Utah criminal charge
Selling a dangerous weapon to a category II restricted person in Utah
Selling a dangerous weapon to a category II restricted person is a criminal offense under Utah law, defined by Utah Code Ann. § 76-11-308. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-11-308.
What is the penalty for selling a dangerous weapon to a category ii restricted person in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Selling a firearm to a category II restricted person — The dangerous weapon sold, transferred, or provided is a firearm.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Selling a firearm to a category II restricted person — The dangerous weapon sold, transferred, or provided is a firearm.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | Selling a non-firearm dangerous weapon to a category II restricted person for unlawful purpose — The dangerous weapon sold, transferred, or provided is not a firearm and the actor knew the recipient intended to use it for an unlawful purpose.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Selling a non-firearm dangerous weapon to a category II restricted person for unlawful purpose — The dangerous weapon sold, transferred, or provided is not a firearm and the actor knew the recipient intended to use it for an unlawful purpose.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
Applies to current (2026 General Session).
How is selling a dangerous weapon to a category ii restricted person classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Selling a firearm to a category II restricted person | Third Degree Felony | The dangerous weapon sold, transferred, or provided is a firearm. | Utah Code Ann. § 76-11-308(3)(a) |
| Selling a non-firearm dangerous weapon to a category II restricted person for unlawful purpose | Class A Misdemeanor | The dangerous weapon sold, transferred, or provided is not a firearm and the actor knew the recipient intended to use it for an unlawful purpose. | Utah Code Ann. § 76-11-308(3)(b) |
Common questions about selling a dangerous weapon to a category ii restricted person in Utah
Is selling a dangerous weapon to a category II restricted person a felony or a misdemeanor in Utah?
It depends on the circumstances: selling a dangerous weapon to a category II restricted person ranges from a Class A Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-11-308.
Selling a firearm to a category II restricted person: Third Degree Felony (Utah Code Ann. § 76-11-308(3)(a)) · Selling a non-firearm dangerous weapon to a category II restricted person for unlawful purpose: Class A Misdemeanor (Utah Code Ann. § 76-11-308(3)(b))
What are the penalties for selling a dangerous weapon to a category II restricted person in Utah?
Penalties for selling a dangerous weapon to a category II restricted person in Utah depend on how it is classified — from a Class A Misdemeanor up to a Third Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203 and Utah Code Ann. § 76-3-204; the full table of ranges by variant is published on this page.
Which Utah statute covers selling a dangerous weapon to a category II restricted person?
Selling a dangerous weapon to a category II restricted person is governed by Utah Code Ann. § 76-11-308 (Selling a dangerous weapon to a category II restricted person).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.