A felon can own a gun in Utah, but only in specific circumstances. A single non-violent felony conviction triggers a state-law firearms ban that lasts seven years after the sentence is complete, then lifts on its own if the person stays out of trouble. Violent felonies, domestic violence felonies, and multiple felony convictions create a longer or permanent state bar that only expungement or a pardon can clear. And federal law imposes its own permanent ban on almost anyone convicted of a felony, running on a separate track from Utah’s rules.
The Two Categories of Restricted Persons
Utah sorts people barred from firearms into two groups, and which one applies matters more than most people realize.
Category I is the more serious classification. It covers anyone convicted of a violent felony, anyone currently on probation or parole for any felony, people found not guilty by reason of insanity for a felony, and those subject to certain protective orders.1Utah Legislature. Utah Code 76-10-503 – Restrictions on Possession, Purchase, Transfer, and Ownership of Dangerous Weapons by Certain Persons
Category II sweeps in the felony convictions that fall outside the violent-felony definition: domestic violence felonies, multiple felonies arising from separate criminal episodes, and non-violent felonies where the person picks up another felony or class A misdemeanor within seven years of finishing their sentence.1Utah Legislature. Utah Code 76-10-503 – Restrictions on Possession, Purchase, Transfer, and Ownership of Dangerous Weapons by Certain Persons
The Seven-Year Rule for a Single Non-Violent Felony
This is where the Utah statute surprises people. Someone convicted of a single non-violent felony, with no domestic violence in their record, is not permanently banned from gun ownership under state law. The statute classifies that person as a Category II restricted person only during the seven years after they finish their sentence, and only if during that window they are convicted of or charged with another felony or class A misdemeanor.1Utah Legislature. Utah Code 76-10-503 – Restrictions on Possession, Purchase, Transfer, and Ownership of Dangerous Weapons by Certain Persons
Once those seven years pass and the person has stayed clean, the state-law restriction lifts automatically. No petition, no filing, no hearing. The clock starts when the full sentence is complete, and the sentence includes prison, probation, and parole. A five-year prison term followed by two years of parole means the seven-year countdown begins after parole ends, not after release from prison.
Before assuming this rule solves the problem, keep reading. Federal law does not follow Utah’s timeline.
The Federal Ban Runs on Its Own Track
Under 18 U.S.C. § 922(g)(1), anyone convicted of a crime punishable by more than one year in prison is prohibited from possessing any firearm or ammunition.2Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts That covers essentially every felony, whether or not the person served a day in prison. The federal ban is permanent. It does not expire in seven years.
This is a real trap. Once the Utah window closes on a single non-violent felony, a person may believe they are free to buy and carry a firearm. Under Utah law, they may be. Under federal law, they are committing a crime punishable by up to ten years in federal prison and fines up to $250,000. Clearing the federal ban requires getting the underlying conviction expunged, pardoned, or having civil rights formally restored in a way that includes firearm rights.
Restoring Firearm Rights Through Expungement
Expungement is the main route back to legal gun ownership for Utah felons. When a court grants an expungement order, the conviction is sealed and the person can respond to inquiries as if it never happened.3Utah Legislature. Utah Code 77-40a-401 – Processing of Expungement Order – Written Confirmation of Expungement – Effect of an Expungement An expunged felony removes the person from restricted-person status under Utah law, and the federal ban generally falls away as well, because federal law recognizes state-level relief that restores civil rights.
That federal recognition comes with a catch. The expungement order must not carry language restricting firearm rights. If a court states in the order that the person still may not possess firearms, the federal prohibition stays in place.
Waiting Periods
Most eligible felonies require a seven-year wait from the sentencing date before you can seek expungement. Drug possession felonies carry a shorter five-year wait.4Utah Department of Public Safety. Criminal Identification (BCI) – Expungements You cannot have any pending criminal proceedings (minor traffic offenses aside), be on probation or parole, or have an active protective order tied to the case.
Felonies Utah Will Not Expunge
Several categories of felonies are permanently ineligible, which means a pardon is the only remaining path to firearm rights:
- Capital felonies and first-degree felonies, regardless of how much time has passed.
- Violent felonies as defined in Utah Code § 76-3-203.5, including aggravated assault, robbery, and murder.
- Felony DUI, meaning a third or subsequent DUI charged as a felony.
- Any conviction requiring sex offender registration.
Additional bars kick in based on how many convictions you have. Two or more felony criminal episodes, five or more combined misdemeanor or felony episodes, or certain combinations of class A and class B misdemeanor convictions can disqualify you even if the individual offenses would otherwise qualify.4Utah Department of Public Safety. Criminal Identification (BCI) – Expungements
How the Expungement Process Works
The process usually takes a few months and moves through three main stages.
You start by requesting a Certificate of Eligibility from the Utah Bureau of Criminal Identification (BCI). BCI reviews your criminal history to confirm you meet the waiting periods and other requirements. Bring valid identification and pay the $15 fee.4Utah Department of Public Safety. Criminal Identification (BCI) – Expungements If BCI finds you ineligible, it will tell you why.
With the certificate, you prepare a Petition for Expungement and file it in the district court where the conviction occurred. The court filing fee is $135, with fee waivers available for financial hardship.5Utah State Judiciary. Expunging Adult Criminal Records You then serve the petition on the prosecuting attorney’s office.
The prosecutor can object based on ineligibility, unpaid restitution, or evidence of ongoing criminal activity.6Utah Legislature. Utah Code 77-40a-205 If no objection comes in, the court typically grants the petition. If the prosecutor objects, the court sets a hearing.
Pardons When Expungement Is Not Available
For convictions that cannot be expunged, a pardon from the Utah Board of Pardons and Parole is the remaining option. The Board reviews the applicant’s post-conviction behavior, rehabilitation, and community contributions. Pardons are rare and generally reserved for people with a long record of law-abiding conduct.
A pardon does not automatically restore firearm rights. The order must explicitly say the right to possess firearms is restored. If the pardon is silent on firearms, or includes language restricting gun possession, the ban stays in place under both state and federal law. Anyone applying for a pardon with firearms in mind should say so directly in the application.
Antique Firearms and Crossbows
Federal law excludes antique firearms from the definition of “firearm,” so the felon-in-possession ban does not reach them. An antique firearm is any gun manufactured in or before 1898, replicas of pre-1899 firearms that do not use modern rimfire or centerfire ammunition, and muzzle-loading rifles, shotguns, and pistols designed for black powder that cannot accept fixed ammunition. Muzzleloaders that can be readily converted to fire modern cartridges do not qualify.
Under Utah law, Category II restricted persons are specifically allowed to own and carry archery equipment, including crossbows, for lawful hunting and target shooting.7Utah Legislature. Utah Code 76-11-306 – Category II Restricted Person Participating in Prohibited Dangerous Weapon Conduct The exception falls away if a court has restricted your weapon possession as a condition of probation or pre-trial release, or if the Board of Pardons has done so as a condition of parole. Category I restricted persons do not get this exception at all.
The Constructive Possession Risk in Shared Households
A lot of restricted persons get charged not for buying a gun but for living with one. Under both federal and Utah law, you do not have to be holding a firearm to be charged with possessing it. Prosecutors can pursue a constructive possession theory, arguing that you possessed a gun if you knew it was in the home and had the ability to access it.
Courts have narrowed the broadest versions of this theory. Simply living in a house where a firearm exists is not enough on its own. In shared residences, prosecutors generally must show a substantial connection between you and the specific weapon, not just between you and the home. Evidence like the gun being in your bedroom, your fingerprints on it, or statements acknowledging it can establish that link. The safer arrangement is storing any household firearms in a place you physically cannot reach, such as a locked safe to which only the gun owner has the combination.