H.B. 110

1

CRIME OF DISCHARGING A DANGEROUS
2 WEAPON OR FIREARM WITHIN A
3 MUNICIPALITY
4 2008 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Neil A. Hansen
7 Senate Sponsor: ____________
8
9 LONG TITLE
10 General Description:
11 This bill modifies the Weapons Part of the Utah Criminal Code by making it a crime to
12 discharge a firearm within a municipality.
13 Highlighted Provisions:
14 This bill:
15 . makes it a third degree felony to intentionally discharge a firearm within a
16 municipality;
17 . provides for exceptions; and
18 . makes certain technical changes.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 10-8-47, as last amended by Laws of Utah 1981, Chapter 50
26 ENACTS:
27 76-10-508.5, Utah Code Annotated 1953

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 10-8-47 is amended to read:
31 10-8-47. Intoxication -- Fights -- Disorderly conduct -- Assault and battery -- Petit
32 larceny -- Riots and disorderly assemblies -- Firearms and fireworks -- False pretenses
33 and embezzlement -- Sale of liquor, narcotics, or tobacco to minors -- Possession of
34 controlled substances -- Treatment of alcoholics and narcotics or drug addicts.
35 [They may] (1) A municipal legislative body may:
36 (a) prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights,
37 bullfights, and all disorderly conduct; and
38 (b) provide against and punish the offenses of assault and battery and petit larceny[;
39 they].
40 (2) They may restrain riots, routs, noises, disturbances or disorderly assemblies in any
41 street, house or place in the city[; they].
42 (3) Notwithstanding Section 76-10-508.5 , they may regulate and prevent the discharge
43 of firearms, rockets, powder, fireworks or any other dangerous or combustible material[; they],
44 but may not prescribe a lesser penalty for the discharge of a firearm than the penalty established
45 in Section 76-10-508.5 .
46 (4) They may provide against and prevent the offense of obtaining money or property
47 under false pretenses and the offense of embezzling money or property in all cases where the
48 money or property embezzled or obtained under false pretenses does not exceed in value the
49 sum of $100 [and].
50 (5) They may prohibit the sale, giving away or furnishing of intoxicating liquors or
51 narcotics, or of tobacco to [any] a person under [twenty-one] 21 years of age[; cities].
52 (6) (a) A city may[,]:
53 (i) by ordinance, prohibit the possession of controlled substances as defined in the Utah
54 Controlled Substances Act, provided the conduct is not a class A misdemeanor or felony[,];
55 and
56 (ii) provide for treatment of alcoholics, narcotic addicts and other persons who are
57 addicted to the use of drugs or intoxicants such that they substantially lack the capacity to
58 control their use of the drugs or intoxicants[, and judicial].

59 (b) Judicial supervision may be imposed as a means of effecting their rehabilitation
60 under Subsection (6)(a)(ii).
61 Section 2. Section 76-10-508.5 is enacted to read:
62 76-10-508.5. Discharge of firearm within a municipality -- Penalty -- Application.
63 (1) For purposes of this section, "municipality" has the same meaning as defined in
64 Section 10-1-104 .
65 (2) A person who intentionally discharges a firearm within a municipality is guilty of a
66 third degree felony.
67 (3) This section does not apply to the lawful discharge of a firearm by a person who is:
68 (a) acting in lawful defense of:
69 (i) self;
70 (ii) others; or
71 (iii) the person's property;
72 (b) performing official duties as provided in Sections 23-20-1.5 and 76-10-523 ; or
73 (c) a participant in a lawful activity in which the discharge of a firearm is a recognized
74 part of the activity, including shooting galleries and ranges.




Legislative Review Note
as of 12-21-07 12:13 PM

Office of Legislative Research and General Counsel