H.B. 26

1

RETIRED PEACE OFFICER WEAPONS
2 EXEMPTIONS
3 1999 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Rebecca D. Lockhart
6 AN ACT RELATING TO CRIMINAL CODE; PROVIDING THAT A RETIRED PEACE
7 OFFICER IS EXEMPT FROM CERTAIN WEAPONS LAWS UNDER SPECIFIED
8 CIRCUMSTANCES.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 76-10-523, as last amended by Chapters 57 and 144, Laws of Utah 1997
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 76-10-523 is amended to read:
14 76-10-523. Persons exempt from weapons laws.
15 (1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to any
16 of the following:
17 (a) a United States marshal while engaged in the performance of his official duties;
18 (b) a federal official required to carry a firearm while engaged in the performance of his
19 official duties;
20 (c) a peace officer of this or any other jurisdiction while engaged in the performance of his
21 official duties;
22 (d) a law enforcement official as defined and qualified under Section 53-5-711 ;
23 (e) a judge as defined and qualified in Section 53-5-711 ;
24 (f) a common carrier while engaged in the regular and ordinary transport of firearms as
25 merchandise; [or]
26 (g) a nonresident traveling in or through the state, provided that any firearm is:
27 (i) unloaded; and

28 (ii) securely encased as defined in Section 76-10-501 [.]; or
29 (h) a peace officer who has retired in good standing and has a retired peace officer
30 identification on his person at the time he is carrying the weapon.
31 (2) The provisions of Subsections 76-10-504 (1)(a), (1)(b), and Section 76-10-505 do not
32 apply to any person to whom a permit to carry a concealed firearm has been issued:
33 (a) pursuant to Section 53-5-704 ; or
34 (b) by another state whose requirements for issuance of a concealed firearm permit have
35 been determined annually by the Department of Public Safety to meet or exceed the requirements
36 for issuance of a concealed firearm permit in this state.




Legislative Review Note
as of 12-7-98 2:52 PM

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

Office of Legislative Research and General Counsel