What Disqualifies You From Buying a Gun in Utah?
What Disqualifies You From Buying a Gun in Utah?
The Second Amendment of the United States Constitution guarantees the right to bear arms. However, there are certain individuals who are disqualified from purchasing a firearm in Utah. These individuals include those who have been convicted of a felony, those who are under indictment for a felony, those who are a fugitive from justice, those who have been adjudicated as mentally ill, those who are addicted to drugs or alcohol, and those who have been dishonorably discharged from the military.
In this article, we will discuss the specific disqualifying criteria in Utah, as well as the process for appealing a firearm purchase denial. We will also provide information on how to get help if you are struggling with mental illness or substance abuse.
Specific Disqualifying Criteria in Utah
The following individuals are disqualified from purchasing a firearm in Utah:
- Individuals who have been convicted of a felony. This includes any crime punishable by imprisonment for a term of more than one year.
- Individuals who are under indictment for a felony. This includes individuals who have been charged with a felony but have not yet been convicted.
- Individuals who are a fugitive from justice. This includes individuals who are wanted by law enforcement for a crime.
- Individuals who have been adjudicated as mentally ill. This includes individuals who have been found by a court to be incompetent to stand trial or to manage their own affairs.
- Individuals who are addicted to drugs or alcohol. This includes individuals who have been convicted of a drug or alcohol-related crime, or who have been admitted to a substance abuse treatment program.
- Individuals who have been dishonorably discharged from the military. This includes individuals who have been discharged from the military for a crime or for other reasons that make them unfit to own a firearm.
The Process for Appealing a Firearm Purchase Denial
If you are denied a firearm purchase in Utah, you may appeal the denial to the Utah Bureau of Criminal Identification (BCI). The BCI will review your case and make a final determination on whether or not you are eligible to purchase a firearm.
The appeal process is as follows:
1. You must submit a written appeal to the BCI within 30 days of the date of your denial.
2. The BCI will review your appeal and make a final determination on whether or not you are eligible to purchase a firearm.
3. If your appeal is denied, you may file a lawsuit in state court.
Getting Help for Mental Illness or Substance Abuse
If you are struggling with mental illness or substance abuse, there are a number of resources available to help you. You can find a list of resources on the Utah Department of Health website.
The information in this article is not intended to be a substitute for legal advice. If you have any questions about your firearm rights, you should consult with an attorney.
| Disqualification | Explanation |
|---|---|
| Being a convicted felon | Felons are prohibited from possessing firearms under federal law. |
| Being a fugitive from justice | Fugitives are considered to be a danger to society and are therefore prohibited from possessing firearms. |
| Being addicted to drugs | People who are addicted to drugs are considered to be a danger to themselves and others and are therefore prohibited from possessing firearms. |
| Having been adjudicated mentally ill | People who have been adjudicated mentally ill are considered to be a danger to themselves and others and are therefore prohibited from possessing firearms. |
| Being dishonorably discharged from the military | People who have been dishonorably discharged from the military are considered to be a danger to society and are therefore prohibited from possessing firearms. |
| Being a minor | Minors are prohibited from possessing firearms under federal law. |
3. Drug Use
In addition to the general federal firearm laws, Utah law also prohibits certain people from possessing firearms based on their drug use. These include:
- Conviction of a drug-related crime. This includes any crime involving the sale, possession, or use of illegal drugs.
- Current use of illegal drugs. This includes any use of illegal drugs, even if it is not for personal use.
- Current use of prescription drugs without a prescription. This includes any use of prescription drugs that are not prescribed for you by a doctor.
If you have been convicted of a drug-related crime, or if you are currently using illegal drugs or prescription drugs without a prescription, you are not eligible to purchase a firearm in Utah.
4. Other Disqualifications
In addition to the above, there are a number of other reasons why you may be disqualified from purchasing a firearm in Utah. These include:
- Being a fugitive from justice. This means that you are wanted by the police for a crime.
- Being a member of a prohibited organization. This includes any organization that is involved in criminal activity or that advocates violence.
- Being under indictment for a felony. This means that you have been charged with a felony crime, but have not yet been convicted.
- Being a user of alcohol to excess. This means that you have been convicted of a crime that was committed while you were under the influence of alcohol.
If you have any of these disqualifications, you are not eligible to purchase a firearm in Utah.
These are just some of the reasons why you may be disqualified from purchasing a firearm in Utah. If you are unsure whether you are eligible to purchase a firearm, you should contact the Utah Bureau of Criminal Identification (BCI) for more information.
What Disqualifies You From Buying A Gun In Utah?
- You are under 18 years old.
- You are a convicted felon.
- You have been convicted of a domestic violence misdemeanor.
- You have been adjudicated mentally incompetent or have been committed to a mental institution.
- You are a fugitive from justice.
- You are an illegal alien.
- You have been dishonorably discharged from the military.
- You are addicted to drugs or alcohol.
- You have been convicted of a crime involving a controlled substance.
If you are unsure whether you are disqualified from buying a gun in Utah, you should consult with an attorney.
How can I find out if I am disqualified from buying a gun in Utah?
You can check your eligibility to purchase a firearm by contacting the Utah Bureau of Criminal Identification (BCI). You can do this online at [https://bci.utah.gov/](https://bci.utah.gov/) or by calling (801) 965-4417.
What if I am disqualified from buying a gun in Utah?
If you are disqualified from buying a gun in Utah, you may be able to get your rights restored. The process for restoring your rights varies depending on the reason for your disqualification. You should consult with an attorney to learn more about your options.
**What are the penalties for buying a gun in Utah if you are disqualified?
If you are caught buying a gun in Utah while you are disqualified, you could be charged with a felony. You could also be fined up to $10,000 and sentenced to up to 15 years in prison.
there are a number of factors that can disqualify you from buying a gun in Utah. These include being a convicted felon, being under the age of 18, being a fugitive from justice, being a drug user or addict, having a history of domestic violence, or being declared mentally incompetent. It is important to be aware of these disqualifying factors before attempting to purchase a gun in Utah. By understanding the law, you can help to ensure that you are legally eligible to own a firearm.