H.B. 322 Enrolled

1

PROTECTION OF ACTIVITIES IN PRIVATE VEHICLES
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis Oda
5 Senate Sponsor: Mark B. Madsen
6
7 LONG TITLE
8 General Description:
9 This bill amends Title 34, Chapter 45, Protection of Activities in Private Vehicles.
10 Highlighted Provisions:
11 This bill:
12 . provides that alternative parking for an individual who desires to transport, possess,
13 receive, transfer, or store a firearm in the individual's motor vehicle may not be
14 located on a public right-of-way; and
15 . makes technical and conforming changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 34-45-103 , as enacted by Laws of Utah 2009, Chapter 379
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 34-45-103 is amended to read:
26 34-45-103. Protection of certain activities -- Firearms -- Free exercise of religion.
27 (1) Except as provided in Subsection (2), a person may not establish, maintain, or
28 enforce any policy or rule that has the effect of:
29 (a) prohibiting any individual from transporting or storing a firearm in a motor vehicle

30 on any property designated for motor vehicle parking, if:
31 (i) the individual is legally permitted to transport, possess, purchase, receive, transfer,
32 or store the firearm;
33 (ii) the firearm is locked securely in the motor vehicle or in a locked container attached
34 to the motor vehicle while the motor vehicle is not occupied; and
35 (iii) the firearm is not in plain view from the outside of the motor vehicle; or
36 (b) prohibiting any individual from possessing any item in or on a motor vehicle on any
37 property designated for motor vehicle parking, if the effect of the policy or rule constitutes a
38 substantial burden on that individual's free exercise of religion.
39 (2) A person may establish, maintain, or enforce a policy or rule that has the effect of
40 placing limitations on or prohibiting an individual from transporting or storing a firearm in a
41 motor vehicle on property the person has designated for motor vehicle parking if:
42 (a) the person provides, or there is otherwise available, one of the following, in a
43 location reasonably proximate to the property the person has designated for motor vehicle
44 parking:
45 (i) alternative parking for [individuals who desire] an individual who desires to
46 transport, possess, receive, transfer, or store a firearm in the individual's motor vehicle [at] that:
47 (A) imposes no additional cost [to] on the individual; [or] and
48 (B) is in a location that is legal and safe for parking; or
49 (ii) a secured and monitored storage location where the individual may securely store a
50 firearm before proceeding with the vehicle into the secured parking area; or
51 (b) the person complies with Subsection 34-45-107 (5).