Laws are always changing, especially when it comes to firearms
legislation. We will do our best to provide up to date information, however
it is YOUR responsibility to make sure you know the current laws. None
of this is legal advice, nor should it be used as such.
Justification Of Force
76-2-402 Force in defense of a person
• A person must reasonably believe that force or threat of force is
necessary to defend the person or a third person against another person’s
imminent use of unlawful force
• Force used that is intended or likely to cause death or serious
bodily injury may only be used to prevent death or serious bodily injury
to himself or a third person or to prevent the commission of a forcible
felony.
• A person does not have a duty to retreat from threatened force in a
place where that person has lawfully entered or remained.
76-2-402 (4) Forcible felonies defined
- Aggravated Assault
- Murder/Aggravated Murder
- Mayhem
- Manslaughter
- Kidnapping/Aggravated Kidnapping
- Rape
- Forcible Sodomy
- Object Rape
- Rape/Object Rape of a Child
- Sexual Abuse/Aggravated Sexual Abuse of a Child
- Aggravated Sexual Assault
- Arson
- Robbery
- Burglary
- Vehicle Burglary (when occupied)
- Any other felony offense which involves the use of force
or violence against a person so as to create a substantial danger of death
or serious bodily injury
· 76-2-405
Force in defense of habitation
- A person reasonably believes force is necessary to
prevent or terminate unlawful entry into or attack on the habitation
- Force likely to cause death or serious injury is
justified only if
- The entry is made or attempted in a violent
tumultuous manner, surreptitiously, or by stealth and hereasonably believes the entry is made or attempted for the purpose of
assaulting or offering personal violence or
- He reasonably believes that the entry is made or
attempted for the purpose of committing a felony in the habitation
and the force is necessary to prevent the commission of the felony.
76-2-406 Force in defense
of property
A person is justified in using force, other than deadly
force, when he reasonably believes that force is necessary to prevent or
terminate criminal interference with real or personal property
- Lawfully in his possession; or
- Lawfully in the possession of a member of his immediate
family; or
- Belonging to a person whose property he has a legal
duty to protect.
Prohibited Areas
· 53-5-710 A person with a
CFP may not carry a firearm into the following locations:
- Any secure area in which firearms are
prohibited and notice posted (76-10-523.5)
(Courts, Law Enforcement,
Correctional & Mental Health Facilities)
- Any airport secure area (76-10-529)
- Any house of worship or private residence
where dangerous weapons are prohibited (76-10-530)
- Otherwise prohibited by State or Federal Law
(Federal Facilities, Post Offices,
etc.)
