How To Guide
Utah Gun Laws
Utah has very favorable gun laws compared to most states in the nation. The Utah state
constitution provides the right to bear arms for its citizens. There are very few firearm
restrictions in the state and it is very simple to lawfully purchase and take possession of firearms
for Utah residents. (Thanks to the state’s “shall issue” policy, it’s also very simple to obtain a
concealed carry license.)
Despite the relative simplicity of buying guns in Utah, there are still a few steps that must be
followed during the transaction. Fortunately, as guys who love buying and shooting some really
cool stuff, we know all the ins-and-outs for every type of purchase.
In this guide, we’ll cover what you need to know in order to make your next firearm purchase as
simple as possible.
This guide contains the need-to-knows about purchasing firearms and accessories.
Obtaining a concealed carry license in Utah is also a very simple process, as the state maintains a
“shall issue” policy.
Firearm Purchase (In Store)
Any individual who is physically present in our store and purchasing a pistol or rifle, must have a
one form of valid government-issued photo identification with a current address and complete
the ATF Form 4473 Firearms Transaction Record.
The individual must then complete and pass the Bureau of Criminal Identification (“BCI”)
background check. This entire process typically takes about 10-15 minutes.
If your government-issued photo identification does not contain your current address, you must
provide proof of address using other government issued identification or documents. Acceptable
documents include:
- A city utility bill (but not from a private company like Rocky Mountain Power)
- A current hunting or fishing license
- Utah Concealed Firearm Permits
- A temporary Utah paper driver’s license
All individuals purchasing a rifle, must be over the age of 18, while all individuals purchasing a
pistol, must be over the age of 21.
Utah concealed handgun license holders are exempt from the BCI background check
requirement.
Out of state residents may purchase a rifle while being physically located in our store with one
important caveat: the out of state resident must adhere to their local state firearm laws when
transporting the firearm into their home state. The purchase of a pistol by an out-of-state resident
is prohibited.
It is a felony for a prohibited person to attempt to purchase a firearm. We reserve the right not to sell a firearm or conduct business with anyone we feel is attempting to perform a Straw Purchase. See (https://www.atf.gov/firearms/dont-lie-other-guy for more information.)
Firearm Purchase (Online)
Firearms purchased online must be shipped to a licensed gun dealer (aka Federal Firearm Licensee – “FFL”) in the state you reside so that they can complete your background check. Here is how that process works when you buy online from Modern Warriors:
- Identify the firearm to purchase from our online store and add the item to your shopping cart and checkout.
- During checkout, you will be asked to identify the FFL who will be receiving your firearm. Enter this information, including the FFL name, address, and license number.
- Once the checkout process has been completed, we ship the firearm to the selected FFL and provide you with the tracking information.
- Upon receipt of the firearm, the receiving FFL will notify you to come into their store and complete the background check. You will then be allowed to take possession of the firearm after you have completed and passed the background check.
Suppressor and SBR Purchase (In Store)
Suppressors and Short Barreled Rifles (“SBR”) are regulated by the National Firearm Act of
1934, (“NFA”). This is why suppressors or SBRs may sometimes be referred to as “NFA
items”.
Unlike rifles and pistols, the serial numbers of all NFA items are specifically registered with the
ATF to one single individual or one single legal entity (i.e. a company, a partnership or a trust).
There are advantages and disadvantages to each type – read NFA Trusts on this page to see
which decision is right for you.
As you can imagine, purchasing NFA items is a little more complicated than a simple rifle or
pistol purchase. However, don’t be nervous we will walk you through the entire process if
needed:
- You must submit ATF Form 4: Application for Tax Paid Transfer and Registration of Firearm
- You must also submit your fingerprints and passport photo
- If you are using a gun Trust, you must submit a copy of your trust document
Fortunately, Modern Warriors will guide you through this entire process. We have helped thousands of Utahns purchase NFA items. So we know how to make this simple. When you buy through Modern Warriors, we will:
- Complete your ATF Form 4
- Take your fingerprints and passport photos
- Complete your Gun Trust (if needed)
Once we receive your approved Form 4, your purchase becomes just like a normal firearm purchase. We will call you to come pick up your NFA item and complete the ATF Form 4473. You will also be required to pass a background check by BCI. Note that in NFA Item sales, all the same BCI background check rules apply as in Firearm Purchases.
Suppressor/SBR Purchase (Online)
Purchasing a suppressor or SBR online is very similar to purchasing a firearm online. All suppressor and SBR
purchases are transferred to a Class III FFL in the state you reside. Simply find the item you want to purchase from
our online store, add it to your cart and checkout. During the check-out process, you will be prompted to
select a local gun dealer for whom the item will be transferred.
Note that not all FFL dealers are licensed to complete suppressor and/or SBR transfers. In order
to complete your NFA purchase, your FFL dealer must have an additional license called a SOT
(“Special Occupational Taxpayer”) license to transfer suppressors. Those dealers that hold a
SOT license are referred to as Class III Dealers. When selecting a local dealer to complete your
NFA transfer, make sure they are also a Class III Dealer.
Once the suppressor or SBR has been received by your local FFL, they will assist you in completing
the ATF transfer paperwork (ATF Form 4) to transfer the suppressor or SBR from the local FFL dealer
to you or your gun trust. Your $200 application fee (Tax Stamp) will be sent in to the ATF with
your Form 4. Your local FFL dealer will hold your suppressor or SBR until your approval paperwork
is returned from the ATF.
NFA TRUSTS
As explained above, all suppressors must be registered to a single individual or a legal entity
such as a corporation, partnership or trust. Thanks to NFA trusts, you can easily set up a legal
entity to own, manage, and eventually dispose of NFA items.
Normally, a trust is used to manage someone’s estate or property, such as an inheritance. A
revocable living trust is created during an individual’s lifetime (the “Grantor”) and designed to
allow for another individual (the “Successor Trustee”). This makes it easy to manage assets and
easily transfer the Grantor’s assets upon death.
An NFA Trust is different because it provides direction to the Successor Trustee on how to
manage and dispose of items regulated by the NFA (such as suppressors and/or SBRs). The
verbiage of a NFA Trust is different from a normal trust in that it is designed to provide direction
to the Successor Trustee on how to manage and dispose of the NFA items since their transfer and
use are regulated by the NFA. This gives the buyer certain advantages they would miss out on by
purchasing as an individual.
This chart shows the advantages and disadvantages of owning a NFA Item in a NFA Trust versus
owning as an individual:
| Details | Ownership in a NFA Trust | Ownership as an Individual |
|---|---|---|
| Cost of Ownership | One time fee of $149 to create the Trust documents. | No fee associated with this type of ownership. |
| Co-Ownership | Unlimited individuals are allowed to be listed as CoTrustees in the Trust documents and allowed to possess, manage and use the NFA Item. | Only the individual whose name is registered to the NFA Item can possess, manage and use the NFA Item. |
| Transfer of Ownership | Upon the death of the Grantor, the NFA Item can be managed and operated while remaining in the trust or it can be easily transferred to the Beneficiaries of the Trust or disposed to other parties. | Transferring the NFA Item from a deceased estate can be very challenging for the Executor of the Estate and oftentimes done incorrectly. |
| Liability | A NFA Trust provides the ability to use the NFA Item without creating any liability to the beneficiaries. | Only the individual whose name is registered to the NFA Item can possess, manage and use the NFA Item. |
| Transfer upon Death | The NFA Items may be kept in the NFA Trust even after the death of the Grantor and used by the beneficiaries for an unlimited amount of time at no additional cost. | The NFA item must be immediately transferred to another entity upon the death of the individual. This transfer contains a fee of $200. |
Questions?
We know this information can be a lot to take in all at once. We have expertise working with licensed professionals in setting up NFA Trusts and helping fellow supporters of the 2nd Amendment buy and shoot really cool stuff. We also offer a service where we will get started on your personalized Gun Trust. Click here to learn more.
