Can Minors Legally Possess A Firearm in Utah?
The simple answer is yes, but it is just a little more complicated than that. Under Utah Code 76-10-509.4 the general rule is that no one in Utah under the age of 18 years may possess a “dangerous weapon,” which obviously includes guns and firearms. For someone under the age of 18 years, however, there are a couple of exceptions:
- A minor who is younger than 14 years may legally possess a firearm if he has his parent’s permission to possess it, is accompanied by a parent, and does not use the firearm in the commission of a crime.
- A minor who is at least 14 years old but younger than 18 may possess a firearm if he has his parent’s permission and does not use the firearm in the commission of a crime.
When Can A Minor Not Possess A Gun?
In addition to not having a parent’s permission and using a firearm in the commission of a crime, there are a number of other factors that make a minor’s possession of a firearm unlawful. Utah Code 76-10-503 establishes which minors are restricted from possessing a firearm, specifically:
- A minor who has been adjudicated in juvenile court of a violent felony – this makes the minor a class I restricted person;
- A minor who has been adjudicated delinquent in juvenile court of a felony – this makes the minor a class II restricted person;
- A minor who in in possession of a firearm while also illegally in possession of or using a controlled substance;
- A minor who has a protective order issued against him which prohibits the use of physical force against the petitioner.
In any of the above scenarios when a minor possesses a firearm he can be charged with a third degree felony.
What is an Illegal Use of a Firearm by a Minor
A minor may not use a gun illegally, but what does that mean. The answer is based in common sense for the most part. For example, a minor cannot use a firearm or gun in an aggressive manner such as using it to threaten someone or assault someone. Violent crimes involving guns can land a minor in juvenile detention for many months.
A minor also cannot fire a gun from an automobile, at road signs, at communications equipment, at railroad equipment, near a house, etc. (See Utah Code 76-10-508.)
In addition to possibly having to serve time in juvenile detention, a minor can also lose his driving privileges for a time if he misuses a firearm.