One of the most common ways gun rights are taken away is through weapon offenses. A weapon offense is any crime that involves the use or possession of a weapon. This can include anything from using a weapon to committing a robbery to carrying an unlicensed firearm in public. Depending on the severity of the offense, penalties can range from a fine to imprisonment.
In some cases, weapon offenses can also result in the loss of gun rights. For example, if someone is convicted of a felony offense that involves the use of a firearm, they will likely be prohibited from owning firearms under federal law. Similarly, those subject to domestic violence restraining orders are also typically prohibited from possessing firearms.
If you have been convicted of a weapon offense in Utah, your gun rights may be restored under certain circumstances. Restoring your gun rights can be complicated, so it is important to understand the requirements and steps involved.
While weapon offenses are one of the most common ways that gun rights are taken away, there are other ways. For example, mental illness often prohibits someone from owning firearms. In many states, those who have been involuntarily committed to a mental health facility or judged to be a danger to themselves or others can be prohibited from owning firearms.
Similarly, those convicted of certain drug offenses can also be prohibited from owning firearms. This is because drug use is often seen as a sign of instability and a potential danger to others.
In Utah, there are two ways to regain your gun rights after a weapon offense: a pardon from the governor or court order.
A pardon from the governor is an act of clemency that completely restores your gun rights. To be eligible for a pardon, you must meet the following requirements:
- You must have been convicted of a weapon offense in Utah
- You must have completed your sentence, including any probation or parole requirements
- You must have demonstrated good character since your conviction
- You must have paid all fines and restitution related to your conviction
If you meet the above requirements, you can submit a pardon application to the Utah Board of Pardons and Parole. The board will review your application and recommend the governor, who will ultimately decide whether or not to grant a pardon.
The other way to restore gun rights in Utah is a court order. To be eligible for a court order, you must meet the following requirements:
- You must have been convicted of a weapon offense in Utah
- You must have completed your sentence, including any probation or parole requirements
- You must have demonstrated good character since your conviction
- You must have paid all fines and restitution related to your conviction
If you meet the above requirements, you can file a petition with the court that imposed your sentence. The court will review your petition and may hold a hearing. If the court grants your petition, it will issue an order restoring your gun rights.
Restoring your gun rights in Utah can be a complex process. If you have questions about the process or need assistance, don’t hesitate to contact an experienced criminal defense attorney.
