H.B. 332

1

POSSESSION OF A DANGEROUS WEAPON IN
2 A VEHICLE
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Michael T. Morley
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Utah Code related to the possession, transporting,
10 and storing of a concealed firearm in a vehicle.
11 Highlighted Provisions:
12 This bill:
13 . provides that a person, organization, or business entity may not prohibit an
14 individual licensed to carry a concealed firearm from possessing, transporting, or
15 storing the firearm or ammunition for the firearm in a vehicle lawfully in the
16 individual's possession;
17 . provides for damages in a civil action for an injury suffered from prohibiting a
18 licensed concealed firearm carrier from possessing, transporting, or storing the
19 firearm in a vehicle; and
20 . provides that a person may not be held civilly liable for allowing a licensed
21 concealed firearm carrier to possess, transport, or store the firearm in the carrier's
22 vehicle.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:

28 ENACTS:
29 63-98-103, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 63-98-103 is enacted to read:
33 63-98-103. Possession of a concealed firearm in a vehicle.
34 (1) A person, organization, or business entity may not prohibit an individual licensed to
35 carry a concealed firearm for lawful self defense under Title 53, Chapter 5, Part 7, Concealed
36 Weapons, from possessing, transporting, or storing the firearm or ammunition for the firearm
37 in a vehicle lawfully:
38 (a) in the individual's possession; or
39 (b) under the individual's control.
40 (2) (a) A person, organization, or business entity that violates Subsection (1) is liable
41 for civil damages for an injury suffered by the individual referred to in Subsection (1) due to
42 the violation of Subsection (1) by the person, organization, or business entity.
43 (b) Workers compensation insurance is not a bar to an action for tort damages by an
44 individual identified in Subsection (1) who suffers an injury under Subsection (2).
45 (c) A person, organization, or business entity may not be held liable in a civil action for
46 complying with Subsection (1).




Legislative Review Note
as of 2-15-05 12:35 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel