H.B. 380 Enrolled

1

FIREARM LAWS AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen E. Sandstrom
5 Senate Sponsor: Margaret Dayton
6 Cosponsors:
7 Bradley M. Daw
8 Craig A. FrankKerry W. Gibson
Keith Grover
Curtis OdaPaul Ray
Ryan D. Wilcox
Carl Wimmer 9
10 LONG TITLE
11 General Description:
12 This bill modifies Title 53, Chapter 5a, Firearm Laws, regarding the discharge of a
13 firearm by a concealed firearm permit holder on private property.
14 Highlighted Provisions:
15 This bill:
16 . provides that a private property owner is not civilly or criminally liable for any harm
17 or damages resulting from discharge of a firearm by a person who holds a concealed
18 firearm permit while on the owner's property; and
19 . provides that the exemption from liability does not apply if the property owner
20 solicits, requests, commands, encourages, or intentionally aids the permit holder in
21 discharging the firearm while on the owner's property.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 ENACTS:
28 53-5a-103, Utah Code Annotated 1953
29

30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 53-5a-103 is enacted to read:
32 53-5a-103. Discharge of firearm on private property -- Liability.
33 (1) Except as provided under Subsection (2), a private property owner, who knowingly
34 allows a person who has a permit to carry a concealed firearm under Section 53-5-704 to bring
35 the firearm onto the owner's property, is not civilly or criminally liable for any damage or harm
36 resulting from the discharge of the firearm by the permit holder while on the owner's property.
37 (2) Subsection (1) does not apply if the property owner solicits, requests, commands,
38 encourages, or intentionally aids the concealed firearm permit holder in discharging the firearm
39 while on the owner's property.