If you live in Utah you are subject to the laws dealing with firearms. There are a couple of categories of persons who are restricted from using, possessing, selling, or otherwise transferring firearms.
The first category of restricted persons include the following:
- An individual who has been convicted of any violent felony;
- Anyone who is on probation or parole for any felony;
- Anyone who is on parole from a secure facility;
- An individual who within the last 10 years has been adjudicated delinquent for an offense which if committed by an adult would have been a violent felony; or
- An alien who is illegally or unlawfully in the United States.
The second category of restricted persons include:
- Those who have been convicted of any felony;
- Those within the last seven years who have been adjudicated delinquent for an offense which if committed by an adult would have been a felony;
- Any unlawful user of a controlled substance;
- Anyone who is in possession of a dangerous weapon and is knowingly and intentionally in unlawful possession of a Schedule I or II controlled substance;
- Those who have been found not guilty by reason of insanity for a felony offense;
- Anyone who has been found mentally incompetent to stand trial for a felony offense;
- Anyone who has been adjudicated as mentally defective as provided in the Brady Handgun Violence Prevention Act or has been committed to a mental institution;
- Anyone who has been dishonorably discharged from the armed forces; or
- Anyone who has renounced his citizenship after having been a citizen of the United States.
A restricted person who intentionally and knowingly possesses, transfers, purchases etc. a firearm can be charged with a felony. So basically if you are searched by law enforcement and are found to have both cocaine and a gun, you get hit with double felony counts.
Give our Provo criminal defense lawyers a call at 801.800.8246 if you are facing charges purchasing, transferring, possessing, or using a firearm by a restricted person for a free consultation. Let’s talk about how we can help.