76-11-304. Exceptions, limitations, and exclusions to restricted person categories -- Burden on defendant to prove exception.

553 words·~3 min read·/ut/title-76/chapter-11/76-11-304

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(a)Subject to Subsection (1)(c) , an individual convicted of a felony, or adjudicated for an offense which would be a felony if committed by an adult, is not a category I restricted person, or a category II restricted person, if:

(i)the felony or adjudication has, in accordance with the law of the jurisdiction in which the conviction or adjudication occurred, been:

(A)expunged;

(B)set aside;

(C)reduced to a misdemeanor by court order; or

(D)pardoned;

(ii)the individual has had the individual's civil rights that had been limited by the conviction or adjudication restored in accordance with the law of the jurisdiction in which the conviction or adjudication occurred; or

(iii)the felony or adjudication is an offense pertaining to antitrust violations, unfair trade practices, restraint of trade, or other similar offenses relating to the regulation of business practices not involving theft or fraud.

(b)Subject to Subsection (1)(c) , an individual convicted of a misdemeanor assault under Subsection 76-11-303(13) that qualifies to make the individual a category II restricted person is otherwise not a category II restricted person, if, in accordance with the law of the jurisdiction in which the conviction occurred:

(i)the misdemeanor has been:

(A)expunged;

(B)set aside;

(C)reduced to an infraction by court order; or

(D)pardoned; or

(ii)the individual has had the individual's civil rights that had been limited by the conviction restored.

(c)An individual who has received a pardon, reduction, expungement, setting aside, or restoration of civil rights as described in Subsection (1)(a) or

(b)remains a category I or category II restricted person that corresponds with the individual's conviction if the pardon, reduction, expungement, setting aside, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

(2)An individual is not a category II restricted person resulting from a conviction for a misdemeanor assault committed against an individual involved in a dating relationship as described in Subsection 76-11-303(13)(d) if:

(a)five years have elapsed from the later of:

(i)the day on which the conviction is entered;

(ii)the day on which the individual is released from incarceration following the conviction; or

(iii)the day on which the individual's probation for the conviction is successfully terminated;

(b)the individual only has a single conviction for misdemeanor assault as described in Subsection 76-11-303(12)(d) ; and

(c)the individual is not otherwise a category I restricted person or a category II restricted person.

(a)In a criminal case brought against the defendant in which the question of whether the defendant meets an exception, limitation, or exclusion under this section arises and therefore makes the defendant not a category I or category II restricted person, the defendant has the burden to provide evidence that an exception, limitation, or exclusion described in Subsection

(1)or

(2)applies.

(b)If the defendant satisfies the defendant's burden to provide evidence described in Subsection (3)(a), the burden shifts to the state to prove beyond a reasonable doubt that the defendant's conviction or adjudication is not subject to an exception, limitation, or exclusion described in Subsection

(1)or (2).

Enacted by Chapter 208 , 2025 General Session