Utah Buying and Selling Guns
Who Cannot Own a Gun
Federal Prohibited Persons
The following are federally prohibited persons:
The following are federally prohibited persons:
- Anyone under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year; (felony case is in court--you've been arrested, but not yet convicted)
- Anyone convicted of a crime punishable by imprisonment for a term exceeding one year; (a felon)
- A fugitive from justice;
- An unlawful user of or addicted to any controlled substance; (including marijuana, medicinal or not)
- Anyone adjudicated as a mental defective or has been committed to any mental institution;
- An illegal alien;
- Anyone discharged from the military under dishonorable conditions;
- Anyone who has renounced his or her United States citizenship;
- Anyone subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner;
- Anyone convicted of a misdemeanor crime of domestic violence.
Utah Prohibited Persons
Utah has two classes of prohibited persons (76-10-503). Both categories closely mirror the federal list of prohibited persons. A Category I prohibited person is one who:
Utah has two classes of prohibited persons (76-10-503). Both categories closely mirror the federal list of prohibited persons. A Category I prohibited person is one who:
- has been convicted of any violent felony;
- is on probation or parole for any felony;
- is on parole from a secure facility;
- within the last 10 years has been adjudicated delinquent for an offense which if committed by an adult would have been a violent felony;
- is an alien who is illegally or unlawfully in the United States;
- is on probation for a conviction of possessing a controlled substance.
A Category II prohibited person is one who:
- has been convicted of any felony;
- is an unlawful user of a controlled substance;
- within the last seven years has been adjudicated delinquent for an offense which if committed by an adult would have been a felony;
- is in possession of a dangerous weapon and is knowingly and intentionally in unlawful possession of a Schedule I or II controlled substance;
- has been found not guilty by reason of insanity for a felony offense;
- has been found mentally incompetent to stand trial for a felony offense;
- has been adjudicated as mentally defective or has been committed to a mental institution;
- has been dishonorably discharged from the armed forces;
- has renounced his citizenship after having been a citizen of the United States.
A person may not sell, transfer, or otherwise dispose of any firearm or dangerous weapon to any person, knowing that the recipient is a Category I or II prohibited person.
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.
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. 76-10-503
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.
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. 76-10-503
A person may not sell any firearm to a minor under 18 years of age unless the minor is accompanied by a parent or guardian. 76-10-509.9
Dealer Sales 76-10-526
Background checks for dealer sales are mandatory. The background check fee is $7.50.
Concealed firearm permit holders (excluding temporary permits) are exempt from firearm background checks. A dealer must call the BCI to confirm the concealed firearm permit is valid.
Buyers must present government-issued photo ID to establish identification and residency to a dealer. Illegal immigrant driver licenses (driving privilege cards) are not valid.
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 a prohibited person under state or federal law. 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.
If the background check discloses information indicating that the individual attempting to purchase the firearm is a prohibited person, the bureau will inform the law enforcement agency in the jurisdiction where the individual resides.
I got denied for a gun purchase. What do I do?
Visit the NICS Brady Check FBI appeals page. Contact an attorney. If you are currently under indictment for a crime (pre-trial) or on probation, don't even bother trying to buy a gun.
I was charged/arrested/convicted of a felony/domestic violence, etc. Can you tell me if I'm allowed to buy a gun?
No, you need to read the law yourself and consult an attorney. Frontier Carry does not provide legal advice. In most of our correspondence on this matter, important details, such as conviction and true facts are often left out, making it impossible to provide correct guidance. Please do not email us on this topic, we cannot assist.
Can I buy a handgun if I’m under 21? Can I sell a handgun to someone under 21?
As long as the sale is a private one (a dealer is not involved), anyone over the age of 18 who is legally able to possess a firearm may buy a handgun. Federal prohibits dealers from selling or transferring handguns to persons under 21, which is why most persons under 18 do not own handguns. See this ATF page.
Can I buy a firearm as a gift for someone?
Yes, as long as the receiver is not a prohibited person and the gifting is not being used to circumvent a background check or other laws. Calling a purchase intended in place of another is a straw purchase. For example: a girlfriend buying a gun for her boyfriend, because he is afraid he has a record would be an illegal straw purchase. If the girlfriend was buying her law-abiding boyfriend a gun for Christmas, that would be a legitimate gift and legal.
Do I have to register my guns?
No.
Is there a waiting period to pick-up my gun?
No, except if your background check comes back 'Delayed' and it is not cleared or denied within three days.
Can I buy more than one gun at a time?
Yes.
Concealed firearm permit holders (excluding temporary permits) are exempt from firearm background checks. A dealer must call the BCI to confirm the concealed firearm permit is valid.
Buyers must present government-issued photo ID to establish identification and residency to a dealer. Illegal immigrant driver licenses (driving privilege cards) are not valid.
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 a prohibited person under state or federal law. 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.
If the background check discloses information indicating that the individual attempting to purchase the firearm is a prohibited person, the bureau will inform the law enforcement agency in the jurisdiction where the individual resides.
I got denied for a gun purchase. What do I do?
Visit the NICS Brady Check FBI appeals page. Contact an attorney. If you are currently under indictment for a crime (pre-trial) or on probation, don't even bother trying to buy a gun.
I was charged/arrested/convicted of a felony/domestic violence, etc. Can you tell me if I'm allowed to buy a gun?
No, you need to read the law yourself and consult an attorney. Frontier Carry does not provide legal advice. In most of our correspondence on this matter, important details, such as conviction and true facts are often left out, making it impossible to provide correct guidance. Please do not email us on this topic, we cannot assist.
Can I buy a handgun if I’m under 21? Can I sell a handgun to someone under 21?
As long as the sale is a private one (a dealer is not involved), anyone over the age of 18 who is legally able to possess a firearm may buy a handgun. Federal prohibits dealers from selling or transferring handguns to persons under 21, which is why most persons under 18 do not own handguns. See this ATF page.
Can I buy a firearm as a gift for someone?
Yes, as long as the receiver is not a prohibited person and the gifting is not being used to circumvent a background check or other laws. Calling a purchase intended in place of another is a straw purchase. For example: a girlfriend buying a gun for her boyfriend, because he is afraid he has a record would be an illegal straw purchase. If the girlfriend was buying her law-abiding boyfriend a gun for Christmas, that would be a legitimate gift and legal.
Do I have to register my guns?
No.
Is there a waiting period to pick-up my gun?
No, except if your background check comes back 'Delayed' and it is not cleared or denied within three days.
Can I buy more than one gun at a time?
Yes.
Non-residents can purchase firearms if:
- The firearm is legal in the buyer's home state;
- The transaction must be legal in the buyer's home state;
- Immediate possession of long guns is allowed if legal in buyer's home state;
- Handguns must be shipped by the dealer to another dealer in buyer's home state.
Private Sales
What do I need to buy a gun?
Money. Optional: Utah ID. Some buyers want to see a concealed firearm permit for their comfort, but no identification is legally required.
What do I need to sell a gun?
A gun. A bill of sale for your records is strictly optional. It is a private record maintained to show who the firearm was sold it. It offers no legal protection and is merely documentation of the sale/transfer.
What is the procedure to buy or sell a gun privately?
Don’t most felons and domestic abusers get guns through private sales?
Actually, no. The majority of criminals who obtained guns illegally did so through straw purchases, where someone like a friend or girlfriend with a clean record, lied and bought the gun on behalf of the prohibited person (46% in one study). Corrupt dealers and illegal street gun dealers are the next most popular methods. 75% of illegally obtained guns wouldn't be stopped by the background checks.
Money. Optional: Utah ID. Some buyers want to see a concealed firearm permit for their comfort, but no identification is legally required.
What do I need to sell a gun?
A gun. A bill of sale for your records is strictly optional. It is a private record maintained to show who the firearm was sold it. It offers no legal protection and is merely documentation of the sale/transfer.
What is the procedure to buy or sell a gun privately?
- Meet Presumably, you either know each other or this is in regards to an ad on Armslist, Facebook, etc. Arrange to meet at a safe place (like a police station or well-lit and well-traveled area).
- Buy the Gun Exchange money for the firearm. Be smart and carry a pistol if the other party is a stranger; you don’t know if it is a scam for a robbery or if someone up to no good sees money and a gun change hands.
Don’t most felons and domestic abusers get guns through private sales?
Actually, no. The majority of criminals who obtained guns illegally did so through straw purchases, where someone like a friend or girlfriend with a clean record, lied and bought the gun on behalf of the prohibited person (46% in one study). Corrupt dealers and illegal street gun dealers are the next most popular methods. 75% of illegally obtained guns wouldn't be stopped by the background checks.
The President's Executive Order on Gun Sales
President Obama’s recent executive order regarding private firearm sales does not apply to the majority of citizens who buy and sell firearms from each other. The executive order only seeks to reaffirm existing federal law requiring those selling firearms to make money—running a business, in other words—to be federally licensed firearms dealers. Unfortunately, some citizens take advantage of the ability to privately sell firearms to avoid having to go through the application process to become a FFL and cheat on business taxes, licensing, etc.
First, we need to understand the phrase "engaged in the business". The 1968 Gun Control Act defines: "engaged in the business" as:
First, we need to understand the phrase "engaged in the business". The 1968 Gun Control Act defines: "engaged in the business" as:
as applied to a dealer in firearms, … a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms...
and “with the principal objective of livelihood and profit” as:
The term ‘with the principal objective of livelihood and profit’ means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection; Provided, That proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism...
The term ‘with the principal objective of livelihood and profit’ means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection; Provided, That proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism...
Liquidating a firearm collection (for instance, after the death of a relative), selling a large number of guns to pay for a sudden financial need, or simply selling a gun you didn’t like in order to buy another is not “engaging in the business.” Unless you are specifically buying and selling guns to make money to spend on living expenses, rather than get a job (for example), you are not conducting business. Those who should have a license probably know who they are, and the ATF does as well.
As far as the president’s executive order is concerned, it is not taking any action. President Obama is telling the ATF to keep doing its job and to concentrate more on gun show sellers who ought to have a license. Selling guns occasionally on Facebook is perfectly legal. This executive order is political theater and does not close the so-called “gun show loophole.”
More information at the ATF's Unlicensed Person page.
Liquidating a firearm collection (for instance, after the death of a relative), selling a large number of guns to pay for a sudden financial need, or simply selling a gun you didn’t like in order to buy another is not “engaging in the business.” Unless you are specifically buying and selling guns to make money to spend on living expenses, rather than get a job (for example), you are not conducting business. Those who should have a license probably know who they are, and the ATF does as well.
As far as the president’s executive order is concerned, it is not taking any action. President Obama is telling the ATF to keep doing its job and to concentrate more on gun show sellers who ought to have a license. Selling guns occasionally on Facebook is perfectly legal. This executive order is political theater and does not close the so-called “gun show loophole.”
More information at the ATF's Unlicensed Person page.
Can I buy a machine gun/short barreled rifle/short barreled shotgun/silencer/grenade launcher?
Yes, however the above items are regulated by the 1934 National Firearms Act and required a $200 transfer tax, plus federal registration. You will need to handle the sale through a Class 3 or NFA federally licensed dealer. The wait will be several months, will require fingerprints and notification to law enforcement, and a background check.
Can I buy an 'assault weapon' or a high-capacity magazine?
Yes, Utah does not ban the sale of any category of firearm. Assault weapon is a misnomer for semi-automatic rifles with cosmetic features, banned in states like California. High capacity magazines, more than 10 rounds, are actually standard capacity magazines, as weapons like the AR-15 series of rifles were designed for 20 and 30 round magazines.
Yes, however the above items are regulated by the 1934 National Firearms Act and required a $200 transfer tax, plus federal registration. You will need to handle the sale through a Class 3 or NFA federally licensed dealer. The wait will be several months, will require fingerprints and notification to law enforcement, and a background check.
Can I buy an 'assault weapon' or a high-capacity magazine?
Yes, Utah does not ban the sale of any category of firearm. Assault weapon is a misnomer for semi-automatic rifles with cosmetic features, banned in states like California. High capacity magazines, more than 10 rounds, are actually standard capacity magazines, as weapons like the AR-15 series of rifles were designed for 20 and 30 round magazines.