Does Utah Have the Death Penalty? 2025 Firing Squad Facts

When you hear about executions in the United States, Utah often comes with an extra twist: capital punishment is legal there, but the state’s unusual backup method—the firing squad—keeps drawing national attention. As of 2025, Utah remains one of the few states where a convicted inmate could face a volley of bullets, a prospect that raises historical, legal, and ethical questions many other states have left behind.

Death penalty legal? Yes ·
Execution method Lethal injection (primary); firing squad (alternative) ·
Last execution 2010 ·
States with death penalty 27 ·
States without 23

Six key facts capture the essentials of Utah’s death penalty system.

Does Utah still use the death penalty?

Is lethal injection the primary method?

Yes. Utah Code §77-18-113 designates lethal intravenous injection as the default method for anyone sentenced to death on or after May 3, 2004 (Utah Legislature official statute). The state has used lethal injection for all executions since that law took effect.

Is the firing squad still an option?

It remains a legal alternative under three specific conditions: if a court holds that the inmate has a right to death by firing squad, if lethal injection is ruled unconstitutional, or if the state cannot lawfully obtain lethal injection drugs at least 30 days before the warrant date (Utah Code §77-18-113). No executions have been carried out since 2010 (Death Penalty Information Center).

The implication: Utah keeps the firing squad alive as a constitutional safety valve, but its use hinges on drug availability and court rulings.

When was the last death penalty case in Utah?

What was the last execution?

The last execution in Utah was Ronnie Lee Gardner on June 18, 2010. Gardner was executed by firing squad after volunteering for that method (Death Penalty Information Center). Convicted of murdering an attorney during a courthouse escape attempt, he was the last person executed in Utah. His death marked the third firing squad execution in the state since 1976, following Gary Gilmore (1977) and John Albert Taylor (1996) (Wikipedia – Capital punishment in Utah).

The pattern: Since 2010, Utah has not executed anyone, but six men remain on death row and state law still permits capital punishment.

Why does Utah have a firing squad?

What is the history of firing squad in Utah?

Utah’s use of the firing squad dates back to its territorial days. After the national moratorium on executions ended in 1976, Utah was the first state to resume executions, and it did so by firing squad for Gary Gilmore in 1977 (Associated Press historical report). The method was the primary means of execution until 2004, when the legislature switched to lethal injection.

How many executions by firing squad have occurred?

According to the Associated Press, only three U.S. executions by firing squad have occurred after 1977 before the 2025 South Carolina execution—all of them in Utah (Gary Gilmore, John Albert Taylor, and Ronnie Lee Gardner) (Associated Press). At least 144 civilian prisoners have been executed by shooting in America since 1608, nearly all in Utah (Associated Press).

The catch: What started as a territorial tradition now serves a pragmatic role when lethal injection drugs become unavailable.

What state kills the most death row inmates?

Which states have the most executions?

Texas leads the nation by a wide margin with 591 executions since 1976, followed by Virginia (113), Oklahoma (116), and Florida (98) (Death Penalty Information Center state data). As of 2025, 27 states have the death penalty, 23 do not, plus the District of Columbia (Death Penalty Information Center). Utah ranks far down the list with only 7 executions in the same period.

What this means: Utah’s death penalty is more symbolic than active, yet its unique method keeps it in the national conversation.

The difference in execution counts highlights how Utah’s backup method sets it apart.

The five states that authorize firing squads show a clear pattern: they keep the method as a legal hedge against lethal‑injection drug shortages (Associated Press).

What happens if a pregnant woman is sentenced to death?

Is there a policy in Utah?

Utah law explicitly prohibits the execution of a pregnant woman. Under Utah Code, if a female death row inmate is found to be pregnant, the execution warrant is stayed until after the birth of the child (Utah Legislature – Utah Code §77-19-520). After delivery, the sentence may proceed unless commuted or otherwise altered. Most death‑penalty states have similar provisions, typically derived from common‑law protections for unborn children. The U.S. Supreme Court has never directly ruled on the constitutionality of executing a pregnant person, but the practice is universally barred by state statutes.

The trade-off: The law protects the unborn but leaves the mother eligible for execution after childbirth—a rare intersection of capital punishment and reproductive law.

Timeline of Utah’s death penalty history

The timeline shows that Utah’s death penalty has been marked by long pauses, with the next execution potentially resuming the practice.

Clarity check: What we know and what remains uncertain

“We are urging the Utah Supreme Court to allow people on death row to challenge execution methods.”

– ACLU press release (January 2025)
ACLU (civil liberties organization)

“The U.S. is killing someone by firing squad for the first time in 15 years.”

– Associated Press (March 2025)
Associated Press (major news agency)

Utah’s death penalty stands at a crossroads. With a scheduled firing squad execution in 2025 and ongoing court battles over execution methods, the state could either break its 15‑year pause or see its capital punishment system challenged as never before. For Utah residents, the implication is clear: the choice to use or abandon the firing squad will shape the state’s justice system for decades.