Chief Sponsor: A. Cory Maloy

Senate Sponsor: Jacob L. Anderegg


9     General Description:
10          This resolution recognizes that the best manner to protect the vulnerable without
11     infringing on the right of the people to bear arms is to enforce the laws already found in
12     the Utah Code.
13     Highlighted Provisions:
14          This resolution:
15          ▸     provides an overview of weapons restrictions laws found in the Utah Code; and
16          ▸     recognizes that the best manner to protect the vulnerable without infringing on the
17     right of the people to bear arms is to enforce the laws already found in the Utah
18     Code.
19     Special Clauses:
20          None

22     Be it resolved by the Legislature of the state of Utah:
23          WHEREAS, efforts to reduce fatal violence must consider a wide range of measures,
24     including addressing mental health needs, in order to be truly effective;
25          WHEREAS, despite recent criminal and tragic occurrences, active weapon situations on
26     school grounds and in other public areas remain rare and efforts to address these tragedies must
27     consider the rights of law-abiding citizens;

28          WHEREAS, the Supreme Court of the United States has ruled that the Second
29     Amendment to the United States Constitution protects an individual's right to bear arms
30     unconnected with service in a militia;
31          WHEREAS, the Supreme Court of the United States has also ruled that the Second
32     Amendment to the United States Constitution protects an individual's right to use arms for
33     traditionally lawful purposes;
34          WHEREAS, the Constitution of the State of Utah also declares that "the individual
35     right of the people to keep and bear arms shall not be infringed";
36          WHEREAS, Utah has set an example for the nation by properly balancing the right of
37     citizens to responsibly bear arms with measures to protect the vulnerable and provide necessary
38     safeguards to those who pose a clear danger to themselves or to others;
39          WHEREAS, Sections 34-45-103 and 34-45-107 of the Utah Code establish that certain
40     establishments, such as schools, government entities, and religious organizations may restrict
41     firearm possession, storage, and transportation;
42          WHEREAS, Section 76-10-505.5 further clarifies that individuals with a concealed
43     firearm permit may possess a firearm on or about a school premises;
44          WHEREAS, Sections 76-10-509, 76-10-509.4, 76-10-509.5, 76-10-509.6, 76-10-509.7,
45     and 76-10-509.9 outline restrictions regarding the possession of a weapon by minors, including
46     the necessity of adult supervision and the obligation of an adult to remove a weapon from a
47     minor's possession under certain circumstances;
48          WHEREAS, Sections 62A-15-629, 62A-15-631, 62A-15-632, and 62A-15-703 all
49     describe the process by which one can be civilly committed for reasons related to mental
50     illness;
51          WHEREAS, Section 76-10-503 specifies that it is a third degree felony for anyone
52     classified as a Category II restricted person -- which includes anyone convicted of a felony and
53     anyone committed to a mental institution -- to knowingly purchase, transfer, possess, or use a
54     firearm;
55          WHEREAS, Section 53-5c-201 establishes that firearms may be voluntarily committed
56     to a law enforcement agency for safekeeping by an owner's cohabitant if they believe that
57     another cohabitant is an immediate threat to himself or herself, or another person;
58          WHEREAS, Section 76-9-804 restricts individuals convicted of a crime committed in

59     concert with two or more persons or in relation to a criminal street gang from possessing a
60     dangerous weapon;
61          WHEREAS, Section 77-20-10 allows a court to restrict a nondetained defendant
62     appealing their conviction from possessing a firearm during the course of their appeal;
63          WHEREAS, Section 77-36-5.1 establishes that a court may prohibit a perpetrator from
64     purchasing, using, or possessing a firearm or other specified weapon as condition for probation
65     or a plea in abeyance;
66          WHEREAS, Section 78B-7-106 establishes that upon finding that a respondent's use or
67     possession of a weapon may pose a serious threat of harm to an individual petitioning for a
68     protective order, a court may grant a prohibition on the respondent from purchasing, using, or
69     possessing a firearm or other weapon without notice;
70          WHEREAS, Section 78B-7-204 allows for child protective orders to prohibit a
71     respondent from purchasing, using, or possessing a firearm if it is found that the respondent's
72     use or possession of a weapon may pose a serious threat of harm to the minor;
73          WHEREAS, Section 78B-7-404 establishes that a dating violence protective order may
74     include prohibiting a respondent from possessing a firearm if there is clear and convincing
75     evidence that the respondent's use or possession of a firearm poses a serious threat of harm to
76     the petitioner or the designated family or household member;
77          WHEREAS, Section 76-10-507 states clearly that possessing a dangerous weapon with
78     intent to use it to commit a criminal offense is a class A misdemeanor; and
79          WHEREAS, the code sections cited within this resolution are among the laws that
80     provide the necessary protections for those with reason to suspect fatal violence without
81     compromising vital constitutional rights:
82          NOW, THEREFORE, BE IT RESOLVED that the Legislature recognizes that the state
83     of Utah serves as an example to the nation in how to protect the vulnerable without infringing
84     on the right of the people to bear arms.
85          BE IT FURTHER RESOLVED that the Legislature recognizes that the laws already
86     found in the Utah Code provide sufficient tools for protecting its citizens from the threat of
87     fatal violence.
88          BE IT FURTHER RESOLVED that the Legislature encourages law enforcement
89     agencies and officers, mental health professionals, and all citizens to become familiar with the

90     content of the laws outlined in this resolution that they may be properly utilized for the benefit
91     and safety of the state.