Possession of firearm in Utah by non-resident?

[Kipling79]

Hello, I have a friend moving from Illinois to Utah for a period of time, they do not have a FOID card as required by Illinois.

From what I have seen so far, Utah requires non-residents to comply with laws of their state of residency when purchasing firearms in Utah. But I have found no information on whether this Illinois resident can legally possess a gun in Utah without a FOID.

Any of you Utah visitors/residents have any ideas?

P.S. This is just for temporary protection until Utah residency is acquired (if needed).

Thanks

 

[Car Knocker]

From the Utah Constitution:

Article I, Section 6. [Right to bear arms.]
The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the Legislature from defining the lawful use of arms.

http://le.utah.gov/~code/const/htm/00I01_000600.htm

But I have found no information on whether this Illinois resident can legally possess a gun in Utah without a FOID.

Utah doesn't have such a disgusting thing as a FOID. Anyone who is legally permitted by the feds to possess a firearm is legal to possess a firearm in Utah. There is no registration, "safety inspections", etc. Your friend can apply for a Utah CFP while in Illinois after taking a class from a Utah-certified instructor and in about 55 days he should have his permit, which would allow him to CCW. Or, alternatively, he can open-carry while observing the law about "loaded" firearms.

A little more reading:

53-5a-102. Uniform firearm laws.
(1) The individual right to keep and bear arms being a constitutionally protected right under Article I, Section 6 of the Utah Constitution, the Legislature finds the need to provide uniform civil and criminal firearm laws throughout the state.
(2) Except as specifically provided by state law, a local authority or state entity may not:
(a) prohibit an individual from owning, possessing, purchasing, selling, transferring, transporting, or keeping a firearm at the individual's place of residence, property, business, or in any vehicle lawfully in the individual's possession or lawfully under the individual's control; or
(b) require an individual to have a permit or license to purchase, own, possess, transport, or keep a firearm.
(3) In conjunction with Title 76, Chapter 10, Part 5, Weapons, this section is uniformly applicable throughout this state and in all its political subdivisions and municipalities.
(4) All authority to regulate firearms is reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities.
(5) Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on either public or private property.
(6) As used in this section:
(a) "firearm" has the same meaning as defined in Subsection 76-10-501(9); and
(b) "local authority or state entity" includes public school districts, public schools, and state institutions of higher education.
(7) Nothing in this section restricts or expands private property rights.

http://le.utah.gov/~code/TITLE53/htm/53_05a010200.htm

One more thing:

Utah requires non-residents to comply with laws of their state of residency when purchasing firearms in Utah.

The feds are the major players in this area of the law. Long guns may be purchased out of the buyer's state of residence, from a dealer, as long as the laws of both the buyer's state and the seller's state are complied with. Handguns purchased out of state must be transferred to the buyer by a FFL in the buyer's state.

 

[KenW.]

Come on in!!! We have plenty of room. Friendly gun laws compared to most other states. Cities may NOT pass thier own laws.

No permit for buying or possessing a gun; just don't carry concealed til you get a ccw.

 

[NavyLCDR]

It is true that he can possess firearms in Utah, however.... how will this person OBTAIN the firearms to possess? He cannot buy a handgun in Utah, period, either from a dealer or from a private individual if he is not a resident of Utah. He cannot buy a longgun from a private individual in Utah if they are both not Utah residents. Any sale of a longgun to him from an FFL dealer requires the sale be legal in both states - that of the seller and buyer - therefore the laws of Illinois apply for purchases from an FFL.

The only way this could work is if someone loaned him a firearm for his use in Utah, but ownership of that firearm did not transfer to him.

 

[Aguila Blanca]

The original question stated that the friend would be "moving to" Utah, not "visiting" Utah. Moving implies changing place of residence. Once the person "moves" to Utah, such things as Illinois' FOID requirements become irrelevant.

Should the person in the future decide (against all logic) to return to Illinois, at that point the FOID issue would have to be reexamined.

 

[NavyLCDR]

Yep, absolutely true. And in the meanwhile, until the Utah residency is obtained, someone can loan the person a firearm!

 

[Kipling79]

Thanks for all of the replies. VERY helpful. I am hoping that a family member or close friend will be able to loan this person a firearm for a while.

Thanks again.


EDIT-

P.S. The reason the person needs the firearm is because their living situation will be very transitory and vulnerable. I am not sure if they will actually qualify as a Utah resident for this reason. I cant really give any more specifics... since i dont want to risk advertising their particular vulnerability or location on a public forum like this.

 

[Aguila Blanca]

Not asking you to reveal anything that might cause someone to be found by a person or persons they'd rather NOT be found by. But ... if they're living in Utah, they ain't living in Illinois. Even a vacation home qualifies as a "residence" during the period when you're living there, even if it's only for a week or two.

The BATFE FAQ: http://www.atf.treas.gov/firearms/faq/faqindex.htm

Look particularly at #B11. The first sentence says it all:

(B11) What constitutes residency in a State? [Back]

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

 

[Grump]

Worth a $100 to consult with a UT attorney regarding the ins and outs of "residency" and "domicile", don'chathink? Beware of shopping free advice forums until you hear what you want to hear.

BTW, prosecutors LOVE to hear "but a cop told me it was legal". NOT a defense at all, since cops are not the ones charged with enforcing as in prosecuting the law. A written opinion letter from the state's AG or a county Prosecutor/DA would do as a defense if someone decides Kosher ain't Kosher no more.