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Criminal Defense against Gun Charges
Salt Lake City Weapons Violations Defense Lawyer
- If you used a weapon to commit a crime
- If you own a gun after you have been convicted of a felony, of domestic violence or if you have a restraining order against you
- If you were carrying a gun on your person or in your car without having a permit to carry…
You are now under increased scrutiny in the criminal justice system.
Anytime a gun is used in a crime, penalties increase dramatically. Anytime a juvenile is in possession of a firearm, the judge will take a hard look at whether he or she is involved in gang violence and if this is a stepping stone to serious crime.
Laws Related to Carrying a Concealed Firearm
Utah recognizes the right of gun owners to carry their firearms discreetly on their person. But this right is not without limits. First of all, in order to be in compliance with the law, you’ll need to apply for a concealed carry permit, which is issued by the Bureau of Criminal Identification. Depending on the circumstances, carrying a firearm without a permit can result in misdemeanor or felony charges. If you’ve been charged with a violation of gun laws, seek the counsel of an experienced Utah gun charges attorney at Rasmussen & Miner as soon as you can. Once we’re alerted to your situation, we can begin building a strong defense on your behalf.
The degree of charges you face depends on several factors, including
- Whether the gun was loaded
- Whether it was a “sawed-off” shotgun/rifle
- Whether it was being used in the commission of a violent felony
For the mildest offense of carrying an unloaded gun without permit, you could be facing up to six months in jail and a fine of up to $1,000. The most serious offense (using a gun in the commission of a felony) could result in up to 15 years imprisonment and a fine of up to $10,000.
Prohibitions Against Carrying in Certain Places or Situations
Once you have obtained a concealed carry permit, there are still limits on where you can bring your firearm. There are places where guns are banned, even with a permit. You cannot bring a firearm on school property or to a Utah airport. When it comes to churches (and other religious institutions) and private homes other than your own, you cannot carry a gun if you have been notified that guns aren’t allowed. Notification can be written or oral.
Where can you carry a gun without a permit? You don’t need a permit to carry in your own home or vehicle, at your place of business if you are the business owner, or in someone else’s vehicle if you have received their knowledge and consent.
Other Types of Gun Charges
While Utah has among the most relaxed gun laws in the United States, there are nonetheless numerous laws regulating gun ownership and use. It is for this reason that you shouldn’t simply assume that the charges against you will be dismissed. Every case is different and you’ll need to discuss yours with an experienced Utah gun charges attorney. Carrying a concealed firearm without a permit is just one type of misdemeanor gun offense. Others include:
- Altering a gun’s identifying information (serial number, make or model)
- Possessing a deadly weapon with the intent to commit a crime
Other felony gun offenses include:
- Selling a gun to a minor (unless the minor is accompanied by a parent or legal guardian)
- Felony discharge of a weapon (which usually means firing your weapon without a legal justification for doing so, such as self defense or defense of others)
Why You Should Consult an Attorney
Gun laws are full of caveats and exceptions, which are far too numerous to list here. If you’ve been charged with a gun offense, the minute details involved in your alleged offense could make a significant difference in how the crime is charged and whether we could potentially get charges dismissed. Our Utah gun charges attorney team knows Utah gun laws inside and out, and we can help you understand what your options are.
This is not just a court case, this is your life—and it’s our fight.
At the Salt Lake City law office of Rasmussen & Miner, we understand the challenges you face on gun charges. Our defense lawyers have been representing people charged with gun crimes and other felony and misdemeanor crimes in state and federal courts in Utah for more than 20 years. We’ve got a track record of results to prove it.
Contact our office to schedule a free initial consultation. Call (801)363-8500. Our phones are answered 24/7 and we make jail visits.
We Take Gun Charge Defense Seriously
Edward Montgomery was the first attorney in Utah to defend against a 924(c) charge — a gun charge stemming from a prior domestic violence conviction. These are difficult cases, even if the conviction was many years ago. We’re not afraid to tackle complex cases.
A Strategic Defense for Gun Charges
Serious criminal cases benefit from a team approach. Two attorneys will review your case separately and then together to identify strengths and weaknesses and to develop a defense strategy to achieve the best possible outcome, given the facts. That could be a dismissal of charges, pleading to lesser charges, a juvenile probation or diversion program, or an acquittal at trial.
As our client, you are a vital part of the team. You will always be part of the process and informed at all times. Put our gun charges defense team to work on your case. Contact our Salt Lake City law office.