7 LONG TITLE
8 General Description:
9 This bill addresses liability for the discharge of a firearm custodian's firearm.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms; and
13 ▸ describes the circumstances under which a firearm owner or possessor is strictly
14 liable for damage caused by the discharge of the firearm.
15 Money Appropriated in this Bill:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 53-5a-103.5, Utah Code Annotated 1953
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 53-5a-103.5 is enacted to read:
25 53-5a-103.5. Liability of firearm custodian.
26 (1) As used in this section:
27 (a) "Firearm" means the same as that term is defined in Section 76-10-501.
28 (b) "Firearm custodian" means a person who owns or knowingly possesses a firearm.
29 (c) "Peace officer" means:
30 (i) an animal control officer as that term is defined in Section 11-46-102; or
31 (ii) a law enforcement officer as that term is defined in Section 53-13-103.
32 (2) A firearm custodian is strictly liable for personal injury or property damage
33 proximately caused by the discharge of the firearm custodian's firearm if the discharge results
34 from conduct that constitutes a felony, regardless of whether the individual who engages in the
35 conduct is charged with a felony.
36 (3) A firearm custodian is not strictly liable for personal injury or property damage
37 proximately caused by the discharge of the firearm custodian's firearm if:
38 (a) (i) the individual causing the discharge takes the firearm custodian's firearm without
39 the firearm custodian's permission; and
40 (ii) the firearm custodian:
41 (A) reports the theft to the police before the discharge;
42 (B) fails to discover and report the theft despite the firearm custodian's exercise of
43 reasonable care in storing and securing the firearm; or
44 (C) is not reasonably able to report the theft before the discharge occurs;
45 (b) the discharge occurs in self defense or is otherwise legally justified; or
46 (c) the firearm custodian is a peace officer who discharges the peace officer's firearm in
47 the course of the peace officer's official duties.