Terms Used In Utah Code > Title 76 > Chapter 10 > Part 5 - Weapons

• Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
• Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Antique firearm: means :
            (1)(a)(i) any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898;
            (1)(a)(ii) a firearm that is a replica of any firearm described in this Subsection (1)(a), if the replica:

                 (1)(a)(ii)(A) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or

                 (1)(a)(ii)(B) uses rimfire or centerfire fixed ammunition which is:

                      (1)(a)(ii)(B)(I) no longer manufactured in the United States; and

                      (1)(a)(ii)(B)(II) is not readily available in ordinary channels of commercial trade; or
            (1)(a)(iii)

                 (1)(a)(iii)(A) that is a muzzle loading rifle, shotgun, or pistol; and

                 (1)(a)(iii)(B) is designed to use black powder, or a black powder substitute, and cannot use fixed ammunition. See Utah Code 76-10-501
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
• Bureau: means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety. See Utah Code 76-10-501
• Concealed firearm: means a firearm that is:
            (3)(a)(i) covered, hidden, or secreted in a manner that the public would not be aware of its presence; and
            (3)(a)(ii) readily accessible for immediate use. See Utah Code 76-10-501
• Conduct: means an act or omission. See Utah Code 76-1-101.5
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Criminal history background check: means a criminal background check conducted by a licensed firearms dealer on every purchaser of a handgun, except a Federal Firearms Licensee, through the bureau or the local law enforcement agency where the firearms dealer conducts business. See Utah Code 76-10-501
• Curio or relic firearm: means a firearm that:
       (5)(a) is of special interest to a collector because of a quality that is not associated with firearms intended for:

            (5)(a)(i) sporting use;

            (5)(a)(ii) use as an offensive weapon; or

            (5)(a)(iii) use as a defensive weapon;
       (5)(b)

            (5)(b)(i) was manufactured at least 50 years before the current date; and

            (5)(b)(ii) is not a replica of a firearm described in Subsection (5)(b)(i);
       (5)(c) is certified by the curator of a municipal, state, or federal museum that exhibits firearms to be a curio or relic of museum interest;
       (5)(d) derives a substantial part of its monetary value:

            (5)(d)(i) from the fact that the firearm is:

                 (5)(d)(i)(A) novel;

                 (5)(d)(i)(B) rare; or

                 (5)(d)(i)(C) bizarre; or

            (5)(d)(ii) because of the firearm's association with an historical:

                 (5)(d)(ii)(A) figure;

                 (5)(d)(ii)(B) period; or

                 (5)(d)(ii)(C) event; and
       (5)(e) has been designated as a curio or relic firearm by the director of the United States Treasury Department Bureau of Alcohol, Tobacco, and Firearms under Utah Code 76-10-501
• Dangerous weapon: means :
            (6)(a)(i) a firearm; or
            (6)(a)(ii) an object that in the manner of its use or intended use is capable of causing death or serious bodily injury. See Utah Code 76-10-501
• Dating relationship: means a romantic or intimate relationship between individuals. See Utah Code 76-10-501
• Dealer: means a person who is:
       (8)(a) licensed under Utah Code 76-10-501
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 76-10-501
• Enter: means intrusion of the entire body. See Utah Code 76-10-501
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Federal Firearms Licensee: means a person who:
       (11)(a) holds a valid Federal Firearms License issued under Utah Code 76-10-501
• Firearm: means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive. See Utah Code 76-10-501
• Fraud: Intentional deception resulting in injury to another.
• Fully automatic weapon: means a firearm which fires, is designed to fire, or can be readily restored to fire, automatically more than one shot without manual reloading by a single function of the trigger. See Utah Code 76-10-501
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Handgun: means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which a shot, bullet, or other missile can be discharged, the length of which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches. See Utah Code 76-10-501
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• House of worship: means a church, temple, synagogue, mosque, or other building set apart primarily for the purpose of worship in which religious services are held and the main body of which is kept for that use and not put to any other use inconsistent with its primary purpose. See Utah Code 76-10-501
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
• Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Prohibited area: means a place where it is unlawful to discharge a firearm. See Utah Code 76-10-501
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Readily accessible for immediate use: means that a firearm or other dangerous weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as readily as if carried on the person. See Utah Code 76-10-501
• Residence: means an improvement to real property used or occupied as a primary or secondary residence. See Utah Code 76-10-501
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Securely encased: means not readily accessible for immediate use, such as held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other storage area of a motor vehicle, not including a glove box or console box. See Utah Code 76-10-501
• Serious bodily injury: means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death. See Utah Code 76-1-101.5
• short barreled rifle: means a shotgun having a barrel or barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or barrels of fewer than 16 inches in length, or a dangerous weapon made from a rifle or shotgun by alteration, modification, or otherwise, if the weapon as modified has an overall length of fewer than 26 inches. See Utah Code 76-10-501
• Shotgun: means a smooth bore firearm designed to fire cartridges containing pellets or a single slug. See Utah Code 76-10-501
• Single criminal episode: means the same as that term is defined in Section 76-1-401. See Utah Code 76-10-501
• Slug: means a single projectile discharged from a shotgun shell. See Utah Code 76-10-501
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
• Violent felony: means the same as that term is defined in Section Utah Code 76-10-501
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5