It is ILLEGAL to purchase, possess, transfer, or own a firearm in Utah if you are a prohibited person as defined in 76-10-503 and 18 U.S.C. 922
Topics
Purchasing A Firearm From A Federal Firearms License (FFL) Dealer
Gun Stores/Ranges, Gun Shows & Pawn Shops
- Handguns
- Rifles & Shotguns
- Buying Firearms As A Gift
- Requirements When Purchasing A Firearm
- Purchasing NFA Firearms & Silencers
It is ILLEGAL to purchase, possess, transfer, or own a firearm if you are a prohibited person as defined in 76-10-503 and/or 18 U.S.C. 922 (g), (n), or (x). See the FAQs below.
Handguns
- It is LEGAL for a resident of Utah who is at least 21 years old to purchase a handgun, frame or receiver.
- It is ILLEGAL for anyone under the age of 21 to purchase a handgun, frame or receiver from an FFL dealer.
- It is ILLEGAL for a resident of another state (nonresident) to purchase a handgun in Utah unless;
- The individual is a member of the United States Armed Forces on active duty;
a. The military member’s permanent duty station is currently in Utah;
b. The military member must list both their permanent duty station address and residence address in response to question 10 on the Firearm Transaction Record (ATF Form 4473)
c. The military member must provide a copy of their active duty Permanent Change of Station (PCS) orders showing Utah is the current duty station - The individual can provide acceptable documentation showing they are a dual resident and they are currently living in Utah.
- The individual is a member of the United States Armed Forces on active duty;
Rifles & Shotguns
- It is LEGAL for a person who is at least 18 years old to purchase a rifle or shotgun if the person is;
- A Utah resident
- A resident of another state (nonresident) who complies with the laws of their resident state such as firearm and/or magazine capacity restrictions, etc.
- An alien who is legally in the United States unless the alien is admitted into the United States under a nonimmigrant visa and does not meet one of the exceptions as provided in 18 U.S.C. 922(y)(2), such as possession of a valid hunting license or permit. See the FAQs below.
Buying Firearms As A Gift
- It is LEGAL to purchase a firearm as a gift for another person. See question 21a Actual Transferee-Buyer on the ATF Form 4473. Click for picture
- It is LEGAL for a parent or guardian to purchase a handgun, rifle, and/or shotgun as a gift for a minor, however, the minor may only receive and possess a firearm with the written permission of a parent or guardian for limited purposes e.g., employment, ranching, farming, target practice or hunting as stated in 18 U.S.C. 922(x) and 76-10-512. See minors with firearms.
- It is ILLEGAL to purchase a firearm for another person, even if they are not a restricted person.
Example: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. This is considered a Straw Purchase, a Federal Felony with a penalty of ten years in jail and a fine of up to $250,000. See question 21a, Actual Transferee-Buyer, on the ATF Form 4473. Click for picture
Requirements When Purchasing A Firearm
When purchasing a firearm from an FFL Dealer, the Actual Buyer/Transferee must:
- Provide an acceptable valid form of identification with the individual’s CURRENT address. See the FAQs below for more information.
- Complete all required sections and sign the Firearms Transaction Record (ATF Form 4473), which is provided by the FFL dealer and must be completed at the dealer location. Do not print out the and take it pre-filled out.
- Pass a background check which includes a $7.50 background check fee. Utah residents who provide a valid Utah concealed firearm permit to the dealer are exempt from paying the background check fee.
- There is no waiting period to purchase a firearm, however, as of November 14th, 2022, any person 18 to 20 years old will be subject to an enhanced background check process. This means the transfer can initially be delayed and could take up to 10 days. See FAQs below for more information.
- There is no limit on how many firearms can be purchased at any time. However, an FFL dealer is required to report to the ATF the sale of two or more handguns if they occur at the same time or within five consecutive business days of each other.
- There is NO firearm registration in Utah. Although FFL Dealers are required by Federal law to retain the ATF Form 4473 forever, it is not a registration. The ATF may inspect individual Forms 4473 containing personally identifying information held by FFLs only for limited regulatory or law enforcement functions-specifically, during inspections, and in the course of investigations (for example, when tracing firearms linked to individual criminal investigations). There are some limited circumstances, for example when an FFL goes out of business, under which the ATF Form 4473 is provided to ATF. Even under these limited circumstances, the ATF does not aggregate or centralize the demographic information contained on the form.
Purchasing NFA Firearms & Silencers
Topics
- Buying A Firearm From Another Utah Resident
- Buying A Firearm From A Resident Of Another State: (non-resident)
- Buying NFA Firearms & Silencers Through Private Sales
Important Information
- There is no firearm registration in Utah and no way to remove your name if you were the original purchaser of a firearm purchased from a gun store.
- Background checks are not required for private sales, however, you do have a few options available.
- Use the Bureau of Criminal Identification (BCI) online system to verify an individual’s Utah concealed firearm permit is valid and/or check the serial number of the firearm to see if it has been reported stolen. Serial and CFP Search
- Use a Bill Of Sale to protect yourself in case the firearm was stolen or the other individual was a prohibited person.
- If you want to complete a background check before purchasing the firearm contact your local Federal Firearms License (FFL) dealer and they will assist in the firearm transfer. The dealer will only conduct the background check. They will not get involved with the transaction of money for the firearm.
- It is LEGAL to purchase a handgun, rifle, and/or shotgun through a private sale ONLY if;
- The buyer is at least 18 years old AND a current resident of Utah
- The seller is at least 18 years old AND a current resident of Utah
- It is ILLEGAL to purchase a firearm from any person you know or has reasonable cause to believe is a prohibited person under as defined in 76-10-503 or 18 U.S.C. 922 (g), (n), or (x). (see FAQs below)
Buying A Firearm From A Resident Of Another State: (non-resident)
ALL firearm purchases from nonresidents must be completed as described below.
- It is LEGAL to purchase a firearm from a nonresident of Utah only if all four (4) of the following apply:
- The buyer is at least 18 years old AND a current resident of Utah
- The seller is at least 18 years old AND a legal resident of the United States
- The firearm is legal for the buyer to possess in Utah
- The seller is required to take the firearm to a Federal Firearms License (FFL) dealer in their state of residence and have it shipped to an FFL dealer in Utah. The buyer then completes the Firearm Transaction Record (ATF 4473) and a background check, then the transfer will take place.
- It is ILLEGAL, and a Federal Felony, for a Utah resident to purchase any firearm from a resident of another state through a private party transaction or have the firearm shipped directly to the buyer in Utah.
Buying NFA Firearms & Silencers Through Private Sales
Protect Yourself As A Buyer
- Look at and read the seller’s profile and read any comments and reviews on classified ad websites
- Be aware that scammers use pictures stolen from other websites
- Ask the seller to send you a picture of the firearm’s serial number. Serial and CFP Search
- If you have any doubts, follow your gut feeling and do not proceed with the transaction
- Never make any type of online deposit or partial payments
- Never send money and never give anyone your credit card number, bank account number, or routing number
- Only pay the seller when you have physically inspected the firearm
- Pay for items using cash. If you cannot, make sure to use a secure payment service such as PayPal, Venmo, Cash App, etc.
If A Seller:
- Has a classified ad listing that sounds like it’s too good to be true, it probably is
- Refuses to speak on the phone or meet in person to let you inspect the firearm or item before making the purchase
- Advertises a firearm or item at a low price, often much lower than comparable firearms or items
- Claims to be unavailable and requires payment prior to arranging for delivery of the firearm or item
- Does not allow payment using cash or through a secure payment service such as PayPal, Venmo, Cash App, etc.
- Be aware that various counterfeit optics exist designed to imitate things like Trijicon ACOG and others. Be sure to confirm the serial number with the factory if you suspect you may be dealing with a fake
- Unless the seller is a Federal Firearms License (FFL) dealer, the seller claims to be associated with or offer any type of guarantee by a manufacturer, company, or website
Topics
- Selling A Firearm To Another Utah Resident
- Selling A Firearm To A Resident Of Another State: (non-resident)
- Selling NFA Firearms & Silencers Through Private Sales
Important Information
There is no firearm registration in Utah and no way to remove your name if you were the original purchaser of a firearm purchased from a gun store.
Background checks are not required for private sales, however, you do have a few options available.
- Use the Bureau of Criminal Identification (BCI) online system to verify an individual’s Utah concealed firearm permit is valid and/or check the serial number of the firearm to see if it has been reported stolen. Serial and CFP Search
- Use a Bill Of Sale to protect yourself in case the firearm was stolen or the other individual was a prohibited person.
- If you want to have the buyer complete a background check before purchasing the firearm contact your local Federal Firearms License (FFL) dealer and they will assist in the firearm transfer. The dealer will only conduct the background check. They will not get involved with the transaction of money for the firearm.
Selling A Firearm To Another Utah Resident:
- It is LEGAL to sell a handgun, rifle, and/or shotgun through a private sale ONLY if;
- The seller is at least 18 years old AND a current resident of Utah.
- The buyer is at least 18 years old AND a current resident of Utah.
- It is ILLEGAL to sell a firearm to any person that you know or has reasonable cause to believe is a prohibited person as defined in 76-10-503 or 18 U.S.C. 922 (g), (n), or (x). (see FAQs below)
- It is ILLEGAL to sell a handgun or handgun ammunition to any person under 18 years old.
- It is ILLEGAL to sell a rifle or shotgun to a minor under 18 years old unless the minor is accompanied by a parent or guardian as described in 76-10-509.9.
- It is ILLEGAL, punishable as a Federal felony with up to 10 years in prison, for any individual who makes a profit from buying and selling firearms or ammunition without a Federal Firearms License (FFL). This law does not state how much profit an individual can make or how many firearms can be sold. See “What Is An FFL?” under the FAQs below.
Selling A Firearm To A Resident Of Another State: (non-resident)
ALL firearm sales to nonresidents must be completed as described below.
- It is LEGAL to sell a firearm to a nonresident of Utah only if all four (4) of the following apply:
- The seller is at least 18 years old AND a current resident of Utah
- The buyer is at least 18 years old AND a legal resident of the United States
- The firearm, including any magazine capacity restrictions, etc., is legal to own under state law in the nonresident’s state of residence
- a. The seller is required to take the firearm to a Federal Firearms License (FFL) dealer in Utah and have it shipped to an FFL dealer in the buyer’s state of residence where the buyer then completes the Firearm Transaction Record (ATF 4473) and a background check, then the transfer will take place OR
b. The buyer is an Active Duty member of the United States Armed Forces currently stationed in Utah AND has current Permanent Change of Station (PCS) orders
- It is ILLEGAL, and a Federal Felony, for a Utah resident to sell any firearm to a resident of another state through a private party transaction or ship a firearm directly to another person in a different state.
Selling NFA Firearms & Silencers Through Private Sales
Protect Yourself As A Seller
It’s not always going to be as easy as Mr. Obvious Gangster asking if your gun would be good for a drive-by. If a buyer contacts you and gives you an email address of [email protected], you don’t have any proof that they unlawfully use marijuana, but it is definitely a clue that you may be taking a risk by selling to this individual.
- Never accept checks, cashier’s checks, money orders or money grams, wire transfers, Western Union, pre-paid money cards, gift cards, or Bitcoin. Counterfeit checks can look very authentic. Just because the money appears to be available in your account doesn’t mean that the check has cleared and is legitimate. Federal rules require banks to make deposits “available” to consumers quickly, often the following business day. A check takes a long time to clear. It may take your bank weeks to discover that the deposited check was fraudulent. The bank may still bounce the check if it’s a forgery. Once a victim wires funds onward from such a check, he or she may be liable to the bank for the amount wired. Typically, the bank will not cover the loss and expects the victim to pay the difference.
- Do not click on any links in emails or texts. If you received an email seemingly from PayPal that states you received money, look for signs the email is fake. Remember that links can be masked, and logos and trademarks can be faked online. If you intend to use what you believe is a well-known Internet payment service, visit that company’s website yourself, rather than trust the information that another person is suggesting. If you were paid through PayPal you can easily see if you received money by logging into your account by typing in the website address yourself or through the proper mobile application.
- Never send anything to a potential buyer unless you have received reliable payment for the item
- Never ship a firearm directly to a potential buyer. Require the buyer to meet in person to obtain the firearm
- If you are selling a firearm to an individual who lives in another state, federal law requires you to ship the firearm to a Federal Firearms License (FFL) dealer in the buyer’s state of residence.
- For firearms and items of high value, do not allow potential buyers to inspect the firearm or item without someone else being there to supervise.
If A Potential Buyer:
- Offers to pay you to do something for them
- Offers to pay more than what you are asking for the firearm or item
- Is willing to purchase the firearm or item without having viewed it in person
- Explains that they are currently out of the state or country and cannot meet in person because they are a soldier in Iraq, on a vacation in Thailand, or another excuse, but they are interested in purchasing your firearm or item
- Explains they live in another state, despite the firearm or item being commonly available in their state. The shipping costs may outweigh the cost of the item itself
- Explains that a third party or service will pick up the firearm or item
- Requested you send the item to their “shipping agent”, “receiving agent” or any other person
- Sends you an email inquiry that is poorly written, generic, or looks strange
- Only sends text messages and refuses to speak on the phone, states their phone number is text-only, or calls go to an automated system
Frequently Asked Questions
A prohibited person is a person who cannot purchase, possess, transfer, or own a firearm. See more under the state and federal laws below.
Utah Law
76-10-503. Restrictions on possession, purchase, transfer, and ownership of dangerous weapons by certain persons — Exceptions.
(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;
(iv) within the last 10 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;
(v) is an alien who is illegally or unlawfully in the United States; or
(vi) is on probation for a conviction of possessing:
(A) a substance classified in Section 58-37-4 as a Schedule I or II controlled substance;
(B) a controlled substance analog; or
(C) a substance listed in Section 58-37-4.2.
(b) A Category II restricted person is a person who:
(i) has been convicted of 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 58-37-2;
(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) has been dishonorably discharged from the armed forces;
(ix) has renounced the individual’s citizenship after having been a citizen of the United States;
(x) is a respondent or defendant subject to a protective order or child protective order that is issued after a hearing for which the respondent or defendant received actual notice and at which the respondent or defendant has an opportunity to participate, that restrains the respondent or defendant from harassing, stalking, threatening, or engaging in other conduct that would place an intimate partner, as defined in 18 U.S.C. Sec. 921, or a child of the intimate partner, in reasonable fear of bodily injury to the intimate partner or child of the intimate partner, and that:
(A) includes a finding that the respondent or defendant represents a credible threat to the physical safety of an individual who meets the definition of an intimate partner in 18 U.S.C. Sec. 921 or the child of the individual; or
(B) explicitly prohibits the use, attempted use, or threatened use of physical force that would reasonably be expected to cause bodily harm against an intimate partner or the child of an intimate partner; or
(xi) has been convicted of the commission or attempted commission of assault under Section 76-5-102 or aggravated assault under Section 76-5-103 against a current or former spouse, parent, guardian, individual with whom the restricted person shares a child in common, individual who is cohabitating or has cohabitated with the restricted person as a spouse, parent, or guardian, or against an individual similarly situated to a spouse, parent, or guardian of the restricted person.
(c) As used in this section, a conviction of a felony or adjudication of delinquency for an offense which would be a felony if committed by an adult does not include:
(i) a conviction or adjudication of delinquency for an offense pertaining to antitrust violations, unfair trade practices, restraint of trade, or other similar offenses relating to the regulation of business practices not involving theft or fraud; or
(ii) a conviction or adjudication of delinquency which, according to the law of the jurisdiction in which it occurred, has been expunged, set aside, reduced to a misdemeanor by court order, pardoned or regarding which the person’s civil rights have been restored unless the pardon, reduction, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
(2) A Category I restricted person who intentionally or knowingly agrees, consents, offers, or arranges to purchase, transfer, possess, use, or have under the person’s custody or control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under the person’s 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 intentionally or knowingly purchases, transfers, possesses, uses, or has under the person’s 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.
(8)(a) A person may not sell, transfer, or otherwise dispose of any firearm or dangerous weapon to any person, knowing that the recipient is a person described in Subsection (1)(a) or (b).
(b) A person who violates Subsection (8)(a) when the recipient is:(i)
a person described in Subsection (1)(a) and the transaction involves a firearm, is guilty of a second degree felony;
(ii) a person described in Subsection (1)(a) and the transaction involves any dangerous weapon other than a firearm, and the transferor has knowledge that the recipient intends to use the weapon for any unlawful purpose, is guilty of a third degree felony;
(iii) a person described in Subsection (1)(b) and the transaction involves a firearm, is guilty of a third degree felony; or
(iv) a person described in Subsection (1)(b) and the transaction involves any dangerous weapon other than a firearm, and the transferor has knowledge that the recipient intends to use the weapon for any unlawful purpose, is guilty of a class A misdemeanor.
(9)(a) A person may not knowingly solicit, persuade, encourage or entice a dealer or other person to sell, transfer or otherwise dispose of a firearm or dangerous weapon under circumstances which the person knows would be a violation of the law.
(b) A person may not provide to a dealer or other person any information that the person knows to be materially false information with intent to deceive the dealer or other person about the legality of a sale, transfer or other disposition of a firearm or dangerous weapon.
(c) “Materially false information” means information that portrays an illegal transaction as legal or a legal transaction as illegal.
(d) A person who violates this Subsection (9) is guilty of:(i)
a third degree felony if the transaction involved a firearm; or
(ii) a class A misdemeanor if the transaction involved a dangerous weapon other than a firearm.
Punishments:
Second Degree Felony = One to 15 years in prison & up to $10,000 fine.
Third Degree = Zero to five years in prison & up to $5,000 fine.
Class A Misdemeanor = Up to one year in jail & up to $2,500 fine.
Federal Law
Title 18 – CRIMES AND CRIMINAL PROCEDURE
PART I – CRIMES
CHAPTER 44 – FIREARMS
Sec. 922 – Unlawful acts
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has been committed to any mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who 2 has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
(B)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) has been convicted in any court of a misdemeanor crime of domestic violence.
This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 of this chapter is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925 of this chapter.
(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
(n) It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(3) This subsection does not apply to—
(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile—
(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;
(ii) with the prior written consent of the juvenile’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except—
(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or
(II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;
(iii) the juvenile has the prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile; and
(iv) in accordance with State and local law;
(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;
(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or
(D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.
(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution.
(5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.
(6)(A) In a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant’s parent or legal guardian at all proceedings.
(B) The court may use the contempt power to enforce subparagraph (A).
(C) The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown.
Punishments:
Title 18 – CRIMES AND CRIMINAL PROCEDURE
PART I – CRIMES
CHAPTER 44 – FIREARMS
Sec. §924. Penalties
(a)
(2) Whoever knowingly violates subsection (a)(6), (d), (g), (h), (i), (j), or (o) of section 922 shall be fined as provided in this title, imprisoned not more than 10 years, or both.
(6)(B) A person other than a juvenile who knowingly violates section 922(x)—
(i) shall be fined under this title, imprisoned not more than 1 year, or both; and
(ii) if the person sold, delivered, or otherwise transferred a handgun or ammunition to a juvenile knowing or having reasonable cause to know that the juvenile intended to carry or otherwise possess or discharge or otherwise use the handgun or ammunition in the commission of a crime of violence, shall be fined under this title, imprisoned not more than 10 years, or both.
(c)(1)(B) If the firearm possessed by a person convicted of a violation of this subsection—
(i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or
(ii) is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, the person shall be sentenced to a term of imprisonment of not less than 30 years.
(C) In the case of a second or subsequent conviction under this subsection, the person shall—
(i) be sentenced to a term of imprisonment of not less than 25 years; and
(ii) if the firearm involved is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, be sentenced to imprisonment for life. Fines are up to $250,000.
The ATF answers this question on their website.
May aliens legally in the United States purchase firearms?
An alien legally in the U.S. is not prohibited from purchasing firearms unless the alien is admitted into the U.S. under a nonimmigrant visa and does not meet one of the exceptions as provided in 18 U.S.C. 922(y)(2), such as possession of a valid hunting license or permit.
[18 U.S.C. 922 (d)(5), (g)(5) and (y)(2); 27 CFR 478.11 and 478.32(a)(5) ]
https://www.atf.gov/firearms/qa/may-aliens-legally-united-states-purchase-firearms
18 U.S.C. Chapter 44 Section 922
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
(g) It shall be unlawful for any person—
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.—
(2) Exceptions.—Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is—
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
(B) an official representative of a foreign government who is—
(i) accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States; or
(ii) en route to or from another country to which that alien is accredited;
(C) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or
(D) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.
27 CFR 478.11
§ 478.11 Meaning of terms.
When used in this part and in forms prescribed under this part, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, terms shall have the meanings ascribed in this section. Words in the plural form shall include the singular, and vice versa, and words importing the masculine gender shall include the feminine. The terms “includes” and “including” do not exclude other things not enumerated which are in the same general class or are otherwise within the scope thereof.
Admitted to the United States for lawful hunting or sporting purposes.
(a) Is entering the United States to participate in a competitive target shooting event sponsored by a national, State, or local organization, devoted to the competitive use or other sporting use of firearms; or
(b) Is entering the United States to display firearms at a sports or hunting trade show sponsored by a national, State, or local firearms trade organization, devoted to the competitive use or other sporting use of firearms.
Alien. Any person not a citizen or national of the United States.
Alien illegally or unlawfully in the United States. Aliens who are unlawfully in the United States are not in valid immigrant, nonimmigrant or parole status. The term includes any alien –
(a) Who unlawfully entered the United States without inspection and authorization by an immigration officer and who has not been paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act (INA);
(b) Who is a nonimmigrant and whose authorized period of stay has expired or who has violated the terms of the nonimmigrant category in which he or she was admitted;
(c) Paroled under INA section 212(d)(5) whose authorized period of parole has expired or whose parole status has been terminated; or
(d) Under an order of deportation, exclusion, or removal, or under an order to depart the United States voluntarily, whether or not he or she has left the United States.
https://www.ecfr.gov/current/title-27/chapter-II/subchapter-B/part-478/subpart-B/section-478.11
478.32(a)(5)
§ 478.32 Prohibited shipment, transportation, possession, or receipt of firearms and ammunition by certain persons.
(5) Being an alien –
(i) Is illegally or unlawfully in the United States; or
(ii) Except as provided in paragraph (f) of this section, has been admitted to the United States under a nonimmigrant visa: Provided, That the provisions of this paragraph (a)(5)(ii) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is –
(A) Admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
(B) An official representative of a foreign government who is either accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States or is en route to or from another country to which that alien is accredited. This exception only applies if the firearm or ammunition is shipped, transported, possessed, or received in the representative’s official capacity;
(C) An official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State. This exception only applies if the firearm or ammunition is shipped, transported, possessed, or received in the official’s or visitor’s official capacity, except if the visitor is a private individual who does not have an official capacity; or
(D) A foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business,
https://www.ecfr.gov/current/title-27/chapter-II/subchapter-B/part-478/subpart-C/section-478.32
On November 14th, 2022, as a result of the passage of the Bipartisan Safer Communities Act (BSCA) of 2022, the National Instant Criminal Background Check System (NICS) implemented an enhanced background check process for persons between the ages of 18-20 for additional research of any juvenile adjudication information and/or mental health prohibition. As a result, firearm transactions on persons between the ages of 18 to 20 will initially be delayed allowing for additional outreach. To conduct this outreach and research, the address of the individual will be collected so that the appropriate local law enforcement agency of the jurisdiction in which the person resides for the purpose of determining whether the person became a prohibited person while a juvenile (while 16 years of age or older). Utah is a Point of Contact (POC) state, meaning BCI conducts the NICS checks instead of the FFL contacting NICS directly. The delay could be extended for a period of up to ten (10) business days.
NICS must inform the licensee as soon as possible but in no case more than 3 business days whether cause exists to further investigate a possibly disqualifying juvenile record. If cause exists, NICS must notify the licensee as soon as possible but no more than 10 business days from the initiation of the NICS check whether the buyer is prohibited. NICS cannot delay notifying the licensee after they complete the research.
For additional questions, you can contact the ATF Salt Lake City Field Office at (801) 524-7070.
EFFECTIVE IMMEDIATELY:
As of March 6th, 2024, we have been advised by the ATF that FFL dealers in Utah are no longer able to accept Utah hunting or fishing licenses as supplemental identification due to determining that the Division of Wildlife Resources (DWR) does not verify the address on the hunting or fishing license. If your driver’s license, ID card, or Utah concealed firearm permit does not have your current address see more information below.
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A valid government-issued photo identification at the time of background check initiation that displays the buyers;
- Full legal name
- Date of birth
- Current residential address
Example: Driver’s License or State Issued Identification Card
– Utah temporary (paper) driver’s licenses ARE accepted
– Utah Concealed Firearm Permits ARE accepted
– A handwritten sticker showing an address change on the back WILL NOT be accepted
– Identification that is expired WILL NOT be accepted
As explained by the ATF:
- The identification document presented by the transferee must have a photograph of the transferee, as well as the transferee’s name, residence address, and date of birth. The identification document must also be valid (e.g., unexpired) and have been issued by a governmental entity for the purpose of identification of individuals. An example of an acceptable identification document is a current driver’s license.
A combination of government-issued documents may be used to meet the requirements of an identification document. For example, a passport that contains the name, date of birth, and photograph of the holder may be combined with a voter or vehicle registration card containing the residence address of the transferee to comply with the identification document requirements. A passport issued by a foreign government is also acceptable so long as it has all of the required information.* See Important Information Below For Utah Requirements.
A description of the location of the residence on an identification document, such as a rural route, is sufficient to constitute a residence address provided the purchaser resides in a State or locality where it is considered to be a legal residence address.
[18 U.S.C. 922(t); 27 CFR 478.11 and 478.124]
https://www.atf.gov/firearms/qa/what-form-identification-must-licensee-obtain-transferee-firearm
Utah Requirements
As provided by a Brady Supervisor at the Utah Bureau of Criminal Identification (BCI)
“Utah requires a driver’s license or ID card from a state that can be verified by our system in Rule 722-380.”
R722-380-3. Verification of Identification.
(1) For purposes of a criminal history background check as established in Section 76-10-526, the only form of photo identification the bureau shall accept is a driver’s license or identification card that may be accessed through the issuing state’s database and verified as a valid form of identification.
“If the address is not correct on the driver’s license or ID card, Utah does allow any government-issued document to be used as long as it has the current address. This could come from a municipality, state, or federal document. So there are many documents or letters that could be used for this alternative to the address not being correct. The FFL would have to see one of these documents to add to his FFL paperwork in support of a new address.”
“A city bill would work, but something like Rocky Mountain Power would not work because it’s not a government agency. If you use taxes or registration, they have to be the current year.”
If you maintain property (a home) in another state see the FAQ “What constitutes residency in a state?” for more information about the ability to purchase firearms in multiple states.
As explained by the ATF:
- For Gun Control Act (GCA) purposes, a person is a resident of a state in which he or she is present with the intention of making a home in that state. The state of residence for a corporation or other business entity is the state where it maintains a place of business.
A member of the Armed Forces on active duty is a resident of the state in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one state and the member’s permanent duty station is in a nearby state to which they commute each day, then the member has two states of residence and may purchase a firearm in either the state where the duty station is located or the state where the home is maintained.
[18 U.S.C. 921(b), 922(a)(3), and 922(b)(3); 27 CFR 478.11]
https://www.atf.gov/firearms/qa/what-constitutes-residency-state - May a person who resides in one state and owns property in another state purchase a firearm in either state?
If a person maintains a home in two states and resides in both states for certain periods of the year, they may, during the period of time they actually reside in a particular state, purchase a firearm in that state. However, simply owning property in another state does not alone qualify the person to purchase a firearm in that state.
[27 CFR 478.11]
https://www.atf.gov/questions-and-answers/qa/may-person-who-resides-one-state-and-owns-property-another-state-purchase
Utah Requirement
As provided by a Brady Supervisor at the Utah Bureau of Criminal Identification (BCI)
“Utah does allow for this situation if the person is currently residing in Utah and produces a government document (as described in the FAQ [What Is An Acceptable Valid Form Of ID To Purchase A Firearm]) that shows their current address. Then the out of state drivers license just has to show as valid still and not be revoked or expired.”
– Our Addition: This means that if you own a home in two (or more) states, while you are living in your home in Utah it is LEGAL to purchase a firearm, including a handgun, using your valid nonresident driver’s license or ID card. Since the address on the Driver’s License or ID card would not be a Utah address you would be required to use any government-issued document as long as it has the current Utah address to show Utah residency as described in the FAQ “What Is An Acceptable Valid Form Of ID To Purchase A Firearm?”. You would enter your Utah residence address in response to question 10 on the ATF Form 4473.
Effective July 1st, 2023 BCI will have an online process that allows an individual who is selling or purchasing a firearm to see if the other individual involved in the sale of the firearm has a valid Utah concealed carry permit and/or check the serial number of the firearm to see if it has been reported stolen.
- An individual is NOT required to use this process and their decision not to use this process is not evidence of negligence.
- If an individual uses the process and discovers that the other person does not have a valid Utah concealed firearm permit or that the firearm has been reported stolen, they are not required to make a report to a law enforcement agency.
- BCI cannot provide any information related to a request to a law enforcement agency or collect a user’s personally identifiable information.
- BCI is required to immediately dispose of all information related to the request.
There is no firearm registration in Utah. It is impossible to, even if you wanted, register a firearm to your name. Utah is a FREE state. There is no such system available.
If you are the original purchaser of a firearm from an FFL dealer (gun store) and you are selling a firearm through a private sale or giving it to someone (not a restricted person) as a gift, it is also impossible to add, change, or remove your name. It is permanently on the Firearm Transaction Record (ATF Form 4473) that you completed the transfer and the FFL is required to keep this record forever.
A Federal Firearms License (FFL) is a license in the United States that enables a company to engage in a business pertaining to the manufacture or importation of firearms and ammunition, or the interstate and intrastate sale of firearms. Holding an FFL to engage in certain such activities has been a legal requirement within the United States since the enactment of the Gun Control Act of 1968. The FFL is issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) and commonly known as the “ATF”.
The 1968 Gun Control Act states “engaged in the business” is applied to a dealer in firearms; a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms.
Unless you are specifically buying and selling guns to make money to spend on living expenses, rather than get a job, you are not conducting business.
A person who makes occasional purchases firearms for the enhancement of a personal collection or hobby, who sells all or part of his personal collection of firearms such as liquidating a firearm collection (for instance, after the death of a relative), sells a large number of firearms to pay for a sudden financial need, or simply selling a firearm you didn’t like in order to buy another is not “engaging in the business.”
If you are buying and selling firearms as a hobby, purchasing firearms to “upgrade” with accessories, or building firearms from “kits” or individual parts with the intent to sell them, you must obtain a Federal Firearms License (FFL). The ATF can arrest and charge you under Federal law, taking away your right to ever own a firearm again.
See more under 18 U.S.C. 922(a)(1).
There is a lot of information needed to answer this question. To make it easier visit this page on our website.
If you have any questions about purchasing or selling a firearm in Utah, please contact us