How to Sell a Gun in Utah?
Selling a gun in Utah requires knowledge of the state’s regulations to ensure gun owners are in compliance and don’t make any mistakes in the transaction. The state of Utah has various laws concerning the ownership, transfer and the carrying of firearms. When considering selling a gun in a private sale, buyers and sellers will want to be informed of the regulations surrounding firearms.
The following information is from a memorandum entitled Utah State Laws and Published Ordinances from the Utah Office of the Attorney General to the Bureau of Alcohol, Tobacco, Firearms and Explosives.
What are the Requirements to Purchase a Firearm in Utah?
In order to purchase a firearm legally, the buyer must be 18 years old to purchase rifles, shotguns and ammunition. Buyers looking to purchase handguns must be at least 21 years old. No permits or registration are required to own a firearm in the state.
Anyone purchasing a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms form 4473 (firearms transaction form). This form will be maintained by the dealer. A firearms purchaser must, under the permanent provisions of the Federal Brady Law, also undergo a National Instant Criminal Background Check System check, which will be performed by the firearms dealer.
The check will indicate to the dealer whether the purchaser’s background allows for the person to complete the purchase of the firearm.
How to Conduct a Private Sale of a Firearm in Utah?
There is a background check required whenever purchasing a gun through a Federal Firearm Licensed dealer and for firearm transactions at gun shows. However, there are no specific laws requiring a background check to buy or sell a firearm in a private transaction between two non-licensed individuals.
However, there are penalties for buyers and sellers if the firearm was sold to an ineligible person, selling a defaced firearm or selling a restricted firearm (explosive weapon, machine gun), which can result in different criminal charges including and up to a felony criminal charge.
Here is the legal text:
Section 76-10-526. Criminal background check prior to purchase of a firearm – Fee – Exemption for concealed firearm permit holders and law enforcement officers.
(1) For purposes of this section, “valid permit to carry a concealed firearm” does not include a temporary permit issued under Section 53-5-705.
- (a) To establish personal identification and residence in this state for purposes of this part, a dealer shall require an individual receiving a firearm to present one photo identification on a form issued by a governmental agency of the
- (b) A dealer may not accept a driving privilege card issued under Section 53-3-207 as proof of identification for the purpose of establishing personal identification and residence in this state as required under this Subsection (2).
- (a) A criminal history background check is required for the sale of a firearm by a licensed firearm dealer in the state.
- (b) Subsection (3)(a) does not apply to the sale of a firearm to a Federal Firearms Licensee.
- (a) An individual purchasing a firearm from a dealer shall consent in writing to a criminal background check, on a form provided by the bureau.
- (b) The form shall contain the following information:
(i) the dealer identification number;
(ii) the name and address of the individual receiving the firearm;
(iii) the date of birth, height, weight, eye color, and hair color of the individual receiving the firearm; and
(iv) the Social Security number or any other identification number of the individual receiving the firearm.
- (a) The dealer shall send the information required by Subsection (4) to the bureau immediately upon its receipt by the dealer.
- (b) A dealer may not sell or transfer a firearm to an individual until the dealer has provided the bureau with the
information in Subsection (4) and has received approval from the bureau under Subsection (7).
(6) The dealer shall make a request for criminal history background information by telephone or other electronic means to the bureau and shall receive approval or denial of the inquiry by telephone or other electronic means.
(7) When the dealer calls for or requests a criminal history background check, the bureau shall:
- (a) review the criminal history files, including juvenile court records, to determine if the individual is prohibited from purchasing, possessing, or transferring a firearm by state or federal law;
- (b) inform the dealer that:
(i) the records indicate the individual is prohibited; or
(ii) the individual is approved for purchasing, possessing, or transferring a firearm;
- (c) provide the dealer with a unique transaction number for that inquiry; and
- (d) provide a response to the requesting dealer during the call for a criminal background check, or by return call, or other electronic means, without delay, except in case of electronic failure or other circumstances beyond the control of the bureau, the bureau shall advise the dealer of the reason for the delay and give the dealer an estimate of the length of the delay.
- (a) The bureau may not maintain any records of the criminal history background check longer than 20 days from the date of the dealer’s request, if the bureau determines that the individual receiving the firearm is not prohibited from purchasing, possessing, or transferring the firearm under state or federal law.
- (b) However, the bureau shall maintain a log of requests containing the dealer’s federal firearms number, the transaction number, and the transaction date for a period of 12 months.
- (a) If the criminal history background check discloses information indicating that the individual attempting to purchase the firearm is prohibited from purchasing, possessing, or transferring a firearm, the bureau shall inform the law enforcement agency in the jurisdiction where the individual resides.
(10) If an individual is denied the right to purchase a firearm under this section, the individual may review the individual’s criminal history information and may challenge or amend the information as provided in § 53-10-108.
(11) The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all records provided by the bureau under this part are in conformance with the requirements of the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
- (a) A dealer shall collect a criminal history background check fee for the sale of a firearm under this section.
- (b) The fee described under Subsection (12)(a) remains in effect until changed by the bureau through the process described in Section 63J-1-504.
(i) The dealer shall forward at one time all fees collected for criminal history background checks performed during the month to the bureau by the last day of the month following the sale of a firearm.
(13) An individual with a concealed firearm permit issued under Title 53, Chapter 5, Part 7, Concealed Firearm Act, is exempt from the background check and corresponding fee required in this section for the purchase of a firearm if:
- (a) the individual presents the individual’s concealed firearm permit to the dealer prior to purchase of the firearm; and
- (b) the dealer verifies with the bureau that the individual’s concealed firearm permit is valid.
- (a) A law enforcement officer, as defined in Section 53-13-103, is exempt from the background check fee required in this section for the purchase of a personal firearm to be carried while off-duty if the law enforcement officer verifies current employment by providing a letter of good standing from the officer’s commanding officer and current law enforcement photo identification.
- (b) Subsection (14)(a) may only be used by a law enforcement officer to purchase a personal firearm once in a 24- month period.
(16) A dealer engaged in the business of selling, leasing, or otherwise transferring any firearm shall:
- (a) make the firearm safety brochure described in Subsection 62A-15-103(3) available to a customer free of charge; and
- (b) at the time of purchase, distribute a cable-style gun lock provided to the dealer under Subsection 62A-15-103(3) to a customer purchasing a shotgun, short barreled shotgun, short barreled rifle, rifle, or another firearm that federal law does not require be accompanied by a gun lock at the time of purchase.
Section 76-10-527 Penalties.
(1) A dealer is guilty of a class A misdemeanor who willfully and intentionally:
(a) requests, obtains, or seeks to obtain criminal history background information under false pretenses;
(b) disseminates criminal history background information; or
(c) violates § 76-10-526.
(2) A person who purchases or transfers a firearm is guilty of a felony of the third degree if the person willfully and intentionally makes a false statement of the information required for a criminal background check in § 76-10-526.
(3) Except as otherwise provided in Subsection (1), a dealer is guilty of a felony of the third degree if the dealer willfully and intentionally sells or transfers a firearm in violation of this part.
(4) A person is guilty of a felony of the third degree if the person purchases a firearm with the intent to:
(a) resell or otherwise provide a firearm to a person who is ineligible to purchase or receive a firearm from a dealer; or
(b) transport a firearm out of this state to be resold to an ineligible person.
Utah State Firearm Sale Restrictions
Section 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 § 76-3-203.5;
(ii) is on probation or parole for any felony;
(iii) is on parole from a secure facility as defined in § 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 § 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 § 58-37-4 as a Schedule I or II controlled substance;
(B) a controlled substance analog; or
(C) a substance listed in § 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 7 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 § 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 § 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; or
(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.
(d) It is the burden of the defendant in a criminal case to provide evidence that a conviction or adjudication of delinquency is subject to an exception provided in Subsection (1)(c), after which it is the burden of the state to prove beyond a reasonable doubt that the conviction or adjudication of delinquency is not subject to that exception.
(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.
(5) If a higher penalty than is prescribed in this section is provided in another section for one who purchases, transfers, possesses, uses, or has under this custody or control any dangerous weapon, the penalties of that section control.
(6) It is an affirmative defense to a charge based on the definition in Subsection (1)(b)(iv) that the person was:
(a) in possession of a controlled substance pursuant to a lawful order of a practitioner for use of a member of the person’s household or for administration to an animal owned by the person or a member of the person’s household; or
(b) otherwise authorized by law to possess the substance.
(a) It is an affirmative defense to transferring a firearm or other dangerous weapon by a person restricted under Subsection (2) or (3) that the firearm or dangerous weapon:
(i) was possessed by the person or was under the person’s custody or control before the person became a restricted person;
(ii) was not used in or possessed during the commission of a crime or subject to disposition under § 24-3-103;
(iii) is not being held as evidence by a court or law enforcement agency;
(iv) was transferred to a person not legally prohibited from possessing the weapon; and
(v) unless a different time is ordered by the court, was transferred within 10 days of the person becoming a restricted person.
(b) Subsection (7)(a) is not a defense to the use, purchase, or possession on the person of a firearm or other dangerous weapon by a restricted person.
(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.
(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.
FEDERAL DISQUALIFICATION CATEGORIES
- Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if a buyer did not receive actual imprisonment exceeding 1 year).
- Warrant (felony or out-of-state misdemeanor).
- Felony pre-trial release.
- Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
- Unlawful use or addicted to a controlled substance (including marijuana).
- Dishonorable discharge from the armed forces.
- Renounced U.S. citizenship.
- Illegal alien.
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The information contained on this website has been prepared as a service to the internet community and is not intended to constitute legal advice. CashMyGuns.com has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk and should consult their local firearm law resources and/or an attorney when engaging in selling a firearm. The cited information in this article was obtained on 09/23/21 from https://www.atf.gov/file/117381/download, le.utah.gov/xcode/Title76/Chapter10/76-10-S526.html and le.utah.gov/xcode/Title76/Chapter10/76-10-S527.html