First Substitute H.B. 49

This document includes House Floor Amendments incorporated into the bill on Tue, Feb 21, 2012 at 4:06 PM by jeyring. -->

Representative Paul Ray proposes the following substitute bill:

1 FIREARMS REVISIONS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Paul Ray
5 Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill deals with provisions related to the possession of a firearm or dangerous
10 weapon.
11 Highlighted Provisions:
12 This bill:
13 . provides that in the absence of additional threatening behavior, the otherwise lawful
14 possession of a firearm or dangerous weapon, whether visible or concealed, may not
15 be considered a violation of certain municipal ordinances;
16 . provides that governmental entities may not enact, maintain, or enforce firearm or
17 dangerous weapon laws, ordinances, rules, or regulations without explicit authority
18 granted by the Legislature;
19 . provides that where authority has been granted to a governmental entity by the
20 Legislature to regulate firearms or other dangerous weapons, any law, ordinance,
21 rule, regulation, code of conduct, or contractual obligation based on that grant shall
22 reference the grant and detail the conduct that is limited or prohibited pursuant to
23 the grant; and
24 . voids any firearm or dangerous weapon law, ordinance, rule, regulation, code of
25 conduct, or contractual obligation that does not reference the applicable legislative

26 grant of authority and detail the conduct that is limited or prohibited pursuant to the grant.
27 Money Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 10-8-47, as last amended by Laws of Utah 1981, Chapter 50
34 10-8-50, as last amended by Laws of Utah 1995, Chapter 131
35 76-9-102, as last amended by Laws of Utah 1999, Chapter 20
36 ENACTS:
37 76-10-532, Utah Code Annotated 1953
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 10-8-47 is amended to read:
41 10-8-47. Intoxication -- Fights -- Disorderly conduct -- Assault and battery -- Petit
42 larceny -- Riots and disorderly assemblies -- Firearms and fireworks -- False pretenses
43 and embezzlement -- Sale of liquor, narcotics or tobacco to minors -- Possession of
44 controlled substances -- Treatment of alcoholics and narcotics or drug addicts.
45 [They] (1) Except as provided in Section 76-10-532 , the municipal legislative body
46 may:
47 (a) prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights,
48 bullfights, and all disorderly conduct and provide against and punish the offenses of assault and
49 battery and petit larceny; [they may]
50 (b) restrain riots, routs, noises, disturbances or disorderly assemblies in any street,
51 house or place in the city; [they may]
52 (c) regulate and prevent the discharge of firearms, rockets, powder, fireworks or any
53 other dangerous or combustible material; [they may]
54 (d) provide against and prevent the offense of obtaining money or property under false
55 pretenses and the offense of embezzling money or property in all cases where the money or
56 property embezzled or obtained under false pretenses does not exceed in value the sum of

57 $100; and [may]
58 (e) prohibit the sale, giving away or furnishing of intoxicating liquors or narcotics, or
59 of tobacco to any person under 21 years of age[; cities].
60 (2) Cities may, by ordinance[,]:
61 (a) prohibit the possession of controlled substances as defined in [the] Title 58, Chapter
62 37, Utah Controlled Substances Act, provided the conduct is not a class A misdemeanor or
63 felony[,]; and
64 (b) provide for treatment of alcoholics, narcotic addicts and other persons who are
65 addicted to the use of drugs or intoxicants such that they substantially lack the capacity to
66 control their use of the drugs or intoxicants, and judicial supervision may be imposed as a
67 means of effecting their rehabilitation.
68 Section 2. Section 10-8-50 is amended to read:
69 10-8-50. Disturbing the peace -- Public intoxication -- Fighting -- Obscene
70 language -- Disorderly conduct -- Lewd behavior -- Interference with officers -- Trespass.
71 (1) [Boards] Except as provided in Section 76-10-532 , boards of commissioners and
72 city councils of cities may provide for the punishment of any person or persons for:
73 (a) disturbing the peace or good order of the city;
74 (b) disturbing the peace of any person or persons;
75 (c) disturbing any lawful assembly;
76 (d) public intoxication;
77 (e) challenging, encouraging, or engaging in fighting;
78 (f) using obscene or profane language in a place or under circumstances which could
79 cause a breach of the peace or good order of the city;
80 (g) engaging in indecent or disorderly conduct;
81 (h) engaging in lewd or lascivious behavior or conduct in the city; and
82 (i) interfering with any city officer in the discharge of his duty.
83 (2) Boards of commissioners and city councils of cities may provide for the
84 punishment of trespass and such other petty offenses as the board of commissioners or city
85 council may consider proper.
86 (3) (a) A woman's breast feeding, including breast feeding in any location where she
87 otherwise may rightfully be, does not under any circumstance constitute a lewd or indecent act,

88 irrespective of whether or not the breast is covered during or incidental to feeding.
89 (b) Boards of commissioners and city councils of cities may not prohibit a woman's
90 breast feeding in any location where she otherwise may rightfully be, irrespective of whether
91 the breast is uncovered during or incidental to the breast feeding.
92 Section 3. Section 76-9-102 is amended to read:
93 76-9-102. Disorderly conduct.
94 (1) A person is guilty of disorderly conduct if:
95 (a) he refuses to comply with the lawful order of the police to move from a public
96 place, or knowingly creates a hazardous or physically offensive condition, by any act which
97 serves no legitimate purpose; or
98 (b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating
99 a risk thereof, he:
100 (i) engages in fighting or in violent, tumultuous, or threatening behavior;
101 (ii) makes unreasonable noises in a public place;
102 (iii) makes unreasonable noises in a private place which can be heard in a public place;
103 or
104 (iv) obstructs vehicular or pedestrian traffic.
105 (2) "Public place," for the purpose of this section, means any place to which the public
106 or a substantial group of the public has access and includes but is not limited to streets,
107 highways, and the common areas of schools, hospitals, apartment houses, office buildings,
108 transport facilities, and shops.
109 (3) The otherwise lawful possession of a firearm or other dangerous weapon, whether
110 visible or concealed, without additional behavior H. [ or ] and circumstances that would cause a
110a reasonable person to believe the firearm or other dangerous weapon was carried or possessed
110b unlawfully or with criminal intent .H , does not constitute a hazardous or physically
111 offensive condition H. [ or ] , .H threatening behavior under Subsection (1) H. , or a violation
111a of this Section .H .
111b H. (4) Nothing in this Section prohibits a law enforcement officer from questioning an
111c individual. .H
112 [(3)] H. [ (4) ] (5) .H Disorderly conduct is a class C misdemeanor if the offense
112a continues after a
113 request by a person to desist. Otherwise it is an infraction.
114 Section 4. Section 76-10-532 is enacted to read:
115 76-10-532. Possession of firearms or other dangerous weapons as applied to
116 interpreting general laws.
117 (1) Except where explicit authority to regulate firearms or other dangerous weapons
118 has been granted by the Legislature, a local authority, political subdivision, municipality, or any

119 other state entity may not enact, maintain, or enforce a law, ordinance, rule, regulation, code of
120 conduct, or contractual obligation that limits or prevents the otherwise lawful possession of a
121 firearm or other dangerous weapon, whether visible or concealed.
122 (2) If explicit authority has been granted by the Legislature to a local authority,
123 political subdivision, municipality, or other state entity to regulate firearms or other dangerous
124 weapons, any law, ordinance, rule, regulation, code of conduct, or contractual obligation based
125 on that explicit grant of authority shall:
126 (a) reference the statute that grants the authority to regulate the firearm or other
127 dangerous weapon;
128 (b) detail specifically the conduct involving a firearm or other dangerous weapon that
129 is limited or prohibited; and
130 (c) use the term firearm if the prohibition or limitation only involves a firearm.
131 (3) A firearm or dangerous weapon law, ordinance, rule, regulation, code of conduct,
132 or contractual obligation enacted, made, adopted, or entered into by a local authority, political
133 subdivision, municipality, or other state entity that does not meet the requirements of
134 Subsection (2) is void.