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.
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 knowingly allows a person who has a permit to carry a concealed 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 by the permit holder while on the owner's property unless the property owner solicits, requests, commands, encourages, or intentionally aids the concealed firearm permit holder in discharging the firearm while on the owner's property as described in 53-5a-103.
29-2-103. Innkeeper's rights -- Liability -- Prohibition on discrimination.
(1) An innkeeper may:
(a) refuse or deny accommodations, facilities, or privileges of a lodging establishment to any person who is:
(v) in the reasonable belief of the innkeeper, bringing in property that may be dangerous to other persons, including firearms or explosives;
As used in this chapter:
(4) "Innkeeper" means the proprietor or designated employee of a proprietor of a lodging establishment.
53-5a-103. Discharge of firearm on private property -- Liability.
(1) Except as provided under Subsection (2), a private property owner, who knowingly allows a person who has a permit to carry a concealed firearm under Section 53-5-704 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 by the permit holder while on the owner's property.
(2) Subsection (1) does not apply if the property owner solicits, requests, commands, encourages, or intentionally aids the concealed firearm permit holder in discharging the firearm while on the owner's property.
As used in this part:
(17) "Residence" means an improvement to real property used or occupied as a primary or secondary residence.
76-10-511. Possession of loaded firearm at residence or on real property authorized.
Except for persons described in Section 76-10-503 and 18 U.S.C. Sec. 922(g) and as otherwise prescribed in this part, a person may have a loaded firearm:
(1) at the person's place of residence, including any temporary residence or camp; or
(2) on the person's real property.
76-10-503 and 18 U.S.C. Sec. 922(g) are restricted persons.
76-10-528. Carrying a dangerous weapon while under influence of alcohol or drugs unlawful.
(1) It is a class B misdemeanor for any person to carry a dangerous weapon while under the influence of:
(a) alcohol as determined by the person's blood or breath alcohol concentration in accordance with Subsections 41-6a-502(1)(a) through (c); or
(b) a controlled substance as defined in Section 58-37-2.
(2) This section does not apply to:
(a) a person carrying a dangerous weapon that is either securely encased, as defined in this part, or 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;
(b) any person who uses or threatens to use force in compliance with Section 76-2-402; or
(c) any person carrying a dangerous weapon in the person's residence or the residence of another with the consent of the individual who is lawfully in possession.
(3) 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.
76-10-530. Trespass with a firearm in a 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 Firearm 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:
(ii) a private residence; or
(b) while in possession of a firearm, enter or remain in:
(ii) a private residence.
(2) Notice that firearms are prohibited may be given by:
(a) personal communication to the actor by:
(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;
(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.
(1) Infractions are not classified.
(2) Any offense which is an infraction within this code is expressly designated and any offense defined outside this code which is not designated as a felony or misdemeanor and for which no penalty is specified is an infraction.
76-3-205. Infraction conviction -- Fine, forfeiture, and disqualification.
(1) A person convicted of an infraction may not be imprisoned but may be subject to:
(a) a fine, which may include compensatory service as a method to satisfy the fine;
(c) disqualification; or
(d) any combination of the above.
(2) Compensatory service shall be considered in accordance with Section 76-3-301.7.
(3) Whenever a person is convicted of an infraction and no punishment is specified, the person may be fined as for a class C misdemeanor.
76-3-301. Fines of persons.
(1) A person convicted of an offense may be sentenced to pay a fine, not exceeding:
(e) $750 for a class C misdemeanor conviction or infraction conviction
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.
(3)(b) The bureau may not deny, suspend, or revoke a concealed firearm permit solely for a single conviction of an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
78B-3-110. Defense to civil action for damages resulting from commission of crime.
(1) A person may not recover from the victim of a crime for personal injury or property damage if:
(a) the person entered the property of the victim or the victim's family with criminal intent and the injury or damage was inflicted by the victim or occurred while the person was on the victim's property; or
(b) the person committed a crime against the victim or the victim's family, during which the damage or injury occurred.
(2) The provisions of Subsection (1) do not apply if the person can prove by clear and convincing evidence that the person's actions did not constitute a crime.
(3) Subsection (1) applies to any next-of-kin, heirs, or personal representatives of the person if the person acquires a disability or is killed.
(4) Subsections (1) and (2) do not apply if the person committing or attempting to commit the crime has clearly retreated from the criminal activity.
(5) "Clearly retreated" means that the person committing the criminal act has fully, clearly, and immediately ceased all hostile, threatening, violent, or criminal behavior or activity.