Does Utah Have the Death Penalty? Status, History & Firing Squad

When Ralph Menzies appeared before a Utah court in 2024, a man who’d spent 37 years on death row suddenly found himself at the center of a national conversation about execution methods. The case put a spotlight on something few states still practice: the firing squad. Utah is one of just five states where it remains an option, and the state recently prepared for its first such execution in 15 years. Here is what the law actually says, and how Utah got here.

States with death penalty: 27 · First post-moratorium execution: 1977 · Utah firing squad executions since 1977: 3 · Death penalty reinstated in Utah: 1973 · Next potential firing squad: Preparations in 2025

Does Utah still utilize the death penalty?

Yes. Utah authorizes the death penalty and remains one of 27 states that retain it as of 2025. The state’s capital punishment statutes have survived multiple legal challenges, though the Utah Supreme Court is currently considering a lawsuit filed by three death row inmates challenging the constitutionality of the death penalty laws themselves.

The legal framework in Utah traces back to 1851, when the territorial legislature designated firing squad, hanging, or beheading as punishments for capital crimes. Utah formally reinstated the death penalty in 1973, following the national moratorium established by Furman v. Georgia (1972), which temporarily halted executions across the United States.

Current legal status

Under current Utah law, the state maintains lethal injection as its default execution method, following the passage of HB180 in 2004. However, inmates who were sentenced before that law took effect may still elect for the firing squad, a provision grandfathered into the statute. This grandfather clause is what keeps the firing squad legally available in Utah today.

Recent legislative changes

In 2024, the Utah legislature passed SB 109, which established anonymity protections for execution participants. Under this law, identities of team members involved in carrying out executions remain secret. The corrections department confirmed on July 14, 2025, “We are prepared to carry out this type of execution through a firing squad,” underscoring continued readiness to use the method when legally required.

When was the last death penalty in Utah?

Utah executed Taberon Honie by lethal injection on August 8, 2024. That date marked the state’s first execution in 14 years, ending a prolonged hiatus that followed the 2010 execution of Ronnie Lee Gardner. According to the Death Penalty Information Center, Utah is one of three states that resumed executions in 2024 after more than a decade without any.

Post-moratorium executions

The modern era of Utah executions began on January 17, 1977, when Gary Gilmore was put to death by firing squad. That execution, carried out at the Utah State Prison in Draper, was the first death penalty case carried out in the United States following the 1976 Gregg v. Georgia ruling that reauthorized capital punishment. Gary Gilmore’s execution cemented Utah’s place in American penal history and established the state’s association with the firing squad method.

Gary Gilmore case

Gilmore was sentenced for the murders of Gary and Mayleen Murray in 1974. His execution by firing squad drew national attention and sparked debates about methods of capital punishment that continue to this day. The case became a reference point for understanding the legal and ethical dimensions of execution methods, particularly regarding which approaches constitute “cruel and unusual punishment” under constitutional analysis.

How many death row inmates are in Utah?

As of November 2025, Utah has three inmates on death row: Michael Anthony Archuleta, Von Lester Taylor, and Troy Kell. Wikipedia, citing state Department of Corrections records, lists these three as the state’s current death row population. However, exact figures can vary depending on timing and legal status changes, so readers should verify current counts with the Utah Department of Corrections directly.

Current death row population

Troy Kell, one of the three current inmates, has selected the firing squad as his preferred execution method. According to the Associated Press, two inmates on Utah’s death row had requested firing squad executions as of early 2025. This includes Kell and Ralph Menzies, whose scheduled execution for September 5, 2025, was ultimately blocked by the Utah Supreme Court due to competency concerns related to his dementia diagnosis.

Trends over time

Ralph Menzies had been on death row for 37 years as of 2024, suffering severe dementia that required use of a wheelchair and supplemental oxygen. A judge deemed him competent for execution in early June 2025 before the Utah Supreme Court intervened, blocking the firing squad execution that had been scheduled for September 5. Menzies would have been the sixth U.S. firing squad execution since 1977 if carried out.

Does Utah still use a firing squad?

Yes, Utah retains the firing squad as a legal execution method, though it operates under specific conditions tied to the 2004 legislative change. After HB180 made lethal injection the default method, inmates sentenced before that year were grandfathered in, preserving their right to choose firing squad. Utah is one of only five states—along with Idaho, Mississippi, Oklahoma, and South Carolina—that authorize firing squad executions.

Firing squad history

Utah’s use of the firing squad dates to the territorial period, when it designated this method alongside hanging and beheading in 1851. The state has executed three people by firing squad since the resumption of capital punishment in 1977: Gary Gilmore in 1977, Ivan Allen in 1981, and Ronnie Lee Gardner in 2010. Ronnie Lee Gardner’s June 18, 2010 execution was the last firing squad execution in the United States for 15 years, until South Carolina’s Brad Sigmon faced a similar fate in March 2025.

Upcoming use

Utah Department of Corrections prepared extensively for what would have been a September 5, 2025 firing squad execution of Ralph Menzies. Documents released in July 2025 showed the department planned to use five .30 caliber firearms, with one weapon loaded with a blank, operated by a team of five anonymous members, a team leader, and two alternates. The Utah corrections chief confirmed readiness, stating, “We are prepared to carry out this type of execution through a firing squad.” However, the Utah Supreme Court blocked the execution due to competency concerns stemming from Menzies’ advanced dementia.

What states have the death penalty?

As of 2025, 27 U.S. states authorize the death penalty. The states that do not retain capital punishment include Michigan, New York, Wisconsin, and 20 others. Utah is among the states that continue to authorize and use the death penalty, though it remains a controversial and slowly declining practice nationally.

List of 27 states

The death penalty states include Alabama, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming. Each state maintains its own statutes, methods, and procedural requirements for capital cases.

States without it

Michigan abolished the death penalty in 2009, making it one of the earlier states to do so. New York eliminated capital punishment in 2007. Many states that abolished the practice did so through legislative action or court rulings interpreting state constitutions. The trend has generally moved toward abolition, though several states remain active in carrying out executions.

The comparison shows how firing squad authorization varies significantly by state, from Utah’s grandfather clause to Idaho’s newly established primary method and South Carolina’s inmate election option.

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Utah’s retention of the death penalty reflects as a reliably red state, where GOP dominance has shaped its approach to capital punishment for decades.

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