Wrongful Possession Of Arms In Utah
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FAQ
Arrest without warrant by peace officer -- Reasonable grounds, what constitutes -- Exemption from civil or criminal liability.
Unlawful possession of a firearm under federal law occurs when an individual who is prohibited from owning a firearm is found in possession of one. This can include felons, individuals with restraining orders, and those with certain mental health conditions. The Gun Control Act of 1968 outlines these restrictions.
Section 18.2-279. If an individual discharged a firearm maliciously, or, with the intent to do harm, then the offense is a Class 4 felony. Section 18.2-279. In such a case, the individual faces the penalties of a felony conviction with two to 10 years in prison and a possible fine of up to $100,000.
Felony Discharge of a Firearm (Utah Code 76-10-508.1) The unlawful discharge of a firearm is a felony if: The individual shoots in the direction of a person or crowd while “knowing or having reason to believe that any individual may be endangered”
Utah has weak gun laws overall and a correspondingly high gun death rate. Lawmakers owe it to their constituents to take action to reduce gun violence in their state.
In Utah, it is illegal to be a “restricted person” in possession of a gun. Even though Utah has quite relaxed gun laws that allow most people over 21 and many people over 18 to own a gun, there is a strict ban on felons owning guns.
Presumptions and defenses. Possession of property recently stolen, when no satisfactory explanation of such possession is made, shall be deemed prima facie evidence that the person in possession stole the property.
Felony discharge of a firearm, as defined by Utah Code § 76-10-508.1, is classified as: A third-degree felony if no injury results. A more serious second-degree felony if it is claimed that an injury resulted from the gunshot, even if the injury was unintentional or nobody was not directly hit by the gunshot.
