First Substitute S.B. 87

Senator Michael G. Waddoups proposes to substitute the following bill:

1 ANTIQUE FIREARMS AMENDMENTS
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Michael G. Waddoups
5 This act modifies provisions relating to firearms. The act defines certain terms. The act
6 changes the definition of a firearm to exclude antique firearms and curio or relic firearms.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 76-10-501, as last amended by Chapter 303, Laws of Utah 2000
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 76-10-501 is amended to read:
12 76-10-501. Definitions.
13 As used in this part:
14 (1) (a) "Antique firearm" means any firearm:
15 (i) (A) with a matchlock, flintlock, percussion cap, or similar type of ignition system; and
16 (B) that was manufactured in or before 1898; or
17 (ii) that is a replica of any firearm described in this Subsection (1)(a), if the replica:
18 (A) is not designed or redesigned for using rimfire or conventional centerfire fixed
19 ammunition; or
20 (B) uses rimfire or centerfire fixed ammunition which is:
21 (I) no longer manufactured in the United States; and
22 (II) is not readily available in ordinary channels of commercial trade; or
23 (iii) (A) that is a muzzle loading rifle, shotgun, or pistol; and
24 (B) is designed to use black powder, or a black powder substitute, and cannot use fixed
25 ammunition.

26 (b) "Antique firearm" does not include:
27 (i) any weapon that incorporates a firearm frame or receiver;
28 (ii) any firearm that is converted into a muzzle loading weapon; or
29 (iii) any muzzle loading weapon that can be readily converted to fire fixed ammunition by
30 replacing the:
31 (A) barrel;
32 (B) bolt;
33 (C) breechblock; or
34 (D) any combination of Subsection (1)(b)(iii)(A), (B), or (C).
35 [(1)] (2) (a) "Concealed dangerous weapon" means a dangerous weapon that is covered,
36 hidden, or secreted in a manner that the public would not be aware of its presence and is readily
37 accessible for immediate use.
38 (b) A dangerous weapon shall not be considered a concealed dangerous weapon if it is a
39 firearm which is unloaded and is securely encased.
40 [(2)] (3) "Criminal history background check" means a criminal background check
41 conducted by a licensed firearms dealer on every purchaser of a handgun through the division or
42 the local law enforcement agency where the firearms dealer conducts business.
43 (4) "Curio or relic firearm" means any firearm that:
44 (a) is of special interest to a collector because of a quality that is not associated with
45 firearms intended for:
46 (i) sporting use;
47 (ii) use as an offensive weapon; or
48 (iii) use as a defensive weapon;
49 (b) (i) was manufactured at least 50 years prior to the current date; and
50 (ii) is not a replica of a firearm described in Subsection (4)(b)(i);
51 (c) is certified by the curator of a municipal, state, or federal museum that exhibits firearms
52 to be a curio or relic of museum interest;
53 (d) derives a substantial part of its monetary value:
54 (i) from the fact that the firearm is:
55 (A) novel;
56 (B) rare; or

57 (C) bizarre; or
58 (ii) because of the firearm's association with an historical:
59 (A) figure;
60 (B) period; or
61 (C) event; and
62 (e) has been designated as a curio or relic firearm by the director of the United States
63 Treasury Department Bureau of Alcohol, Tobacco, and Firearms under 27 C.F.R. Sec. 178.11.
64 [(3)] (5) (a) "Dangerous weapon" means any item that in the manner of its use or intended
65 use is capable of causing death or serious bodily injury. The following factors shall be used in
66 determining whether a knife, or any other item, object, or thing not commonly known as a
67 dangerous weapon is a dangerous weapon:
68 (i) the character of the instrument, object, or thing;
69 (ii) the character of the wound produced, if any;
70 (iii) the manner in which the instrument, object, or thing was used; and
71 (iv) the other lawful purposes for which the instrument, object, or thing may be used.
72 (b) "Dangerous weapon" does not include any explosive, chemical, or incendiary device
73 as defined by Section 76-10-306 .
74 [(4)] (6) "Dealer" means every person who is licensed under crimes and criminal
75 procedure, 18 U.S.C. 923 and engaged in the business of selling, leasing, or otherwise transferring
76 a handgun, whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
77 [(5)] (7) "Division" means the Criminal Investigations and Technical Services Division
78 of the Department of Public Safety, created in Section 53-10-103 .
79 [(6)] (8) "Enter" means intrusion of the entire body.
80 [(7)] (9) (a) "Firearm" means a pistol, revolver, shotgun, sawed-off shotgun, rifle or
81 sawed-off rifle, or any device that could be used as a dangerous weapon from which is expelled
82 a projectile by action of an explosive.
83 (b) As used in Sections 76-10-526 and 76-10-527 , "firearm" does not include an antique
84 firearm.
85 [(8)] (10) "Firearms transaction record form" means a form created by the division to be
86 completed by a person purchasing, selling, or transferring a handgun from a dealer in the state.
87 [(9)] (11) "Fully automatic weapon" means any firearm which fires, is designed to fire, or

88 can be readily restored to fire, automatically more than one shot without manual reloading by a
89 single function of the trigger.
90 [(10)] (12) (a) "Handgun" means a pistol, revolver, or other firearm of any description,
91 loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of
92 which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches.
93 (b) As used in Sections 76-10-520 , 76-10-521 , and 76-10-522 , "handgun" and "pistol or
94 revolver" do not include an antique firearm.
95 [(11)] (13) "House of worship" means a church, temple, synagogue, mosque, or other
96 building set apart primarily for the purpose of worship in which religious services are held and the
97 main body of which is kept for that use and not put to any other use inconsistent with its primary
98 purpose.
99 [(12)] (14) "Prohibited area" means any place where it is unlawful to discharge a firearm.
100 [(13)] (15) "Readily accessible for immediate use" means that a firearm or other dangerous
101 weapon is carried on the person or within such close proximity and in such a manner that it can
102 be retrieved and used as readily as if carried on the person.
103 [(14)] (16) "Residence" means an improvement to real property used or occupied as a
104 primary or secondary residence.
105 [(15)] (17) "Sawed-off shotgun" or "sawed-off rifle" means a shotgun having a barrel or
106 barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or barrels of fewer
107 than 16 inches in length, or any dangerous weapon made from a rifle or shotgun by alteration,
108 modification, or otherwise, if the weapon as modified has an overall length of fewer than 26
109 inches.
110 [(16)] (18) "Securely encased" means not readily accessible for immediate use, such as
111 held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other
112 storage area of a motor vehicle, not including a glove box or console box.
113 [(17)] (19) "State entity" means each department, commission, board, council, agency,
114 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
115 unit, bureau, panel, or other administrative unit of the state.
116 [(18)] (20) "Violent felony" means the same as defined in Section 76-3-203.5 .