict access to the petitioner's record held by an agency when the record includes a criminal investigation, detention, arrest, or conviction.
According to 77-40-108; after a charge is expunged, the petitioner may respond to any inquiry as though the arrest or conviction did not occur. After BCI receives an “order of expungement” signed by a judge, the Bureau completely deletes all information about the charge. The information is stored in an expungement file, and can only be accessed by agencies listed under 77-40-109. Expungement eligibility will be based upon your total history, not what has been reported to BCI and includes incidents in all states. Some factors which may contribute to a denial are:
• 10 years - Any alcohol related traffic offense
• 7 years - Eligible Felonies
• 5 years - Class A misdemeanor
• 4 years - All Class B misdemeanors except alcohol related offenses
• 3 years - Class 3 misdemeanors and infractions
• 30 days - Dismissals
The time period does not begin until the date of conviction, release from incarceration, parole, and/or probation has been completed and all fines have been paid.
Typical Crimes Not Eligible For Expungement
First degree felonies, felony DUI's, automobile homicide, registerable sex offenses and you may also be denied eligibility if your criminal record is too long or if your criminal record includes convictions arising from separate criminal episodes for two or more felonies, three or more misdemeanors (if two of them are class A) four or more misdemeanors (if three of them are class B) or five or more crimes of any degree other than infractions.
The wait time for an expungement can sometimes be shortened by first having the level of the charge reduced under 76-3-402. If you successfully completed probation, you may be able to petition to the court for a one-step or two-step reduction in the level of the conviction. This process can also be used if you were denied eligibility for expungement due to multiple felonies or too many misdemeanor convictions.
For more information about expungements visit BCI's website here or contact the Expungement Section at (801) 965-4445.