It is LEGAL to have a loaded firearm, including carrying a loaded concealed firearm, in your residence, and on your real property without a concealed firearm permit.
This includes any temporary residence such as a hotel, motel, camp, tent, trailer, etc. See the law for Innkeeper’s (hotel) rights below.
It is ILLEGAL to possess a dangerous weapon while under the influence of alcohol or drugs but there is no law that prohibits consuming alcohol while carrying a firearm. A person cannot be charged under this law if:
- You are under the influence and have a firearm which is securely encased or if it’s not within such close proximity and in such a manner that it can be retrieved and used as readily as if carried on the person
- You use or threaten to use force in compliance with Section 76-2-402
- You are carrying a dangerous weapon or firearm in your home or someone else’s home as long as you have their permission to have the firearm in their home
NOTE: Real Property is not defined by Utah law, but it means buildings (your house), structures (barns, garages, sheds), land, crops, mineral and water rights (wells, canals, ponds, dams), roads and equipment permanently attached or fixed to the land. Anything that is not real property is personal property and personal property is anything that isn’t nailed down, dug into, or built onto the land.
Restrictions:
You cannot have a firearm in your residence if;
• You sign a lease agreement or other document with the landlord (owner of the property) for an apartment, room of a house, condominium, duplex, townhome, etc. which specifically states that you cannot have a firearm on the property.
• Notice has been given, that firearms are prohibited by personal communication (private letters, memos, emails, etc.) to you by the owner, lessee, or person with lawful right of possession of the private residence or a person with authority to act for the person or posting of signs reasonably likely to come to the attention of persons entering the private residence.
You can get evicted and charged with an infraction if the police are notified. You will not lose your concealed firearm permit if you have one.
An owner who has granted the lawful right of possession to a renter or lessee cannot restrict the renter or lessee from lawfully possessing a firearm in the residence. At no time while you are living there, can a landlord prohibit you from having a firearm in your residence if there is no personal communication or a sign posted on the residence as described in 76-10-530.
Property Owner Exempt From Civil and Criminally Liability
A person who allows a person, who is legally allowed to possess a firearm, to bring the firearm onto the owner’s property is not civilly or criminally liable for any damage or harm resulting from the discharge of the firearm while on the owner’s property as described in 53-5a-103.