Brandishing Weapon and Self Defense
The use of a dangerous weapon such as a gun for the purpose of self defense is a valid use of such a weapon. So long as you are acting in self defense, Utah law also permits brandishing weapon in order to ward off a threat of the use of unlawful force. You can also tell someone that you have in your possession a dangerous weapon in order to prevent what you perceive to be the unlawful use of force.
Absent Self Defense, Brandishing Weapon is Prohibited
If you have a gun in your possession or on your person and you are not acting in self defense, Utah law does not permit you to brandish or draw your gun in an angry and threatening manner. Utah law also prohibits you from using a gun in quarrel or fight, unless of course you are acting in self-defense. Basically, don’t go around pulling out your gun in order scare or intimidate someone else. The simple drawing of your gun in an illegal manner is a gun crime in Utah and can result in up to a year in jail.
Fortunately, the mere possession of a dangerous weapon is not in and of itself a crime. The possession of a gun must be accompanied by some type of threatening action, not made in self-defense, in order to constitute a crime in Utah.
Liberal Gun Laws
Utah has very liberal gun laws compared to many other states in the Union, but the way you carry and act while in possession of a firearm can still lead to criminal penalties. If you have been charged with illegally brandishing your gun, contact the Salt Lake City criminal defense attorneys at Utah Defenders to get an experienced attorney on your side today.
Call or Email
You can call or email anytime to talk to one of our criminal defense lawyers and schedule a free consultation about your brandishing weapon charges. 801.618.1334.