Criminal history? If you have something in your past that your are afraid may disqualify you from obtaining a permit, Utah BCI has released these GUIDELINES to follow. These are not binding to BCI and if in doubt, contact Utah BCI as they are very helpful in determining your eligibility.
U.C.A. 53-5-704 states that: The bureau may deny a concealed firearm permit if the applicant or permit holder has been or is convicted of the following offenses.
- A felony
- A crime of violence
- An offense involving the use of alcohol
- An offense involving unlawful use of narcotics or a controlled substance
- An offense involving moral turpitude
- An offense involving domestic violence
- Adjudicated by a state or federal court as mentally incompetent
- Or is not qualified to purchase and possess a firearm pursuant state and federal law.
R722-300-3(2)(k) An offense involving moral turpitude, means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States involving conduct which: is done knowingly contrary to justice, honesty, or good morals; has an element of falsification or fraud; or contains an element of harm or injury directed to another person or another’s property
- Theft
- Fraud
- Tax evasion
- Issuing bad checks
- Robbery
- Interference with police
- Fleeing, resisting, or failure to obey police
- Obstruction of justice
- Bribery
- Perjury
- Extortion
- Arson
- Criminal mischief
- Falsifying govt. records
- Wildlife violations involving weapons
- Forgery
- Receiving stolen property
- Firearms violations
- Burglary
- Vandalism
- Kidnapping
- Crimes involving unlawful sexual conduct
- Violations of the pornographic and harmful materials and performances act.
Concealed Firearm Permit disqualifying offense time periods:
“The below time frames are non binding and only listed as a general guideline”
Class C misdemeanors & Infractions — 3 years
Class B Misdemeanors — 4 years
Class A misdemeanors — 5 years
i.e crimes of violence, unlawful use of alcohol, unlawful use of narcotics/controlled substances, moral turpitude and weapons/firearms violations
Juvenile felony conviction U.C.A. 76-10-503 (non violent – property crimes) – 7 years
Juvenile felony conviction U.C.A. 76-10-503 (violent – crimes against person) – 10 years
Felony conviction or not qualified to purchase and possess firearms pursuant to State or Federal law – Lifetime
(unless dismissed, reduced to a misdemeanor or expunged)
Domestic violence – Lifetime
(unless dismissed, reduced to an infraction or expunged)
Protective orders – Lifetime
(unless removed, must be a family member or cohabitant) (not a neighbor, friend, etc.)
Mentally incompetent (adjudicated by a State or Federal court) – Lifetime
(unless withdrawn or reversed)
Danger to self or others (threat of or attempt of suicide, with or without an arrest or conviction) – Suspension
(time frame based on the CFP Board’s decision)
Past pattern of violent behavior – Suspension
(time frame based on the CFP Board’s decision)
Convicted of a registrable sex offense, as defined in Subsection 77-27-21.5(1)(n) – Lifetime
(unless dismissed or expunged)
Moral turpitude disqualifiers: is done knowing contrary to justice, honesty, or good morals; has an element of falsification or fraud; or contains an element of harm or injury directed to another person or another’s property
“Sex offender” means any person:
Class A misdemeanor violation of Section 76-4-401, enticing a minor;
Class A misdemeanor violation of Section 76-9-702.7, voyeurism;
Section 76-5-401.1, sexual abuse of a minor;
Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old; Section 76-5-402, rape;
Section 76-5-402.1, rape of a child;
Section 76-5-402.2, object rape;
Section 76-5-402.3, object rape of a child;
Section 76-5-403.1, sodomy on a child;
Section 76-5-404, forcible sexual abuse;
Section 76-5-404.1, sexual abuse of a child or aggravated sexual abuse of a child;
Section 76-5-405, aggravated sexual assault;
Section 76-5a-3, sexual exploitation of a minor;
Section 76-7-102, incest;
Subsection 76-9-702(1), lewdness, if the person has been convicted of the offense four or more times;
Subsection 76-9-702(3), sexual battery, if the person has been convicted of the offense four or more times;
Any combination of convictions of Subsection 76-9-702(1), lewdness, and of Subsection 76-9-702(3), sexual battery, total four or more convictions;
Section 76-9-702.5, lewdness involving a child;
Section 76-10-1306, aggravated exploitation of prostitution
ALL TIME FRAMES START FROM THE DATE THE CASE IS CLOSED. THIS INCLUDES PROBATION, FINES, Etc.
Criminal History Guidelines