Reasons for Denial of Utah CCW permit


Warbirds

New member
I found a list of the reasons why someone could be denied a CCW permit in the state of Utah. I only remember half of these from my class so I thought I would post them here for anyone that might want to know.

1.A DUI conviction within the past 6 years.
2.Any Felony conviction (a crime with a jail term exceeding 1-year).
3.Any conviction for a crime involving Domestic Violence in any state.
4.A conviction for a crime of Moral Turpetude (fraud, theft, tax evasion, issuing bad checks, robbery, bribery, perjury, extortion, arson, criminal mischief, falsifying government records, forgery, receiving stolen property, burglary, vandalism, kidnapping).
5.If you have an outstanding warrant for your arrest (a Wanted Person, or fugitive from justice).
6.If you have a conviction for a Crime of Violence, or are a danger to yourself or others due to a past pattern of behavior or threats involving unlawful violence (including threats or attempts of suicide); or a juvenile delinquency in the past 7 years for an offense that would be violent if an adult.
7.If you are the current subject of a Protective Order.
8.If you have any conviction for any offense involving a Weapons Violation.
9.If you have a conviction for any offense involving unlawful use of or possession of Narcotics or a controlled substance.
10.You can not have been adjudicated by a state or federal court as being Mentally Incompetent to stand trial, been committed to a mental institution, or found not guilty by reason of insanity for a felony.
11.If you are not qualified to purchase or possess a dangerous weapon or handgun pursuant to federal law (a Restricted Person).
12.You can not be an Illegal Alien.
13.You can not have been Dishonorably Discharged from the U.S. Armed Forces.
14.You can not have Renounced your U.S. Citizenship.

This list came from the utah-concealed-carry-permit.com website.
 

G274me

New member
This list has been ubdated since being posted to Utah Conceal Carry.com and many instructors still don't know about the change. It's been in effect for a year. If you don't believe me then call BCI.

As long as you have not been convicted of a felony or sexual offense, then certain time frames apply for misdemeanor crimes.

Below is from Link Removed I suggest you read the rest from the site.

"(b) If the applicant does not meet the qualifications set forth in Subsection 53-5-704(2)(a) because the applicant has been convicted of a crime, the bureau may find that mitigating circumstances exist if the applicant was not convicted of a registerable sex offense, as defined in Subsection 77-27-21.5(1)(n), and the following time periods have elapsed from the date the applicant was convicted or released from incarceration, parole, or probation, whichever occurred last:

(i) five years in the case of a class A misdemeanor;

(ii) four years in the case of a class B misdemeanor; or

(iii) three years in the case of any other misdemeanor or infraction.

(c) Notwithstanding any other provision, the bureau may not grant a permit if the applicant does not meet the qualifications in Subsection 53-5-704(2)(a)(viii).

53-5-704(2)(a)(viii). is not qualified to purchase and possess a firearm pursuant to Section 76-10-503 and federal law."

Here's a link to 76-10-503 Link Removed
 

G274me

New member
And just to clear any confusion; Although a misdemeanor, A Domestic Violence conviction means you are a restricted person under federal law.
 

Just-A-Jeep

New member
You forgot the fact that you need a resident permit in the state you live if you are applying for a non-resident permit (if your state has reciprocity)
 
You forgot the fact that you need a resident permit in the state you live if you are applying for a non-resident permit (if your state has reciprocity)

Good point. Any questions can be answered by UT BCI 801-965-4445. They're usually very friendly and helpful.
 

Scvette

New member
Ok here's a question for you guys,I know this is a old post but I'll bring it back alive.
So when I was 19 I did something completely stupid and was convicted of a non violent felony,that was 28 yrs ago,I was given what they call a sis,suspended imposition of sentence,so they told me if I stayed out of trouble it would be removed from my record. So in 2009 I finally applied for my cpl in wa state and was given my cpl in about 3 weeks,went to buy a pistol and was denied by NICS,I didn't contest the denial as I had to leave and go back to work,backing up a bit,I was told that when I apply for anything to put no,not convicted,and that's what I did on my cpl application. So while I was home this last time I went to attempt to purchase another pistol,filled out all the paperwork and they submitted it to nics,it took along time and the clerk told me it would probably be denied or put on hold,so after it tried 23 times,automated reply,it came back as a proceed. So my question would be,on the non resident application for a Utah permit,should I do the same and put no on the question as to if I was convicted? By the way I have never been in any trouble with the law since my one stupid mistake, I hold a 1600 ton masters license and run large vessels in the Bering Sea, I am required to have thourgh back ground checks my the Coast Guard every 5 yrs to maintain my masters license. Hopefully one of you guys on this great forum can give me a good answer. Thank you.
 

Scvette

New member
I should also add that the state I got into trouble was Alaska,when I was given that sis after 3 yrs that sis turned into a set aside conviction. I know on all applications when it asks about if you have been convicted,it has some exceptions,I think it's exception 11,it states that if a person has had their conviction expunged,or set aside they are to answer no. So my question would be,on the Utah application although it says nothing about expunged or set asides,would I still say no,it seems if you say yes it would cause a denial automatically.
 

sarahbn

New member
You can also get denied for an unreadable fingerprint card. After I got mine, I got sent a letter that said they found the prints to be "unreadable" and included two more blank fingerprint cards, and they said if I didn't get a better set of fingerprints sent in really soon, they'd deny my permit.
 

Theronius

New member
Hi everyone-

Just joined the forum today. I'm in Washington State, where I have a CCP, and I'm interested in getting the UT permit to expand my coverage into other areas when travelling.

My question (and sorry if it's asked and answered elsewhere, I searched but couldn't find this specific question...) is this- in 2008, I was pulled over for DUI. The charge was later amended to Negligent Driving in the 1st degree. Case was officially closed in May 2010. Nothing else on my record, and this didn't cause any problems in WA- do you think this will be an issue with UT? Just checking so I know what to expect- from some of the things I've read it could lead to a waiting period of 3-6 years from the date the case was closed.

Thanks for any insight, I appreciate it, and again, sorry if it's a noob question. :)
 

skinnyb82

New member
Hi everyone-

Just joined the forum today. I'm in Washington State, where I have a CCP, and I'm interested in getting the UT permit to expand my coverage into other areas when travelling.

My question (and sorry if it's asked and answered elsewhere, I searched but couldn't find this specific question...) is this- in 2008, I was pulled over for DUI. The charge was later amended to Negligent Driving in the 1st degree. Case was officially closed in May 2010. Nothing else on my record, and this didn't cause any problems in WA- do you think this will be an issue with UT? Just checking so I know what to expect- from some of the things I've read it could lead to a waiting period of 3-6 years from the date the case was closed.

Thanks for any insight, I appreciate it, and again, sorry if it's a noob question. :)

You need to call the Utah BCI because I don't know whether Utah would consider Negligent Driving in the First Degree a DUI or not since Washington considers it a "Misdemeanor" and not a "Gross Misdemeanor." My guess, misdemeanor would be a Class B and "Gross Misdemeanor" would be a Class A, but that's just a somewhat educated guess. If they consider the charge a DUI, it's a Class A in their eyes, so 5 years from the disposition of the case (they just changed it from 6 because all other Class As are 5 years, or so I was told). If it's considered a Class B, another year and a half. Highly doubt it'd fall into "other" category. I ran into some problems with BCI investigators (had to call three times to get a straight answer...one of them told me to lie on one question, another told me to lie on two questions, and kept giving me different time periods for my DUI) so maybe wanna call more than once.
 

nirunn

New member
Here is an update to the reasons you can be denied a permit:

Index Utah Code
Title 53 Public Safety Code
Chapter 5 Regulation of Firearms
Part 7 Concealed Firearm Act
Section 704 Bureau duties -- Permit to carry concealed firearm -- Certification for concealed firearms instructor -- Requirements for issuance -- Violation -- Denial, suspension, or revocation -- Appeal procedure.


Paragraph (2)

(a) The bureau may deny, suspend, or revoke a concealed firearm permit if the applicant or permit holder:
(i) has been or is convicted of a felony;
(ii) has been or is convicted of a crime of violence;
(iii) has been or is convicted of an offense involving the use of alcohol;
(iv) has been or is convicted of an offense involving the unlawful use of narcotics or other controlled substances;
(v) has been or is convicted of an offense involving moral turpitude;
(vi) has been or is convicted of an offense involving domestic violence;
(vii) has been or is adjudicated by a state or federal court as mentally incompetent, unless the adjudication has been withdrawn or reversed; and
(viii) is not qualified to purchase and possess a firearm pursuant to Section 76-10-503 and federal law.
(b) In determining whether an applicant or permit holder meets the qualifications set forth in Subsection (2)(a), the bureau shall consider mitigating circumstances.
(3)
(a) The bureau may deny, suspend, or revoke a concealed firearm permit if it has reasonable cause to believe that the applicant or permit holder has been or is a danger to self or others as demonstrated by evidence, including:
(i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
(ii) past participation in incidents involving unlawful violence or threats of unlawful violence; or
(iii) conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons.
 

Scvette

New member
Anyone know: Is a legally-expunged criminal conviction (misdemeanor) from another state sufficient grounds for a Utah N/R CCW/CFP *denial* if a copy of my resident state CCW/CFP is provided, and the conviction and expungement are declared on the application and a copy of the expungement order is provided?

Or, does it depend?

Go back and read my post on page 1. I applied and was issued a Utah permit in less than 30 days. Or like someone else said call BCI in Utah,they are very friendly and will answer any questions you have.
 

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