Which is the most gun friendly state? I have seen a number of Firearm Instructor’s weigh in on which US states deserve to be in the top five, or ten gun friendly states and Utah never seems to make the cut. Utah, in my opinion deserves to be in the #1 position and here is why:
Justification hearings:
Most importantly Utah passed a law in May 2021 that allows a user of force to request a justification hearing, (76-2-309) if they believe they acted in self defense and hungry prosecutors are hoping to charge a law abiding gun owner with a class A misdemeanor, or felony. It is the prosecutor’s burden to prove to a judge by clear and convincing evidence that your actions were NOT in self defense. So let’s say for example you drew your gun on an aggressor and the prosecutor wanted to charge you with Brandishing, or even worse aggravated assault, you have an opportunity to the hearing. If the prosecutor fails to meet that standard, your charges are dismissed with prejudice, (they can’t be filed later on) and the matter is considered closed. If your case involves a law enforcement officer, or is a crime of domestic violence, you would not have the right under this law to request a hearing. FLORIDA and UTAH are the only two states in the US that have this special privilege. The lawmaker that wrote the bill did so to keep prosecutors in line that may have a predisposition to go after innocent law abiding gun owners for criminal charges, especially if the case has a political motivation component to it.
Constitutional Carry: In 2021 Utah dropped the requirement to get a CCW permit to carry a concealed carry handgun in our state with some limitations, ie (no round in the chamber) unless you have a permit and allows you to open or conceal carry your gun. You can have a loaded and concealed gun in your home and vehicles without a permit.
Protection from Civil lawsuits for victims and their families of crimes: Under
Under Utah law 78B-3-110, Victims and their family members can not be sued for personal injury and property damage claims when suspects enter their property with criminal intent, OR they are otherwise a victim of a crime.
Utah has protections against Federal overreach of gun laws and rights. The Utah legislature has made things simple by giving them exclusive jurisdiction over gun laws and even prohibits cities and municipalities from making their own laws.
Utah has Stand your ground and Castle Doctrine laws.
Business gun free zones are not enforced:
Utah does not enforce gun free zones in businesses, (even if posted), unless it’s a secured facility.
No duty to inform: An armed individual who is armed does not have a duty to inform a law enforcement officer they are armed if they come into contact with one. We don’t have ammo and magazine restrictions either.
Utah is the most gun friendly state if you are a gun owner, especially if you find yourself having to use your gun in self defense, (like we need any good publicity)
Phil Snyder (Retired) Unified Police Officer of Salt Lake
Utah BCI concealed firearms instructor..
