Quick Legal Facts
Dangerous weapons are prohibited from school grounds and from public or private elementary, through public or private institutions of higher education
The Constitution of the State of Utah recognizes the right of an individual to keep and bear arms for security and defense of self, family and others. It does provide that the legislature shall have some rule in defining the lawful use of arms.
The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the Legislature from defining the lawful use of arms. U.C.A. 1953, Const Art 1, §6
The Utah state statutes regarding knives and edged knives, edged tools and edged arms may be found at Title 76 of the Utah Criminal Code.
There are no knives which are forbidden or prohibited under Utah law.
No applicable laws.
Utah law prohibits the carrying of a “concealed dangerous weapon.”
(1) Except as provided in Section 76-10-503 and in Subsections (2), (3), and (4), a person who carries a concealed dangerous weapon, as defined in Section 76-10-501, including an unloaded firearm on his or her person or one that is readily accessible for immediate use which is not securely encased, as defined in this part, in or on a place other than the person’s residence, property, a vehicle in the person’s lawful possession, or a vehicle, with the possession of the vehicle, or business under the person’s control is guilty of a class B misdemeanor. § 76-10-504(1)
“Concealed dangerous weapon” is a statutorily defined term.
(3)(a) ‘Concealed dangerous weapon’ means a dangerous weapon that is: (i) covered, hidden, or secreted in a manner that the public would not be aware of its presence; and ii) readily accessible for immediate use. § 76-10-501(3)(a)
There is also a definition for “dangerous weapon.”
(6)(a) ‘Dangerous weapon’ means an item that in the manner of its use or intended use is capable of causing death or serious bodily injury. ( b) The following factors shall be used in determining whether a knife, or another item, object, or thing not commonly known as a dangerous weapon is a dangerous weapon: ( i) the character of the instrument, object, or thing; ( ii) the character of the wound produced, if any; ( iii) the manner in which the instrument, object, or thing was used; and (iv) the other lawful purposes for which the instrument, object, or thing may be used. § 76-10-501(6)(a) and (b)
Utah’s Dangerous Weapon statute has been hotly contested. In a recent possession case, the state Supreme Court reversed the court of appeals regarding the definition of a dangerous weapon. The Utah Supreme Court held, despite the lower court’s ruling, that first, the statute does not make a knife a per se dangerous weapon, and second, a knife only constitutes a dangerous weapon when its use or intended use indicates that it is a weapon. The statute’s six-part test applies most clearly when a knife was used or intended to be used. Mere threats, without more, are not enough to make an unbrandished knife into a dangerous weapon. Furthermore, speed and convenience features, like serrations, one-handed deployment, and large blades (3.5 inches) do not necessarily make a knife a dangerous weapon.
Yes. § 53-5-a-102, § 17-50-332, and § 10-8-47.5
Dangerous weapons are prohibited from school grounds and from public or private elementary, through public or private institutions of higher education (K through post-graduate). § 76-10-505.5.
Salt Lake City v Miles
2014 UT 47 (2014)
A knife is not ALWAYS a dangerous weapon under Utah law, courts must analyze how it was used or intended to be used.