H.B. 295

1

WEAPONS LAW EXEMPTIONS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Richard A. Greenwood
5 Senate Sponsor: Todd Weiler
6
7 LONG TITLE
8 General Description:
9 This bill makes exemptions to provisions related to the use, carry, and transportation
10 of a weapon.
11 Highlighted Provisions:
12 This bill:
13 . excludes certain weapon-related requirements for a person performing an official
14 duty; and
15 . exempts a nonresident traveling in or through the state from weapon provisions
16 under certain circumstances.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 76-10-506 , as last amended by Laws of Utah 2010, Chapter 361
24 76-10-508 , as last amended by Laws of Utah 2008, Chapter 296
25 76-10-508.1 , as last amended by Laws of Utah 2009, Chapter 157
26 76-10-523 , as last amended by Laws of Utah 2009, Chapter 362

27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 76-10-506 is amended to read:
30 76-10-506. Threatening with or using dangerous weapon in fight or quarrel.
31 (1) As used in this section, "threatening manner" does not include:
32 (a) the possession of a dangerous weapon, whether visible or concealed, without
33 additional behavior which is threatening; or
34 (b) informing another of the actor's possession of a deadly weapon in order to prevent
35 what the actor reasonably perceives as a possible use of unlawful force by the other and the
36 actor is not engaged in any activity described in Subsection 76-2-402 (2)(a).
37 (2) Except as otherwise provided in Section 76-2-402 and for those persons
38 described in Section 76-10-503 , a person who[, in the presence of two or more persons,]
39 draws or exhibits a dangerous weapon as defined in Section 76-1-601 in an angry and
40 threatening manner or unlawfully uses a dangerous weapon in a fight or quarrel is guilty of a
41 class A misdemeanor.
42 (3) This section does not apply to a person who, reasonably believing the action to be
43 necessary in compliance with Section 76-2-402 , with purpose to prevent another's use of
44 unlawful force:
45 (a) threatens the use of a dangerous weapon; or
46 (b) draws or exhibits a dangerous weapon.
47 (4) This section does not apply to a person listed in Subsections 76-10-523 (1)(a)
48 through (e) in performance of the person's duties.
49 Section 2. Section 76-10-508 is amended to read:
50 76-10-508. Discharge of firearm from a vehicle, near a highway, or in direction
51 of any person, building, or vehicle -- Penalties.
52 (1) (a) A person may not discharge any kind of dangerous weapon or firearm:
53 (i) from an automobile or other vehicle;
54 (ii) from, upon, or across any highway;
55 (iii) at any road signs placed upon any highways of the state;
56 (iv) at any communications equipment or property of public utilities including

57 facilities, lines, poles, or devices of transmission or distribution;
58 (v) at railroad equipment or facilities including any sign or signal;
59 (vi) within Utah State Park buildings, designated camp or picnic sites, overlooks, golf
60 courses, boat ramps, and developed beaches; or
61 (vii) without written permission to discharge the dangerous weapon from the owner or
62 person in charge of the property within 600 feet of:
63 (A) a house, dwelling, or any other building; or
64 (B) any structure in which a domestic animal is kept or fed, including a barn, poultry
65 yard, corral, feeding pen, or stockyard.
66 (b) It is a defense to any charge for violating this section that the person being
67 accused had actual permission of the owner or person in charge of the property at the time in
68 question.
69 (2) A violation of any provision of Subsection (1) is a class B misdemeanor.
70 (3) In addition to any other penalties, the court shall:
71 (a) notify the Driver License Division of the conviction for purposes of any
72 revocation, denial, suspension, or disqualification of a driver license under Subsection
73 53-3-220 (1)(a)(xi); and
74 (b) specify in court at the time of sentencing the length of the revocation under
75 Subsection 53-3-225 (1)(c).
76 (4) This section does not apply to a person who:
77 (a) discharges any kind of firearm when that person is in lawful defense of self or
78 others;
79 (b) is performing official duties as provided in [Sections] Section 23-20-1.5 and
80 Subsections 76-10-523 (1)(a) through (e) and as otherwise provided by law; or
81 (c) discharges a dangerous weapon or firearm from an automobile or other vehicle, if:
82 (i) the discharge occurs at a firing range or training ground;
83 (ii) at no time after the discharge does the projectile that is discharged cross over or
84 stop at a location other than within the boundaries of the firing range or training ground
85 described in Subsection (4)(c)(i);
86 (iii) the discharge is made as practice or training for a lawful purpose;

87 (iv) the discharge and the location, time, and manner of the discharge are approved by
88 the owner or operator of the firing range or training ground prior to the discharge; and
89 (v) the discharge is not made in violation of Subsection (1).
90 Section 3. Section 76-10-508.1 is amended to read:
91 76-10-508.1. Felony discharge of a firearm -- Penalties.
92 (1) Except as provided under Subsection (2) or (3), a person who discharges a
93 firearm is guilty of a third degree felony punishable by imprisonment for a term of not less
94 than three years nor more than five years if:
95 (a) the actor discharges a firearm in the direction of any person or persons, knowing
96 or having reason to believe that any person may be endangered by the discharge of the
97 firearm;
98 (b) the actor, with intent to intimidate or harass another or with intent to damage a
99 habitable structure as defined in Section 76-6-101 , discharges a firearm in the direction of
100 any person or habitable structure; or
101 (c) the actor, with intent to intimidate or harass another, discharges a firearm in the
102 direction of any vehicle.
103 (2) A violation of Subsection (1) which causes bodily injury to any person is a
104 second degree felony punishable by imprisonment for a term of not less than three years nor
105 more than 15 years.
106 (3) A violation of Subsection (1) which causes serious bodily injury to any person is
107 a first degree felony.
108 (4) In addition to any other penalties for a violation of this section, the court shall:
109 (a) notify the Driver License Division of the conviction for purposes of any
110 revocation, denial, suspension, or disqualification of a driver license under Subsection
111 53-3-220 (1)(a)(xi); and
112 (b) specify in court at the time of sentencing the length of the revocation under
113 Subsection 53-3-225 (1)(c).
114 (5) This section does not apply to a person:
115 (a) who discharges any kind of firearm when that person is in lawful defense of self
116 or others;

117 (b) who is performing official duties as provided in Section 23-20-1.5 or Subsections
118 76-10-523 (1)(a) through (e) or as otherwise authorized by law; or
119 (c) who discharges a dangerous weapon or firearm from an automobile or other
120 vehicle, if:
121 (i) the discharge occurs at a firing range or training ground;
122 (ii) at no time after the discharge does the projectile that is discharged cross over or
123 stop at a location other than within the boundaries of the firing range or training ground
124 described in Subsection (5)(c)(i);
125 (iii) the discharge is made as practice or training for a lawful purpose;
126 (iv) the discharge and the location, time, and manner of the discharge are approved by
127 the owner or operator of the firing range or training ground prior to the discharge; and
128 (v) the discharge is not made in violation of Subsection (1).
129 Section 4. Section 76-10-523 is amended to read:
130 76-10-523. Persons exempt from weapons laws.
131 (1) [This] Except for Sections 76-10-506 , 76-10-508 , and 76-10-508.1 , this part and
132 Title 53, Chapter 5, Part 7, Concealed [Weapon] Firearm Act, do not apply to any of the
133 following:
134 (a) a United States marshal;
135 (b) a federal official required to carry a firearm;
136 (c) a peace officer of this or any other jurisdiction;
137 (d) a law enforcement official as defined and qualified under Section 53-5-711 ;
138 (e) a judge as defined and qualified under Section 53-5-711 ; or
139 (f) a common carrier while engaged in the regular and ordinary transport of firearms
140 as merchandise[; or].
141 [(g) a nonresident traveling in or through the state, provided that any firearm is:]
142 [(i) unloaded; and]
143 [(ii) securely encased as defined in Section 76-10-501 .]
144 (2) The provisions of Subsections 76-10-504 (1) and (2), and Section 76-10-505 do
145 not apply to any person to whom a permit to carry a concealed firearm has been issued:
146 (a) pursuant to Section 53-5-704 ; or

147 (b) by another state or county.
148 (3) Except for Sections 76-10-503 , 76-10-506 , 76-10-508 , and 76-10-508.1 , this part
149 and Title 53, Chapter 5, Part 7, Concealed Firearm Act, do not apply to a nonresident
150 traveling in or though the state, provided that any firearm is:
151 (a) unloaded; and
152 (b) securely encased as defined in Section 76-10-501 .




Legislative Review Note
as of 1-9-14 3:01 PM

Office of Legislative Research and General Counsel