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Weapons Offenses: Carrying a Concealed Weapon


Carrying a Concealed Weapon: Attorneys

Carrying a Concealed Weapon

Legal Definition:

Automobile Homicide is the commission or attempt to commit assault by one cohabitant against another.

Carrying a Concealed Weapon

Utah Code §76-10-504

Degree

Depending of the facts, carrying a concealed dangerous weapon, can be charged as a class B misdemeanor, class A misdemeanor, or 2nd degree felony.

Elements

A defendant commits a class B misdemeanor carrying a concealed dangerous weapon, when they carry a concealed weapon, including an unloaded firearm on their person or one that is readily accessible for immediate use which is not securely encased, in or on a place other than the person's residence, property, a vehicle in the defendant's lawful possession, or a vehicle, with the consent of the individual who is lawfully in possession of the vehicle, or business under the person's control.

A defendant commits a class A misdemeanor carrying a concealed dangerous weapon, when they carry a concealed dangerous weapon that is a loaded firearm.

A defendant commits a 2nd degree felony carrying a concealed dangerous weapon, when the carry a concealed sawed-off shotgun or a sawed-off rifle.

A defendant commits a 2nd degree felony carrying a concealed dangerous weapon, if the concealed firearm is used in the commission of a violent felony1 and the person is a party to the offense.
1Utah Code Ann. §76-3-203.5

Fine

2nd degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)
Class A misdemeanor: A fine not to exceed $2,500, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(c), Utah Code Ann. §51-9-401)
Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))
Class A misdemeanor: A term in jail not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))
Class B misdemeanor: A term in jail not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))

DNA Specimen Analysis

A defendant convicted of a class A misdemeanor or 2nd degree felony carrying concealed dangerous weapon must provide a DNA specimen.

Firearms

A defendant convicted of a 2nd degree felony carrying a concealed dangerous weapon may not posses, use or have control of a firearm or ammunition for life.
(Utah Code Ann. §76-10-503, 18 U.S.C. §921-930)


Other Criminal Charges

Learn more about crimes related to Carrying a Concealed Weapon. If you have any questions, please feel free to call our office at (801) 505-1586.