Under Utah Code § 76-11-210, it’s illegal to discharge a firearm in a way that puts others at risk. A violation of this statute is a third degree felony but can be more severe if someone is injured. Further, Utah Code § 76-11-209 makes it a misdemeanor to discharge a firearm within 600 feet of a dwelling without permission, from a vehicle, across a high way, at certain targets like street signs, or in other prohibited locations. These laws apply whether the shot was intentional or accidental.
What Counts as Unlawful Discharge?
You can be charged if you:
- Fire a gun at a person or a building
- Shoot with the intent to scare, threaten, or harass
- Discharge a firearm in a way that creates a serious risk of injury or death
It doesn’t matter if you didn’t hit anyone. If the act puts others in danger, it can still lead to criminal charges.
Intentional vs. Accidental
Intent matters—but not always in the way you’d expect.
Intentional discharge (like firing a warning shot or shooting at someone) usually leads to more serious charges. You may even face assault or related offenses.
Accidental discharge can still be a crime. If you handle a firearm recklessly and it goes off, the law may treat that as criminal negligence.
In short, being careless with a gun can get you into just as much trouble as firing one on purpose.
Penalties
Here’s how the law breaks down:
- Class B misdemeanor: Minor cases with no injury or serious risk
- Third-degree felony: If the discharge creates a significant risk but causes no injury
- Second-degree felony: If someone gets seriously hurt
- First-degree felony: If someone is seriously injured
The charge depends on what happened—not just what you meant to do.
Are There Exceptions?
Yes. Self-defense and law enforcement actions may be legally justified. But the burden is on you to prove that your actions were lawful. Saying “it was an accident” isn’t enough.
Bottom Line
Unlawfully firing a gun in Utah—even by mistake—can lead to serious consequences. The law focuses on safety. If your actions put people at risk, you could face charges under Utah Code § 76-10-508.1.
If you’re facing this charge, speak with a criminal defense attorney right away. At Stone River Law we have attorneys with a solid understanding of firearms and a lot experience handling these types of cases.