Can I be “around” guns if I am a restricted person?

Posted by Stone River Criminal Defense Team

Last Updated: February 17, 2025

Legal Restrictions on Firearms In Utah, the law forbids restricted individuals from buying, transferring, possessing, or using firearms or dangerous weapons. This includes having custody or control over any such weapons. Additionally, federal laws impose even harsher penalties for firearm possession, often more severe than those under Utah law. Being “Around” Guns: The Risks Utah […]
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Legal Restrictions on Firearms

In Utah, the law forbids restricted individuals from buying, transferring, possessing, or using firearms or dangerous weapons. This includes having custody or control over any such weapons. Additionally, federal laws impose even harsher penalties for firearm possession, often more severe than those under Utah law.

Being “Around” Guns: The Risks

Utah law doesn’t specifically criminalize being “around” guns for restricted persons. However, there’s a significant risk that merely being near firearms could be seen as possessing, controlling, or having custody of them. The real concern isn’t just whether you’re actually breaking the law, but whether it appears that you might be.

Perception Matters

Law enforcement officers often make arrests based on how situations appear. If it looks like you’re involved with firearms, you could face arrest or even conviction, even if you’re not directly handling a gun.

Cultural Considerations and Caution

Many Utah families have long-standing traditions, like hunting or target shooting. If you’re a restricted person, you can still join in on trips but must avoid any direct involvement with firearms. It’s crucial to steer clear of any situation where guns are present to prevent misunderstandings.

Stay on the Safe Side

If you’re restricted, focus on more than just avoiding illegal gun-related activities. Make sure you also avoid anything that could even remotely appear suspicious.

Clearing Your Record

If you want to regain your rights, consider options like expungement, a 402 reduction, or a pardon. These legal remedies might help clear your record and remove your restricted status.

Originally Published: November 20, 2023

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