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H.B. 312

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WEAPONS IN MOTOR VEHICLES

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1998 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Richard L. Walsh

5    AN ACT RELATING TO CRIMINAL CODE; CLARIFYING THAT THE EXEMPTION OF A
6    CONCEALED FIREARM PERMIT HOLDER HAS FROM CERTAIN PROVISIONS IS FOR
7    A HANDGUN AND DOES NOT EXTEND TO OTHER FIREARMS.
8    This act affects sections of Utah Code Annotated 1953 as follows:
9    AMENDS:
10         76-10-523, as last amended by Chapters 57 and 144, Laws of Utah 1997
11    Be it enacted by the Legislature of the state of Utah:
12        Section 1. Section 76-10-523 is amended to read:
13         76-10-523. Persons exempt from weapons laws.
14        (1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to any
15    of the following:
16        (a) a United States marshal while engaged in the performance of his official duties;
17        (b) a federal official required to carry a firearm while engaged in the performance of his
18    official duties;
19        (c) a peace officer of this or any other jurisdiction while engaged in the performance of
20    his official duties;
21        (d) a law enforcement official as defined and qualified under Section 53-5-711;
22        (e) a judge as defined and qualified in Section 53-5-711;
23        (f) a common carrier while engaged in the regular and ordinary transport of firearms as
24    merchandise; or
25        (g) a nonresident traveling in or through the state, provided that any firearm is:
26        (i) unloaded; and
27        (ii) securely encased as defined in Section 76-10-501.


1        (2) [The provisions of Subsections 76-10-504(1)(a), (1)(b), and Section 76-10-505 do not
2    apply to any] Any person [to whom a permit] licensed to carry a concealed firearm [has been
3    issued: (a) pursuant to Section 53-5-704;] under Title 53, Chapter 5, Part 7, Concealed Weapon
4    Act, or [(b)] by another state whose requirements for issuance of a concealed firearm permit have
5    been determined annually by the Department of Public Safety to meet or exceed the requirements
6    for issuance of a concealed firearm permit in this state[.] is exempt from the following provisions
7    if the firearm is a handgun:
8        (a) carrying a concealed weapon in Subsections 76-10-504(1)(a) and (1)(b); and
9        (b) carrying a loaded firearm in Section 76-10-505.




Legislative Review Note
    as of 1-23-98 12:46 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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