Utah

Utah Law:

Permit Eligibility

Minimum requirements for application for a concealed firearms permit in Utah are:

1. Applicant must be at least 21 years of age for the standard permit; at least 18 years of age for the provisional permit
2. Proof of good character…whereas the applicant;
   • has not been convicted of a felony;
   • has not been convicted of any crime of violence;
   • has not been convicted of any offense involving the use of alcohol;
   • has not been convicted of any offenses involving the unlawful use of narcotics or other controlled substances;
   • has not been convicted of any offenses involving moral turpitude;
   • has not been convicted of any offense involving domestic violence;
   • has not been adjudicated by a court of a state or of the United States as mentally incompetent, unless the adjudication has been withdrawn or reversed
   • is qualified to purchase and possess a firearm pursuant to Section 76-10-503 and federal law

*A criminal background check is conducted for all applicants.

U.C.A. § 53-5-704

Training Requirements

All applicants must complete a firearms general familiarity course certified by BCI prior to application. BCI must receive your application within one year from the course or the training will need to be repeated. General familiarity includes training in the following:

1. The safe loading, unloading, storage, and carrying of the types of firearms to be concealed; and
2. Current laws defining lawful self-defense, use of force by private citizens, including use of deadly force, transportation, and concealment.

All instruction for a Utah Concealed Firearm Permit shall be in person and not through electronic means.

U.C.A. § 53-5-704 (8) (a) i and ii

Provisional Permit

The bureau shall issue a provisional permit to carry a concealed firearm for lawful self-defense to an applicant who is 18 years of age, but is no older than 20 years of age, within 60 days after receiving an application.

The provisional permit is valid throughout the state until the applicant reaches the age of 21.

U.C.A. § 53-5-704.5 (1)

Within 90 days before the day on which a provisional permit holder reaches 21 years old, the provisional permit holder may apply under this section for a permit to carry a concealed firearm for lawful self defense.

The bureau shall issue a permit for an applicant under Subsection (1)(b)(i) within 60 days after receiving an application.

A permit issued under this Subsection (1)(b):

1. is not valid until an applicant is 21 years old; and
2. requires a $10 application fee.

53-5-704 (1) (b)

In 2021, the Utah legislature passed H.B. 60, which makes Utah a permitless-carry state. The bill was signed by Governor Cox and took effect 5/5/21. It removes the requirement for anyone over the age of 21 (Utah resident or nonresident) to obtain a concealed firearm permit in order to carry a concealed, loaded, firearm on his or her person on a “public street” (i.e. on public property).It exempts someone over the age of 21 from the following two laws:

• 76-10-504(1) and (2): this law normally makes it a class A misdemeanor to carry any concealed firearm (loaded or unloaded) in any place other than the person’s residence, property, a vehicle in the person’s lawful possession, or a vehicle, with the consent of the individual who is lawfully in possession of the vehicle, or business under the person’s control. Under the new law, you can now carry a concealed firearm in places other than those listed above (such as public areas).
• 76-10-505(1)(b): This law used to make it illegal to carry a concealed firearm (loaded or unloaded) on a public street. In legal speak, “public street” generally means any public property (i.e. public park, sidewalk, public building, etc.). Under the new law anyone over the age of 21 is now allowed to carry a concealed loaded firearm on a “public street”.

What the law doesn’t do:

• It does NOT eliminate concealed firearm permits. They will still be issued.
• It does NOT apply to anyone under the age of 21.
• It does NOT allow someone to carry out of the state of Utah without a permit.
• It does NOT allow someone to carry to a K-12 school without a permit.
• It does NOT exempt you from regulations against carrying a loaded firearm while hunting.
• It does NOT exempt you from the background check & fee when purchasing a firearm.

Concealed Carry Firearms Amendments H.B. 60

Utah's Preemption Law:

1. As used in this section:
   1. "Directive" means the same as that term is defined in Section 78B-6-2301.
   2. "Firearm" means the same as that term is defined in Section 53-5a-102.
   3. "Local or state governmental entity" means the same as that term is defined in Section 78B-6-2301.
2. The individual right to keep and bear arms being a constitutionally protected right under Article I, Section 6, of the Utah Constitution and the Second Amendment to the United States Constitution, the Legislature finds the need to provide uniform civil and criminal laws throughout the state and declares that the Legislature occupies the whole field of state regulation of firearms.
3. Except as specifically provided by state law, a local or state governmental entity may not:
   1. prohibit an individual from owning, possessing, purchasing, selling, transferring, transporting, or keeping any firearm at the individual's place of residence, property, business, or in any vehicle lawfully in the individual's possession or lawfully under the individual's control; or
   2. require an individual to have a permit or license to purchase, own, possess, transport, or keep a firearm.
4. This part is uniformly applicable throughout this state and in all the state's political subdivisions.
5. Authority to regulate firearms is reserved to the state except where the Legislature specifically delegates responsibility to local or state governmental entities.
6. Unless specifically authorized by the Legislature by statute, a local or state governmental entity may not enact or enforce a directive pertaining to firearms that in any way inhibits or restricts the possession, ownership, purchase, sale, transfer, transport, or use of firearms on either public or private property.
7. This part does not restrict or expand private property rights.
8. A violation of this section is subject to Title 78B, Chapter 6, Part 23, Firearm Preemption Enforcement Act.

U.C.A. § 76-10-500

Utah Law:

1. As used in this section:
   1. "Governmental entity" means the state and the state's political subdivisions.
   2. "Law enforcement agency" means the same as that term is defined in Section 53-1-102.
   3. "Personally identifiable information" means the same as that term is defined in Section 63D-2-102.
2. Subject to Subsections (3) and (4), the bureau shall create an online process that allows an individual who is selling or purchasing a firearm to voluntarily determine:
   1. if the other individual involved in the sale of the firearm has a valid concealed carry permit; or
   2. based on the serial number of the firearm, if the firearm is reported as stolen.
3. Subsection (2) does not apply to a federal firearms licensee or dealer.
4. The bureau may not:
   1. provide information related to a request under Subsection (2) to a law enforcement agency; or
   2. collect a user's personally identifiable information under Subsection (2).
5. A governmental entity may not require an individual who is selling or purchasing a firearm to use the process under Subsection (2).
6. If an individual uses the process under Subsection (2), the individual is not required, based on the information the individual receives from the bureau, to make a report to a law enforcement agency.
7. After responding to a request under Subsection (2), the bureau shall immediately dispose of all information related to the request.
   1. This section does not create a civil cause of action arising from the sale or purchase of a firearm under this section.
   2. An individual's failure to use the process under Subsection (2) is not evidence of the individual's negligence in a civil cause of action.

U.C.A. § 76-10-526.1

Utah has no laws restricting the ammunition capacity of magazines.

Places Where Firearms Are Prohibited Under Utah Law:

• A house of worship, if the house of worship, 1: gives personal communication that firearms are prohibited, or 2: posts signs reasonably likely to come to the attention of persons entering the house of worship, or 3: publishing the weapons policy in a bulletin, newsletter, worship program, or similar document, or 4: formally registering as off limits to firearms with the State of Utah)(§76-10-530)
• A private residence if notice is given by 1: personal communication that firearms are prohibited, or 2: posting of signs reasonably likely to come to the attention of persons entering the residence. (Utah Code Ann. § 76-10-530)
• Secure areas of mental health facilities (Utah Code Ann. §76-8-311.1d)
• Secure areas of prison, correctional, or jail facilities (Utah Code Ann. §76-8-311.1(c), see special note for definition of "secure area")
• Courthouses: Unless authorized by the rules of judicial administration, any person who knowingly or intentionally possesses a firearm, ammunition, or dangerous weapon within a secure area established by the judicial council under this section is guilty of a third degree felony. (Utah Code Ann. § 78A-2-203; Rules of Judicial Administration 3-414.)
• Within a homeless shelter (not including the grounds) if prohibited by a local or state governmental entity and 1) readily visible signage is posted at all public entrances, 2) they provide a means of detecting a firearm at all public entrances to the homeless shelter, and 3) they provide secure storage for a firearm while an individual is inside the homeless shelter. 
  • "Homeless shelter" means a permanent or temporary facility operated or owned by a local or state governmental entity that provides temporary shelter to homeless individuals and has the capacity to provide temporary shelter to at least 10 individuals per night.

Utah Code Ann. § 53-5-103.5

In Utah, a person who is not prohibited from possessing a firearm may carry it openly with or without a permit. However, the prohibited areas previously discussed still apply.

What about private businesses? Can they post signs prohibiting someone from carrying a gun into their business even though the person has a concealed firearm permit?

Naturally, private property owners may apply whatever restrictions they want. Whether or not these restrictions violate one’s constitutional rights is for the civil courts to decide. But the only statutory restrictions on a permit holder are secured areas such as airports and federal buildings. (source).

The only exception to the above, is related to houses of worship and private residences. If a house of worship or private residence in Utah has a sign posted prohibiting firearms, that sign would satisfy the legal requirement of "notice" under Utah Code Ann. § 76-10-530, which states that the "posting of signs reasonably likely to come to the attention of persons entering the house of worship or private residence" can legally prohibit the possession of firearms. Violation of a sign posted at a house of worship or private residence is an infraction.

Utah Code Ann. § 76-10-530

Utah Law:
Carrying a dangerous weapon while under influence of alcohol or drugs unlawful.

1. It is a class B misdemeanor for an actor to carry a dangerous weapon while under the influence of:
   1. alcohol as determined by the actor's blood or breath alcohol concentration in accordance with Subsections 41-6a-502(1)(a) through (c); or
   2. a controlled substance as defined in Section 58-37-2.
2. This section does not apply to:
   1. an actor carrying a dangerous weapon that is either securely encased, as defined in this part, or not within such close proximity and in such a manner that it can be retrieved and used as readily as if carried on the person;
   2. an actor who uses or threatens to use force in compliance with Section 76-2-402;
   3. an actor carrying a dangerous weapon in the actor's residence or the residence of another with the consent of the individual who is lawfully in possession;
   4. an actor under the influence of cannabis or a cannabis product, as those terms are defined in Section 26-61a-102, if the actor's use of the cannabis or cannabis product complies with Title 26, Chapter 61a, Utah Medical Cannabis Act; or
   5. an actor who:
      1. has a valid prescription for a medication approved by the federal Food and Drug Administration for the treatment of attention deficit disorder or attention deficit hyperactivity disorder; and
      2. takes the medication described in Subsection (2)(e)(i) as prescribed.
      3. It is not a defense to prosecution under this section that the actor:
         1. is licensed in the pursuit of wildlife of any kind; or
         2. has a valid permit to carry a concealed firearm.

U.C.A. § 76-10-528

Protection of certain activities – Firearms

1. Except as provided in Subsection (2), a person may not establish, maintain, or enforce any policy or rule that has the effect of:
   1. prohibiting any individual from transporting or storing a firearm in a motor vehicle on any property designated for motor vehicle parking, if:
      1. the individual is legally permitted to transport, possess, purchase, receive, transfer, or store the firearm;
      2. the firearm is locked securely in the motor vehicle or in a locked container attached to the motor vehicle while the motor vehicle is not occupied; and
      3. the firearm is not in plain view from the outside of the motor vehicle
2. A person may establish, maintain, or enforce a policy or rule that has the effect of placing limitations on or prohibiting an individual from transporting or storing a firearm in a motor vehicle on property the person has designated for motor vehicle parking if:
   1. the person provides, or there is otherwise available, one of the following, in a location reasonably proximate to the property the person has designated for motor vehicle parking:
      1. alternative parking for an individual who desires to transport, possess, receive, transfer, or store a firearm in the individual's motor vehicle that:
         1. imposes no additional cost on the individual; and
         2. is in a location that is legal and safe for parking; or
      2. a secured and monitored storage location where the individual may securely store a firearm before proceeding with the vehicle into the secured parking area

U.C.A. § 34-45-103

Utah does not have any laws specifically related to how firearms must be stored. 

During a police encounter in Utah, a person does not have a duty to inform an officer of a firearm or a Concealed Firearm Permit. However, permit holders should follow these guidelines while interacting with police:

1. Keep your hands visible at all times.
2. Comply fully with all instructions given by the officer.
3. If you are asked if you have a firearm in your presence, it is recommended that you be completely truthful and cooperative.
4. If asked, please advise the officer of the location of the firearm.
5. Do not reach for your firearm/weapons or anything else unless instructed to do so.

Utah does not have Emergency Risk Orders ("Red Flag Laws).

Force in Defense of Person - Forcible Felony Defined

As used in this section:
"Forcible felony" means aggravated assault, mayhem, aggravated murder, murder, manslaughter, kidnapping and aggravated kidnapping, rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse of a child, and aggravated sexual assault as defined in Chapter 5, Offenses Against the Individual, and arson, robbery, and burglary as defined in Chapter 6,

Offenses Against Property.
"Forcible felony" includes any other felony offense that involves the use of force or violence against an individual that poses a substantial danger of death or serious bodily injury.
"Forcible felony" does not include burglary of a vehicle, as defined in Section 76-6-204, unless the vehicle is occupied at the time unlawful entry is made or attempted.
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An individual is justified in threatening or using force against another individual when and to the extent that the individual reasonably believes that force or a threat of force is necessary to defend the individual or another individual against the imminent use of unlawful force.
An individual is justified in using force intended or likely to cause death or serious bodily injury only if the individual reasonably believes that force is necessary to prevent death or serious bodily injury to the individual or another individual as a result of imminent use of unlawful force, or to prevent the commission of a forcible felony.

U.C.A. § 76-2-402

Deadly force in defense of persons on real property.

A person is justified in using force intended or likely to cause death or serious bodily injury against another in his defense of persons on real property other than his habitation if:

• he is in lawful possession of the real property;
• he reasonably believes that the force is necessary to prevent or terminate the other person's trespass onto the real property;
• the trespass is made or attempted by use of force or in a violent and tumultuous manner; and
• the person reasonably believes that the trespass is attempted or made for the purpose of committing violence against any person on the real property and he reasonably believes that the force is necessary to prevent personal violence; or
• the person reasonably believes that the trespass is made or attempted for the purpose of committing a forcible felony as defined in Section 76-2-402 that poses imminent peril of death or serious bodily injury to a person on the real property and that the force is necessary to prevent the commission of that forcible felony.

The person using deadly force in defense of persons on real property under Subsection (1) is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the trespass or attempted trespass is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or for the purpose of committing a forcible felony.

U.C.A. § 76-2-407

Determining Reasonableness

In determining imminence or reasonableness under Subsection (2), the trier of fact may consider:

• the nature of the danger;
• the immediacy of the danger;
• the probability that the unlawful force would result in death or serious bodily injury;
• the other individual's prior violent acts or violent propensities;
• any patterns of abuse or violence in the parties' relationship; and
• any other relevant factors.

U.C.A. § 76-2-402 (5)

Assault -- Penalties.

Assault is:

• an attempt, with unlawful force or violence, to do bodily injury to another; or
• an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another.
• Assault is a class B misdemeanor.

Assault is a class A misdemeanor if:

• the person causes substantial bodily injury to another; or
• the victim is pregnant and the person has knowledge of the pregnancy.

It is not a defense against assault, that the accused caused serious bodily injury to another.

U.C.A. § 76-5-102

Aggravated assault -- Penalties.

Aggravated assault is an actor's conduct:
that is:

• an attempt, with unlawful force or violence, to do bodily injury to another;
• a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or
• an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and that includes the use of:
  • a dangerous weapon as defined in Section 76-1-601; or
  • other means or force likely to produce death or serious bodily injury.

    A violation of Subsection (1) is a third-degree felony, except under Subsection (2)(b).
    A violation of Subsection (1) that results in serious bodily injury is a second degree felony.

U.C.A. § 76-5-103

Threat of violence -- Penalty.

A person commits a threat of violence if:

• the person threatens to commit any offense involving bodily injury, death, or substantial property damage, and acts with intent to place a person in fear of imminent serious bodily injury, substantial bodily injury, or death; or
• the person makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to another.
• A violation of this section is a class B misdemeanor.

It is not a defense under this section that the person did not attempt to or was incapable of carrying out the threat.

• A threat under this section may be express or implied.
• A person who commits an offense under this section is subject to punishment for that offense, in addition to any other offense committed, including the carrying out of the threatened act.
• In addition to any other penalty authorized by law, a court shall order any person convicted of any violation of this section to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity for all expenses and losses incurred in responding to the violation, unless the court states on the record the reasons why the reimbursement would be inappropriate.

U.C.A. § 76-5-107

Disorderly Conduct

As used in this section:
"Official meeting" means:

• a meeting, as defined in Section 52-4-103;
• a meeting of the Legislature, the Utah Senate, the Utah House of Representatives, a legislative caucus, or any committee, task force, working group, or other organization in the state legislative branch; or
• a meeting of an entity created by the Utah Constitution, Utah Code, Utah administrative rule, legislative rule, or a written rule or policy of the Legislative Management Committee.

"Public place" means a place to which the public or a substantial group of the public has access, including:

• streets or highways; and
• the common areas of schools, hospitals, apartment houses, office buildings, public buildings, public facilities, transport facilities, and shops.

An individual is guilty of disorderly conduct if:

the individual refuses to comply with the lawful order of a law enforcement officer to move from a public place or an official meeting, or knowingly creates a hazardous or physically offensive condition, by any act that serves no legitimate purpose; or
intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk of public inconvenience, annoyance, or alarm, the person:

• engages in fighting or in violent, tumultuous, or threatening behavior;
• makes unreasonable noises in a public place or an official meeting;
• makes unreasonable noises in a private place which can be heard in a public place or an official meeting; or
• obstructs vehicular or pedestrian traffic in a public place or an official meeting.

The mere carrying or possession of a holstered or encased firearm, whether visible or concealed, without additional behavior or circumstances that would cause a reasonable person to believe the holstered or encased firearm was carried or possessed with criminal intent, does not constitute a violation of this section. Nothing in this Subsection (3) may limit or prohibit a law enforcement officer from approaching or engaging any person in a voluntary conversation.

U.C.A. § 76-9-102

Utah does not have a law specific to the defense of others, but does allow for the defense of a third person in its defense-of-person law.

1. A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:
   1. the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or
   2. he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony.
2. The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.

U.C.A. § 76-2-405

1. A person is justified in using force, other than deadly force, against another when and to the extent that the person reasonably believes that force is necessary to prevent or terminate another person's criminal interference with real property or personal property:
   1. lawfully in the person's possession;
   2. lawfully in the possession of a member of the person's immediate family; or
   3. belonging to a person whose property the person has a legal duty to protect.
2. In determining reasonableness under Subsection (1), the trier of fact shall, in addition to any other factors, consider the following factors:
   1. the apparent or perceived extent of the damage to the property;
   2. property damage previously caused by the other person;
   3. threats of personal injury or damage to property that have been made previously by the other person; and
   4. any patterns of abuse or violence between the person and the other person.

U.C.A. § 76-2-406

Utah does not have any laws specifically related to self-defense immunity.

Except as provided in Subsection (3)(a)(iii):

1. an individual does not have a duty to retreat from the force or threatened force described in Subsection (2) in a place where that individual has lawfully entered or remained; and
2. the failure of an individual to retreat under the provisions of Subsection (4)(a) is not a relevant factor in determining whether the individual who used or threatened force acted reasonably.

U.C.A. § 76-2-402 (4)

An individual is not justified in using force under the circumstances specified in Subsection (2) if the individual:

1. initially provokes the use of force against another individual with the intent to use force as an excuse to inflict bodily harm upon the other individual;
2. is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony , unless the use of force is a reasonable response to factors unrelated to the commission, attempted commission, or fleeing after the commission of that felony ; or
3. was the aggressor or was engaged in a combat by agreement, unless the individual withdraws from the encounter and effectively communicates to the other individual the intent to withdraw from the encounter and, notwithstanding, the other individual continues or threatens to continue the use of unlawful force.

For purposes of Subsection (3)(a)(iii) the following do not, alone, constitute "combat by agreement":

1. voluntarily entering into or remaining in an ongoing relationship; or
2. entering or remaining in a place where one has a legal right to be.

U.C.A. § 76-2-402 (3)

Utah has no statutes or cases specifically allowing you to defend yourself against dogs. However, you may rely upon the general defense of necessity when using force or deadly force against an attacking domestic animal.

Additionally, Utah Code Annotated Section 18-1-3 provides a statutory justification for defending your domestic animals from dogs. You may injure or kill a dog if it is attacking, chasing, or worrying:

• a domestic animal having commercial value;
• a service animal;
• any species of hoofed protected wildlife; or
• domestic fowl (attacking only).

Rule R657-63-3 of the Utah Administrative Code provides a justification for killing or seriously injuring a threatening wild animal when you reasonably believe it is necessary to protect yourself, another person, or a domestic animal against an imminent attack by the wild animal that will likely result in severe bodily injury or death. This does not apply if the person intentionally, knowingly, or recklessly provokes or attracts the wild animal into a situation in which it is probable it will threaten you, another person, or a domestic animal.

Discharge of Firearm on Private Party - Liability

1. Except as provided under Subsection (2), a private property owner, who knowingly allows a person who has a permit to carry a concealed firearm under Section 53-5-704 to bring the firearm onto the owner’s property, is not civilly or criminally liable for any damage or harm resulting from the discharge of the firearm by the permit holder while on the owner's property.
2. Subsection (1) does not apply if the property owner solicits, requests, commands, encourages, or intentionally aids the concealed firearm permit holder in discharging the firearm while on the owner’s property.

U.C.A. § 53-5a-103

Possession of dangerous weapon by minor.

1. A minor under 18 years of age may not possess a dangerous weapon unless he:
   1. has the permission of his parent or guardian to have the weapon; or
   2. is accompanied by a parent or guardian while he has the weapon in his possession.
2. Any minor under 14 years of age in possession of a dangerous weapon shall be accompanied by a responsible adult.
3. Any person who violates this section is guilty of:
   1. a class B misdemeanor upon the first offense; and
   2. a class A misdemeanor for each subsequent offense.

U.C.A. § 76-10-509

Prohibition of possession of certain weapons by minors.

1. A minor under 18 years of age may not possess a handgun.
2. Except as provided by federal law, a minor under 18 years of age may not possess the following:
   1. a short-barreled rifle or short barreled shotgun; or
   2. a fully automatic weapon.
3. 3.Any person who violates Subsection (1) is guilty of:
   1. a class B misdemeanor upon the first offense; and
   2. a class A misdemeanor for each subsequent offense.
4. Any person who violates Subsection (2) is guilty of a third-degree felony.

U.C.A. § 76-10-509

Prohibition of restrictions on and confiscation of a firearm or ammunition during an emergency.

During a declared state of emergency or local emergency under this part:

1. neither the governor nor an agency of a governmental entity or political subdivision of the state may impose restrictions, which were not in force before the declared state of emergency, on the lawful possession, transfer, sale, transport, storage, display, or use of a firearm or ammunition; and
2. an individual, while acting or purporting to act on behalf of the state or a political subdivision of the state, may not confiscate a privately-owned firearm of another individual.

A law enforcement officer is not subject to disciplinary action for refusing to confiscate a firearm under this section if:

1. ordered or directed to do so by a superior officer; and
2. by obeying the order or direction, the law enforcement officer would be committing a violation of this section.

U.C.A. § 53-2a-214

Pretrial Justification Hearing

1. Upon motion of the defendant filed in accordance with Rule 12 of the Utah Rules of Criminal Procedure, the court shall hear evidence on the issue of justification under this section and shall determine as a matter of fact and law whether the defendant was justified in the use or threatened use of force.
2. At the pretrial justification hearing, after the defendant makes a prima facie claim of justification, the state has the burden to prove by clear and convincing evidence that the defendant's use or threatened use of force was not justified.
3. -
   1. If the court determines that the state has not met the state's burden described in Subsection (3)(b), the court shall dismiss the charge with prejudice.
   2. The state may appeal a court's order dismissing a charge under Subsection (3)(c)(i) in accordance with Section 77-18a-1.
   3. If a court determines after the pretrial justification hearing that the state has met the state's burden described in Subsection (3)(b), the issue of justification may be raised by the defendant to the jury at trial and, if raised by the defendant, the state shall have the burden to prove beyond a reasonable doubt that the defendant's use or threatened use of force was not justified.
   4. At trial, a court's determination that the state met the state's burden under Subsection (3)(c)(iii) is not admissible and may not be referenced by the prosecution.

U.C.A. § 76-2-309 (3)