H.B. 312

1

WEAPONS IN MOTOR VEHICLES
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 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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