Domestic Violence Gun Laws in Utah

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Understanding Domestic Violence Gun Laws in Utah

Individuals convicted of certain domestic violence offenses are prohibited from possessing firearms under both state and federal law. This prohibition applies to misdemeanor and felony convictions related to domestic violence.

There are different types of firearm restrictions for domestic violence cases. From the moment a person is charged and released from custody, they are considered a restricted person by domestic violence gun laws in Utah.

These restrictions apply at various stages of a domestic violence case, and understanding them is important for anyone involved in such legal matters.

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Recent Case Results


Leaving the scene of an accident
Case Dismissed!

Client was accused of leaving the scene of an accident in Riverton, case dismissed.
SLC DUI
Dismissed!

Client's 2nd offense. Argued suppression motion, case dismissed.
Davis County Assault
Dismissed

Client charged with assault in Davis County. Cased was dismissed.
West Jordan Burglary
Burglary Case Dismissed

Client accused of breaking into vehicle, stealing items, then fleeing the scene.
Draper DUI
Dismissed

Client charged with DUI. Case Dismissed.
Draper DUI
Reduced

DUI charge dropped to reckless
Provo DUI
DUI Dismissed

Client was stopped at DUI check point, failed FSTs, blew below the legal limit, but had other substances in his system.
Draper DUI
DUI Dismissed

Client found in car, passed out, alleged drugs in system.
Domestic Violence, Midvale
Case Dismissed

Domestic Violence case in Midvale, case DISMISSED.
Domestic Violence and Burglary, Salt Lake 3rd District
Case Dismissed

DV and Burglary case dismissed in Salt Lake 3rd District
DUI - South Jordan
Dismissed

Accused of DUI with prescription drugs with an accident in South Jordan, case dismissed.
Dog Attack, Salt Lake County
Case Dismissed

Dog attack case in Salt Lake County
Domestic Violence, Sandy
Case Dismissed

DV in Sandy, client accused of fighting with girlfriend, case dismissed.
Domestic Violence, Salt Lake County
Case Dismissed

DV in Salt Lake County, client accused of attacking her daughters boyfriend, case dismissed.
DUI, West Jordan
THC DUI Dismissed

Kira Eoff, West Jordan, THC DUI dismissed
DUI - West Jordan
Dismissed

DUI in West Jordan, pulled over for swerving, dismissed.
DUI - Provo
Dismissed

DUI dismissed in Provo, bad driving pattern, thought it was drugs, failed FSTs, and DRE exam.
DUI - Holladay
Jury Verdict of Not Guilty

DUI charge, client had actual physical control with a high BAC, verdict not guilty.
Theft - Layton, UT
Case Dismissed

Target employee charged with theft in Layton, case dismissed.
Murray, UT - DUI.
Case Dismissed!

Stopped for speeding, failed FSTs.
West Jordan, Ignition Interlock Violation
Case Dismissed!

Client accused of driving with an ignition interlock device.
Herriman, DUI
Case Dismissed!

Client accused of DUI, had a blood draw result of .08, got a second opinion that showed .075.
West Valley City, Domestic Violence Assault
Case Dismissed!

Client was accused of assaulting her husband.
Murray, UT - Possession of Drug Paraphernalia
Case Dismissed!

Cops found items in the car, claimed there was a drug deal.
Lehi, Child Abuse
Case Dismissed

Client was accused of hitting son.
West Jordan, Seven 2nd Degree Felony Counts of Check Fraud
Case Dismissed!

Client was accused of fraudulently writing checks on accounts that were closed.
Provo, UT - DUI
Case Dismissed!

Client drinks at party, comes back and falls asleep in car, fails FSTs, arrested for DUI.
Murray, UT - Retail Theft
Case Dismissed

Client was in Costco, put item in purse, security claimed she was stealing property.
SLC, UT - Domestic Violence Assualt
Case Dismissed

Client was in a fight with boyfriend, charged with Domestic Violence (DV).
Holladay, UT - DUI
Case Dismissed!

Ran from a DUI checkpoint. Failed FSTs.
Salt Lake City - Felony Child Non-Support
Case Dismissed

Client owed over $55,000 in child support arrears.
Theft - Provo Justice Court
Case Dismissed

Client was buying bikes off KSL and ended up with stolen bikes.
Theft - Taylorsville Justice Court
Case Dismissed

Client was accused of stealing supplies from a salon.
Aggravated Assault Charge - Salt Lake 3rd District Court
Case Dismissed

Client was accused of pulling a gun on his girlfriend and threatening to kill her.
Provo, UT - Theft
Case Dismissed!

Client was buying bikes off KSL and ended up with stolen bikes.
American Fork, UT - DUI
Case Dismissed

Client was stopped for a registration issue, failed the field sobriety tests and blew in the intoxilyzer twice.
Alcohol Restricted Driver and Driving on a Suspended License - Sandy Justice Court
Case Dismissed

Client was accused of driving on a restricted and suspended license.
DUI - Salt Lake County
Jury Verdict of NOT GUILTY

Client failed field sobriety tests, had a poor driving pattern, & refused breath test.
DUI - Clearfield, UT
Case DISMISSED!

Client was driving a big rig, and we were able to save his job.
Possession of Drugs - Utah County
Case DISMISSED!

Client was stopped and improperly searched.
Assaulting an officer, resisting arrest - Salt Lake City, UT
Jury verdict of NOT GUILTY!

Client was investigating friend being restrained by cops and cops attacked him.
DUI, Lehi
DUI dismissed

Client was charged wrongfully. Restored his license, got the charges dismissed!
DUI, Midvale
Jury verdict of NOT GUILTY!

Client blew a .80.
DUI, Midvale
Jury verdict of NOT GUILTY!

Client claimed he was not the driver, even though cops thought he was.
DUI, Draper
Jury verdict of NOT GUILTY!

Client was driving the wrong way on a one-way road, failed FSTs.
DUI, St. George
Jury verdict of NOT GUILTY!

Client was asleep in his car, with stereo on. Cops came and called it
Aggravated assault, Salt Lake 3rd District.
Jury verdict of NOT GUILTY!

Client was accused of pulling a knife on a man in a Wal-mart parking lot.
Retail Theft, Orem
Plea in Abeyance

Client had stolen items from a local retailer, had admitted everything to police and was able to keep her record clean.
Under age consumption, Davis 2nd District
Plea in Abeyance.

Clients were at a party when all were caught drinking. Were able to keep records clean.
DUI, Vernal
Case DISMISSED!

Client was stopped for license plate light being out and for having it improperly displayed. Had a BAC of .17.
Possession of Drugs, Salt Lake City
Case DISMISSED!

Client was at a pizza place, eating in the parking lot when cops arrived, suspicious of their activity.
Domestic Violence, Taylorsville
Plea in Abeyance

Client called the police when upset, didn't mean to get cops involved, but we were able to save his record.
Domestic Violence, Lehi
Plea in Abeyance to disorderly conduct as an infraction

Client was going through a divorce, his spouse would not allow him to see their child or leave. Cops blamed him.
Stalking, Park City
Plea in Abeyance

Charges reduced, and offered in abeyance, so client's record would stay clean. She was accused of stalking a member of the Mormon Tabernacle Choir, was a teacher, and was able to keep her record clean.
Aggravated Assault, Davis 2nd District
Charges reduced to disorderly conduct as an infraction, no jail time, minimal fine

Client was seen entering Wal-mart with a gun after making apparently threatening phone calls to his former manager.
Retail theft, Salt Lake
Plea in Abeyance.

Client was a college student, accidentally walked out of the store without paying for a cup of soup, but had paid for everything else. Was able to keep her record clean.
DUI, West Valley
Jury Verdict of NOT GUILTY!

Client was a former ski patroller and hopeful to get on with an ambulance crew. He was accused of driving off the road with prescription medication in his system. He suffered from strokes.
Traffic violation, Spanish Fork
Verdict of NOT GUILTY!

Client was a truck driver and had been in an accident. The judge found him not guilty as charged.
Theft of services, Salt Lake 3rd
Case DISMISSED!

Client was accused of stealing services from a shop. Were able to prove that her signature had been forged.
DUI, South Salt Lake
Jury verdict of NOT GUILTY!

Client was accused of driving with alcohol in her system on a second offense, then subsequently refusing the breath test.
DUI, Salt Lake Airport
Case DISMISSED!

Client was accused of driving through the airport while DUI, was arrested prior to field sobriety tests being administered.
If you need help understanding domestic violence laws in Utah, contact Branson West Law for expert advice.

The Four Types Of Firearm Restrictions For Domestic Violence Cases

When charged with domestic violence in Utah, individuals face four main types of firearm restrictions. Each type depends on the specifics of the case.


If an individual is arrested for domestic violence-related charges and subsequently released from jail, there may be conditions imposed upon their release. These conditions often include restrictions on firearm possession.

For example, as a condition of release, the court may order the individual to surrender any firearms they possess or prohibit them from obtaining firearms during the period of release. This immediate restriction ensures that the accused cannot pose a further threat while awaiting trial.

A pretrial protective order is a court order issued before the end of a trial or legal proceedings. In cases involving domestic violence allegations, a judge may issue a pretrial protective order to protect the alleged victim from further harm.

This order can include provisions restricting the defendant's access to firearms. If the court determines that there is a risk of harm to the victim, the defendant may be required to surrender any firearms they own or refrain from purchasing or possessing firearms for the duration of the order.

A permanent protective order, also known as a long-term protective order, is issued after a hearing where evidence shows the need for ongoing protection against domestic violence. If the court grants a permanent protective order, it may include firearm restrictions.

The order can extend for several years and may require the respondent (the individual against whom the protective order is issued) to surrender existing firearms or prohibit the purchase of new firearms. In some cases, the protective order can extend beyond the probation period for the petitioner's continued protection.

In cases where a defendant is convicted of domestic violence offenses, the court may impose a sentencing protective order as part of the sentencing process. Similar to pretrial and permanent protective orders, a sentencing protective order will include restrictions on firearm possession.

The court may order the defendant to surrender any firearms they possess or prohibit them from obtaining firearms during the protective order period. However, the protective order is typically in place only during the sentencing period and expires once the sentence is complete.

The Long-Term Impact of Domestic Violence Convictions on Firearm Rights


In Utah, even a minor misdemeanor charge related to domestic violence can have long-term impacts on an individual's rights, particularly concerning firearm rights.

When a domestic violence conviction is recorded, the individual is labeled as a "restricted person" under both state and federal law, effectively barring them from possessing or purchasing firearms. This restriction is immediate and remains in place until the charge is expunged—a complex legal process requiring expert assistance.

Consulting with an experienced attorney like Branson West can help you navigate these consequences and explore options for restoring rights.

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An image of a gun and gavel - domestic violence gun laws in Utah can be complicated so contact Branson West Law today if you need assistance.

The Cost of DUI in Utah
with Branson K. West

KUTV 2 News Interview with top Utah DUI and Criminal Defense attorney Branson K. West.

"I learned a lot by talking to this attorney."

Brian Mullahy of KUTV

Domestic Violence Lawyer In Utah

Domestic violence charges carry heavy consequences, including legal penalties and restrictions that can change an individual's life forever. These cases are complex and involve factors beyond firearm restrictions, such as:

  • Potential jail time or fines
  • Custody and visitation issues
  • Mandatory counseling or anger management programs

Many individuals charged with domestic violence may not be fully aware of the extent of these restrictions or the serious nature of the charges they face. Understanding all the implications requires professional legal assistance.

Branson West is a seasoned criminal defense attorney with extensive experience in handling domestic violence cases. He knows the ins and outs of the local courts and can protect your rights.

An image of the courthouse - Branson West Law is the domestic violence attorney you should trust in Utah.

Free Consultation For Domestic Violence Cases

Facing domestic violence charges can be daunting due to the severe consequences, including firearm restrictions that you might not fully understand.

Branson West is the best lawyer for navigating all the implications of domestic violence charges and providing a solid defense. With his dedication to client rights, Branson offers invaluable support to those dealing with domestic violence gun laws in Utah.

If you or someone you know is struggling with a domestic violence charge, seek expert help immediately. Branson West Law offers a free consultation to discuss your case, provide legal advice, and explore the best defense strategies.

Contact Branson today to schedule your free consultation and ensure you have the best possible defense.

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