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First Substitute H.B. 357
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Mar 10, 2009 at 6:15 PM by rday. -->
7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Utah Criminal Code related to firearms.
10 Highlighted Provisions:
11 This bill:
12 . modifies the criminal penalties exception provisions related to carrying a concealed
13 firearm to apply to a vehicle in a person's lawful possession and to a vehicle in the
14 lawful possession of another, with the consent of that person;
15 . allows a person to carry a loaded firearm in a vehicle in the person's lawful
16 possession or in a vehicle with the consent of the person lawfully in possession of
17 the vehicle;
18 . allows for the possession of a loaded firearm, on a person's real property; and
19 . makes certain technical changes.
20 Monies Appropriated in this Bill:
22 Other Special Clauses:
24 Utah Code Sections Affected:
26 76-10-504, as last amended by Laws of Utah 2005, Chapter 2
27 76-10-505, as last amended by Laws of Utah 1990, Chapter 328
28 76-10-511, as last amended by Laws of Utah 1993, Chapter 234
29 76-10-523, as last amended by Laws of Utah 2003, Chapter 202
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 76-10-504 is amended to read:
33 76-10-504. Carrying concealed dangerous weapon -- Penalties.
34 (1) Except as provided in Section 76-10-503 and in Subsections (2) [
35 (4), a person who carries a concealed dangerous weapon, as defined in Section 76-10-501 ,
37 accessible for immediate use which is not securely encased, as defined in this part, in or on a
38 place other than [
39 possession, or a vehicle, with the consent of the individual who is lawfully in possession of the
40 vehicle, or business under [
42 (2) A person who carries a concealed dangerous weapon which is a loaded firearm [
46 guilty of a second degree felony.
48 defined in Section 76-3-203.5 , and the person is a party to the offense, the person is guilty of a
49 second degree felony.
51 taking of protected or unprotected wildlife as defined in Title 23, Wildlife Resources Code,
52 from carrying a concealed weapon or a concealed firearm with a barrel length of four inches or
53 greater as long as the taking of wildlife does not occur:
54 (a) within the limits of a municipality in violation of that municipality's ordinances; or
55 (b) upon the highways of the state as defined in Section 41-6a-102 .
56 Section 2. Section 76-10-505 is amended to read:
57 76-10-505. Carrying loaded firearm in vehicle or on street.
58 (1) Unless otherwise authorized by law, a person may not carry a loaded firearm:
59 (a) in or on a vehicle[
60 (i) the vehicle is in the person's lawful possession; or
61 (ii) the person is carrying the loaded firearm in a vehicle with the consent of the person
62 lawfully in possession of the vehicle.
63 (b) on [
64 (c) in a posted prohibited area.
64a S. (2) Subsection (1)(a) does not apply to a minor under 18 years of age, since a minor
64b under 18 years of age may not carry a loaded firearm in or on a vehicle.
64c (3) Notwithstanding Subsection (1)(a)(i) and (ii), a person may not possess a loaded rifle,
64d shotgun, or muzzle-loading rifle in a vehicle.
66 Section 3. Section 76-10-511 is amended to read:
67 76-10-511. Possession of loaded firearm at residence or on real property
69 Except for persons described in Section 76-10-503 and 18 U.S.C. Sec. 922(g) S. and as
69a otherwise prescribed in this part .S , a person
70 may have a loaded firearm [
71 (1) at the person's place of residence, including any temporary residence or camp[
72 (2) on the person's real property.
73 Section 4. Section 76-10-523 is amended to read:
74 76-10-523. Persons exempt from weapons laws.
75 (1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to
76 any of the following:
77 (a) a United States marshal;
78 (b) a federal official required to carry a firearm;
79 (c) a peace officer of this or any other jurisdiction;
80 (d) a law enforcement official as defined and qualified under Section 53-5-711 ;
81 (e) a judge as defined and qualified under Section 53-5-711 ;
82 (f) a common carrier while engaged in the regular and ordinary transport of firearms as
83 merchandise; or
84 (g) a nonresident traveling in or through the state, provided that any firearm is:
85 (i) unloaded; and
86 (ii) securely encased as defined in Section 76-10-501 .
87 (2) The provisions of Subsections 76-10-504 (1)[
88 76-10-505 do not apply to any person to whom a permit to carry a concealed firearm has been
90 (a) pursuant to Section 53-5-704 ; or
91 (b) by another state or county.
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