S.B. 48

This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 9, 2004 at 10:37 AM by rday. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Feb 16, 2004 at 4:24 PM by smaeser. --> This document includes House Committee Amendments incorporated into the bill on Fri, Feb 20, 2004 at 10:58 AM by chopkin. --> 1

UNIFORM FIREARM LAWS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Michael G. Waddoups
5
6 LONG TITLE
7 General Description:
8 This bill modifies the State Affairs in General title in recognizing the need to provide
9 uniform civil and criminal firearm laws throughout the state.
10 Highlighted Provisions:
11 This bill:
12 . reflects current provisions in the Criminal Code that recognize the reservation of
13 authority with the state to regulate firearms; and
14 . provides, in conjunction with current state criminal law, that a local authority or
15 entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy
16 pertaining to firearms that inhibits or restricts the possession or use of firearms on
17 either public or private property, unless specifically authorized by the Legislature by
18 statute.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 63-98-101, Utah Code Annotated 1953
26 63-98-102, Utah Code Annotated 1953
27

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House Committee Amendments 2-20-2004 ch/jlw

Senate 2nd Reading Amendments 2-16-2004 sm/jlw

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Senate Committee Amendments 2-9-2004 rd/jlw 28

Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 63-98-101 is enacted to read:
30 CHAPTER 98. FIREARM LAWS
31 63-98-101. Title.
32 This chapter is known as "Firearm Laws."
33 Section 2. Section 63-98-102 is enacted to read:
34 63-98-102. Uniform firearm laws.
35 (1) The individual right to keep and bear arms being a constitutionally protected right
36 under Article I, Section 6 of the Utah Constitution, the Legislature finds the need to provide
37 uniform civil and criminal firearm laws throughout the state.
38 (2) Except as specifically provided by state law, S [ an individual ] A LOCAL AUTHORITY OR
38a STATE ENTITY s may not S [ be ] s :
39 (a) S [ prohibited ] PROHIBIT AN INDIVIDUAL s from owning, possessing, purchasing, selling,
39a transferring, transporting,
40 or keeping a firearm at the individual's place of residence, property, business, or in any vehicle
41 lawfully in the individual's possession or lawfully under the individual's control; or
42 (b) S [ required ] REQUIRE AN INDIVIDUAL s to have a permit or license to purchase, own,
42a possess, transport, or keep a
43 firearm.
44 (3) In conjunction with Title 76, Chapter 10, Part 5, Weapons, this section is uniformly
45 applicable throughout this state and in all its political subdivisions and municipalities.
46 (4) All authority to regulate firearms is reserved to the state except where the
47 Legislature specifically delegates responsibility to local authorities or state entities.
48 (5) Unless specifically authorized by the Legislature by statute, a local authority or
49 state entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy
50 pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on
51 either public or private property.
52 S [ (6) Except as specifically authorized by the Legislature by statute, private citizens may
53 not inhibit or restrict the possession or use of firearms on either public or private property.
54 (7) ] (6) s As used in this section:
55 (a) "firearm" has the same meaning as defined in Subsection 76-10-501 (9); and
56 (b) "local authority or state entity" includes public school districts, public schools, and
57 state institutions of higher education.
57a S (7) H [ Except as otherwise specifically provided by state law, nothing in this section
57b prohibits an individual from restricting the possession or use of a firearm on private
57c property. s ] INDIVIDUAL PRIVATE PROPERTY UNDER STATE AND FEDERAL LAW SHALL NOT BE
57d RESTRICTED BY THIS SECTION. h

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Legislative Review Note
as of 1-27-04 2:52 PM

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

Office of Legislative Research and General Counsel