Utah law does not prohibit the possession or transfer of machine guns. Utah law only provides that no person under age 18 may possess a “fully automatic weapon,” which includes a machine gun.1 Utah also prohibits a person under 18, except as provided by federal law, from possessing a “machinegun firearm attachment” which is defined as any part or combination of parts added to a semiautomatic firearm that allows the firearm to fire as a fully automatic weapon.2
Federal law requires machine guns to be registered with the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), and generally prohibits the transfer or possession of machine guns manufactured after May 19, 1986.3 In December 2018, ATF finalized a rule to include bump stocks (devices that can be added to a semiautomatic firearm to allow it to fire as a fully automatic weapon) within the definition of a machine gun subject to this federal law.4 Although bump stocks are prohibited under federal law, they are only prohibited under Utah law for people under the age of 18.
In 2017, Utah enacted a law requiring local law enforcement agencies to destroy any certification or notification required by federal law for the transfer or manufacture of machine guns. Prior to their destruction, these certifications or notifications are not public records.5
See our Machine Guns policy summary for a comprehensive discussion of this issue.
- Utah Code Ann. § 76-10-509.4.
- Utah Code Ann. § 76-10-501(15); 76-10-509.4(2)(d).
- 18 U.S.C. § 922(o); 26 U.S.C. § 5861(d).
- Bump-Stock-Type Devices, 83 Fed. Reg. 66,514 (Dec. 26, 2018) (to be codified at 27 C.F.R. pts. 447, 478, 479).
- Utah Code Ann. §§ 53-5a-104(7), (8).