Third Substitute H.B. 49

Senator Curtis S. Bramble 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 . voids any firearm or dangerous weapon law, ordinance, rule, regulation, code of
17 conduct, or contractual obligation that does not reference the applicable legislative
18 grant of authority and detail the conduct that is limited or prohibited pursuant to the
19 grant; and
20 . makes technical changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:

26 AMENDS:
27 10-8-47, as last amended by Laws of Utah 1981, Chapter 50
28 10-8-50, as last amended by Laws of Utah 1995, Chapter 131
29 76-9-102, as last amended by Laws of Utah 1999, Chapter 20
30 ENACTS:
31 76-10-532, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 10-8-47 is amended to read:
35 10-8-47. Intoxication -- Fights -- Disorderly conduct -- Assault and battery -- Petit
36 larceny -- Riots and disorderly assemblies -- Firearms and fireworks -- False pretenses
37 and embezzlement -- Sale of liquor, narcotics or tobacco to minors -- Possession of
38 controlled substances -- Treatment of alcoholics and narcotics or drug addicts.
39 [They] (1) Except as provided in Section 76-10-532 , the municipal legislative body
40 may:
41 (a) prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights,
42 bullfights, and all disorderly conduct and provide against and punish the offenses of assault and
43 battery and petit larceny; [they may]
44 (b) restrain riots, routs, noises, disturbances or disorderly assemblies in any street,
45 house or place in the city; [they may]
46 (c) regulate and prevent the discharge of firearms, rockets, powder, fireworks or any
47 other dangerous or combustible material; [they may]
48 (d) provide against and prevent the offense of obtaining money or property under false
49 pretenses and the offense of embezzling money or property in all cases where the money or
50 property embezzled or obtained under false pretenses does not exceed in value the sum of
51 $100; and [may]
52 (e) prohibit the sale, giving away or furnishing of intoxicating liquors or narcotics, or
53 of tobacco to any person under 21 years of age[; cities].
54 (2) Cities may, by ordinance[,]:
55 (a) prohibit the possession of controlled substances as defined in [the] Title 58, Chapter
56 37, Utah Controlled Substances Act, provided the conduct is not a class A misdemeanor or

57 felony[,]; and
58 (b) provide for treatment of alcoholics, narcotic addicts and other persons who are
59 addicted to the use of drugs or intoxicants such that they substantially lack the capacity to
60 control their use of the drugs or intoxicants, and judicial supervision may be imposed as a
61 means of effecting their rehabilitation.
62 Section 2. Section 10-8-50 is amended to read:
63 10-8-50. Disturbing the peace -- Public intoxication -- Fighting -- Obscene
64 language -- Disorderly conduct -- Lewd behavior -- Interference with officers -- Trespass.
65 (1) [Boards] Except as provided in Section 76-10-532 , boards of commissioners and
66 city councils of cities may provide for the punishment of any person or persons for:
67 (a) disturbing the peace or good order of the city;
68 (b) disturbing the peace of any person or persons;
69 (c) disturbing any lawful assembly;
70 (d) public intoxication;
71 (e) challenging, encouraging, or engaging in fighting;
72 (f) using obscene or profane language in a place or under circumstances which could
73 cause a breach of the peace or good order of the city;
74 (g) engaging in indecent or disorderly conduct;
75 (h) engaging in lewd or lascivious behavior or conduct in the city; and
76 (i) interfering with any city officer in the discharge of his duty.
77 (2) Boards of commissioners and city councils of cities may provide for the
78 punishment of trespass and such other petty offenses as the board of commissioners or city
79 council may consider proper.
80 (3) (a) A woman's breast feeding, including breast feeding in any location where she
81 otherwise may rightfully be, does not under any circumstance constitute a lewd or indecent act,
82 irrespective of whether or not the breast is covered during or incidental to feeding.
83 (b) Boards of commissioners and city councils of cities may not prohibit a woman's
84 breast feeding in any location where she otherwise may rightfully be, irrespective of whether
85 the breast is uncovered during or incidental to the breast feeding.
86 Section 3. Section 76-9-102 is amended to read:
87 76-9-102. Disorderly conduct.

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

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