Q: How does the change to Utah Code 76-10-5 (Firearms Restricted Persons) 7 year thing work as far as background checks go?
I see that Utah has changed the law recently where if your felony is non violent and only a single episode that you are no longer a prohibited person from owning a firearm after 7 years (Utah Code 76-10-5) . However, seeing that the felony would still be on one's record, how does it work filling out the form 4473 question 21b? Do you check no under the clause seeing that you have had your right's "restored" by the law? Are there still restrictions on carrying/using a firearm for defensive purposes? If you've had your rights restored, is applying for a UPIN number a good option to avoid potential headaches?
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A:
Under the recent changes to Utah Code 76-10-503, if your non-violent felony is from a single criminal episode and more than seven years have passed, you are no longer considered a prohibited person from owning a firearm in Utah. This means your firearm rights are effectively restored under state law. When filling out the federal Form 4473, specifically question 21b, you would likely answer "No," as your rights have been restored by state law, and you are no longer prohibited.
However, it's important to keep in mind that the felony will still be on your record. Federal background checks may still flag this, potentially causing delays or confusion. A UPIN (Unique Personal Identification Number) could help in streamlining future background checks and avoiding unnecessary delays or denials.
As for carrying or using a firearm for self-defense, you should review both state and federal laws to ensure full compliance. In Utah, once your rights are restored, you would generally not face additional restrictions, but it's best to verify with legal counsel if there are any specific conditions or additional steps needed to fully restore your ability to carry.
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