State Preemption | Utah Concealed Carry

Utah State Preemption of Firearm Laws

Utah has a strong state preemption law that reserves the authority to regulate firearms, ammunition, and firearm accessories to the state legislature. This is codified in Utah Code § 53-5a-102 (effective 5/7/2025).

Constitutional Basis

The Legislature explicitly recognizes the individual right to keep and bear arms as a constitutionally protected right under both:

• Utah Constitution, Article I, Section 6
• Second Amendment to the United States Constitution

Key Provisions

Full Field Preemption: The Legislature declares that it "occupies the whole field of state regulation of firearms" and finds the need to provide uniform civil and criminal firearm laws throughout the state (§ 53-5a-102(1)).

Restrictions on Local and State Governmental Entities: Except as specifically provided by state law, a local or state governmental entity may not:

• Prohibit an individual from owning, possessing, purchasing, selling, transferring, transporting, or keeping a firearm, ammunition, or a firearm accessory at the individual's place of residence, property, business, or in any vehicle in which the individual is lawfully present (§ 53-5a-102(2)(a)).
• Require an individual to have a permit or license to purchase, own, possess, transport, or keep a firearm, ammunition, or a firearm accessory (§ 53-5a-102(2)(b)).

Uniform Application: The firearm laws under Part 1 of Chapter 5a and Title 76, Chapter 11 (Weapons) are uniformly applicable throughout the state and in all political subdivisions of the state (§ 53-5a-102(3)).

Reservation of Authority: Authority to regulate firearms, ammunition, and firearm accessories is reserved to the state except where the Legislature specifically delegates responsibility to local or state governmental entities (§ 53-5a-102(4)).

Broad Prohibition on Local Regulation: Unless specifically authorized by the Legislature by statute, a local or state governmental entity may not enact, establish, or enforce a directive pertaining to firearms, ammunition, or firearm accessories that in any way inhibits or restricts the possession, ownership, purchase, sale, transfer, transport, or use of firearms, ammunition, or firearm accessories on either public or private property (§ 53-5a-102(5)).

Private Property Rights

The preemption statute does not restrict or expand private property rights (§ 53-5a-102(6)).

Enforcement

Violations of the preemption law are subject to the Firearm Preemption Enforcement Act (Title 78B, Chapter 6, Part 23) (§ 53-5a-102(7)).

Recent Amendments

This section was amended by Chapter 173 and Chapter 208 of the 2025 General Session, with an effective date of May 7, 2025.