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7 LONG TITLE
8 General Description:
9 This bill clarifies that the Legislature has preempted the field of firearm regulation for
10 the state.
11 Highlighted Provisions:
12 This bill:
13 ▸ creates the Firearms Preemption Enforcement Act;
14 ▸ clarifies preemption of the field of firearms regulation;
15 ▸ defines terms;
16 ▸ outlines violations of legislative preemption;
17 ▸ provides for civil action for a violation of legislative preemption;
18 ▸ outlines remedies and fines for violating legislative preemption;
19 ▸ addresses governmental immunity; and
20 ▸ makes technical changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 53-5a-102, as last amended by Laws of Utah 2013, Chapter 278
28 76-10-500, as enacted by Laws of Utah 1999, Chapter 5
29 76-10-501, as last amended by Laws of Utah 2015, Chapters 212 and 406
30 ENACTS:
31 78B-6-2201, Utah Code Annotated 1953
32 78B-6-2202, Utah Code Annotated 1953
33 78B-6-2203, Utah Code Annotated 1953
34 78B-6-2204, Utah Code Annotated 1953
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 53-5a-102 is amended to read:
38 53-5a-102. Uniform firearm laws.
39 (1) In addition to the definitions in Section 76-10-501, "local authority" and "state
40 agency" mean the same as those terms are defined in Section 78B-6-2202.
41 (2) The individual right to keep and bear arms being a constitutionally protected right
42 under Article I, Section 6 of the Utah Constitution and the Second Amendment to the United
43 States Constitution, the Legislature finds the need to provide uniform civil and criminal firearm
44 laws throughout the state, and declares that the Legislature occupies the whole field of state
45 regulation of firearms and ammunition.
46 [
47 may not:
48 (a) prohibit an individual from owning, possessing, purchasing, selling, transferring,
49 transporting, or keeping a firearm at the individual's place of residence, property, business, or
50 in any vehicle lawfully in the individual's possession or lawfully under the individual's control;
51 or
52 (b) require an individual to have a permit or license to purchase, own, possess,
53 transport, or keep a firearm, ammunition, or firearm accessory.
54 [
55 uniformly applicable throughout this state and in all [
56
57 [
58 where the Legislature specifically delegates responsibility to a local [
59 state [
60 [
61 or state [
62 policy pertaining to firearms that in any way inhibits or restricts the possession, transfer, or use
63 of firearms on either public or private property.
64 [
65 [
66 [
67
68 (7) Nothing in this section restricts or expands private property rights.
69 Section 2. Section 76-10-500 is amended to read:
70 76-10-500. Uniform law.
71 (1) The individual right to keep and bear arms being a constitutionally protected right
72 under Article I, Section 6 of the Utah Constitution and the Second Amendment to the United
73 States Constitution, the Legislature finds the need to provide uniform civil and criminal laws
74 throughout the state, and declares that the Legislature occupies the whole field of state
75 regulation of firearms and ammunition.
76 (2) Except as specifically provided by state law, [
77
78 (a) [
79 transferring, transporting, or keeping any firearm [
80 the individual's place of residence, property, business, or in any vehicle lawfully in [
81 individual's possession or lawfully under [
82 (b) [
83 possess, transport, or keep a firearm, ammunition, or firearm accessory.
84 [
85 political subdivisions [
86 (4) [
87 except where the Legislature specifically delegates responsibility to a local [
88 authority or state [
89 (5) Unless specifically authorized by the Legislature by statute, a local authority or
90 state [
91 pertaining to firearms that in any way inhibits or restricts the possession or use of firearms,
92 ammunition, or a firearm accessory on either public or private property.
93 (6) Nothing in this part restricts or expands private property rights.
94 Section 3. Section 76-10-501 is amended to read:
95 76-10-501. Definitions.
96 As used in this part:
97 (1) (a) "Antique firearm" means:
98 (i) any firearm, including any firearm with a matchlock, flintlock, percussion cap, or
99 similar type of ignition system, manufactured in or before 1898; or
100 (ii) a firearm that is a replica of any firearm described in this Subsection (1)(a), if the
101 replica:
102 (A) is not designed or redesigned for using rimfire or conventional centerfire fixed
103 ammunition; or
104 (B) uses rimfire or centerfire fixed ammunition which is:
105 (I) no longer manufactured in the United States; and
106 (II) is not readily available in ordinary channels of commercial trade; or
107 (iii) (A) that is a muzzle loading rifle, shotgun, or pistol; and
108 (B) is designed to use black powder, or a black powder substitute, and cannot use fixed
109 ammunition.
110 (b) "Antique firearm" does not include:
111 (i) a weapon that incorporates a firearm frame or receiver;
112 (ii) a firearm that is converted into a muzzle loading weapon; or
113 (iii) a muzzle loading weapon that can be readily converted to fire fixed ammunition by
114 replacing the:
115 (A) barrel;
116 (B) bolt;
117 (C) breechblock; or
118 (D) any combination of Subsection (1)(b)(iii)(A), (B), or (C).
119 (2) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
120 within the Department of Public Safety.
121 (3) (a) "Concealed firearm" means a firearm that is:
122 (i) covered, hidden, or secreted in a manner that the public would not be aware of its
123 presence; and
124 (ii) readily accessible for immediate use.
125 (b) A firearm that is unloaded and securely encased is not a concealed firearm for the
126 purposes of this part.
127 (4) "Criminal history background check" means a criminal background check
128 conducted by a licensed firearms dealer on every purchaser of a handgun, except a Federal
129 Firearms Licensee, through the bureau or the local law enforcement agency where the firearms
130 dealer conducts business.
131 (5) "Curio or relic firearm" means a firearm that:
132 (a) is of special interest to a collector because of a quality that is not associated with
133 firearms intended for:
134 (i) sporting use;
135 (ii) use as an offensive weapon; or
136 (iii) use as a defensive weapon;
137 (b) (i) was manufactured at least 50 years before the current date; and
138 (ii) is not a replica of a firearm described in Subsection (5)(b)(i);
139 (c) is certified by the curator of a municipal, state, or federal museum that exhibits
140 firearms to be a curio or relic of museum interest;
141 (d) derives a substantial part of its monetary value:
142 (i) from the fact that the firearm is:
143 (A) novel;
144 (B) rare; or
145 (C) bizarre; or
146 (ii) because of the firearm's association with an historical:
147 (A) figure;
148 (B) period; or
149 (C) event; and
150 (e) has been designated as a curio or relic firearm by the director of the United States
151 Treasury Department Bureau of Alcohol, Tobacco, and Firearms under 27 C.F.R. Sec. 478.11.
152 (6) (a) "Dangerous weapon" means:
153 (i) a firearm; or
154 (ii) an object that in the manner of its use or intended use is capable of causing death or
155 serious bodily injury.
156 (b) The following factors are used in determining whether any object, other than a
157 firearm, is a dangerous weapon:
158 (i) the location and circumstances in which the object was used or possessed;
159 (ii) the primary purpose for which the object was made;
160 (iii) the character of the wound, if any, produced by the object's unlawful use;
161 (iv) the manner in which the object was unlawfully used;
162 (v) whether the manner in which the object is used or possessed constitutes a potential
163 imminent threat to public safety; and
164 (vi) the lawful purposes for which the object may be used.
165 (c) "Dangerous weapon" does not include an explosive, chemical, or incendiary device
166 as defined by Section 76-10-306.
167 (7) "Dealer" means a person who is:
168 (a) licensed under 18 U.S.C. Sec. 923; and
169 (b) engaged in the business of selling, leasing, or otherwise transferring a handgun,
170 whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
171 (8) "Enter" means intrusion of the entire body.
172 (9) "Federal Firearms Licensee" means a person who:
173 (a) holds a valid Federal Firearms License issued under 18 U.S.C. Sec. 923; and
174 (b) is engaged in the activities authorized by the specific category of license held.
175 (10) (a) "Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle or
176 short barreled rifle, or a device that could be used as a dangerous weapon from which is
177 expelled a projectile by action of an explosive.
178 (b) As used in Sections 76-10-526 and 76-10-527, "firearm" does not include an
179 antique firearm.
180 (11) "Firearms transaction record form" means a form created by the bureau to be
181 completed by a person purchasing, selling, or transferring a handgun from a dealer in the state.
182 (12) "Fully automatic weapon" means a firearm which fires, is designed to fire, or can
183 be readily restored to fire, automatically more than one shot without manual reloading by a
184 single function of the trigger.
185 (13) (a) "Handgun" means a pistol, revolver, or other firearm of any description, loaded
186 or unloaded, from which a shot, bullet, or other missile can be discharged, the length of which,
187 not including any revolving, detachable, or magazine breech, does not exceed 12 inches.
188 (b) As used in Sections 76-10-520, 76-10-521, and 76-10-522, "handgun" and "pistol
189 or revolver" do not include an antique firearm.
190 (14) "House of worship" means a church, temple, synagogue, mosque, or other
191 building set apart primarily for the purpose of worship in which religious services are held and
192 the main body of which is kept for that use and not put to any other use inconsistent with its
193 primary purpose.
194 (15) "Local authority" means the same as that term is defined in Section 78B-6-2202.
195 [
196 [
197 dangerous weapon is carried on the person or within such close proximity and in such a manner
198 that it can be retrieved and used as readily as if carried on the person.
199 [
200 primary or secondary residence.
201 [
202 held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other
203 storage area of a motor vehicle, not including a glove box or console box.
204 [
205 barrel or barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or
206 barrels of fewer than 16 inches in length, or a dangerous weapon made from a rifle or shotgun
207 by alteration, modification, or otherwise, if the weapon as modified has an overall length of
208 fewer than 26 inches.
209 [
210 containing pellets or a single slug.
211 [
212 against the shoulder.
213 [
214 [
215 agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory,
216 library, unit, bureau, panel, or other administrative unit of the state, including the Board of
217 Regents, each institution of higher education, and the institutional councils of each higher
218 education institution.
219 [
220 76-3-203.5.
221 Section 4. Section 78B-6-2201 is enacted to read:
222
223 78B-6-2201. Firearm Preemption Enforcement Act.
224 This part is known as the "Firearm Preemption Enforcement Act."
225 Section 5. Section 78B-6-2202 is enacted to read:
226 78B-6-2202. Definitions.
227 As used in this part:
228 (1) "Ammunition" means a bullet, a cartridge case, primer, propellant powder, or other
229 ammunition designed for use in any firearm, either as an individual component part or in a
230 completely assembled cartridge.
231 (2) "Firearm" means the same as that term is defined in Section 76-10-501.
232 (3) "Firearm accessory" means an item that is used in conjunction with or mounted
233 upon a firearm, firearm action, or firearm receiver, but is not essential to the basic function of a
234 firearm, including:
235 (a) a telescopic or laser sight;
236 (b) a magazine;
237 (c) a flash or sound suppressor;
238 (d) a folding or aftermarket stock or grip;
239 (e) a speed-loader;
240 (f) an ammunition carrier; and
241 (g) a light for target illumination.
242 (4) "Legislative preemption" means the preemption provided for in Sections 53-5a-102
243 and 76-10-500.
244 (5) "Local authority" means a county, city, town, metro township, local district, local
245 education agency, public school, special service district under Title 17D, Chapter 1, Special
246 Service District Act, an entity created by interlocal cooperation agreement under Title 11,
247 Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute
248 as a political subdivision of the state.
249 (6) "Local education agency" means a school district or charter school.
250 (7) "State agency" means the same as that term is defined in Section 76-10-501.
251 Section 6. Section 78B-6-2203 is enacted to read:
252 78B-6-2203. Violation of legislative preemption -- Exceptions.
253 (1) A local authority or state agency that violates legislative preemption by enacting or
254 causing to be enforced an ordinance, regulation, measure, directive, rule, enactment, order, or
255 policy that impinges upon the legislative preemption is liable as provided in this part.
256 (2) An ordinance, regulation, measure, directive, rule, enactment, order, or policy that
257 impinges upon legislative preemption is void.
258 (3) This part does not prohibit:
259 (a) a duly organized law enforcement agency from enacting and enforcing regulations
260 pertaining to firearms, ammunition, or firearm accessories issued to or used by a peace officer
261 in the course of the peace officer's official duties;
262 (b) a court or administrative law judge from hearing and resolving any case or
263 controversy or issuing any opinion or order on a matter consistent with state law within the
264 jurisdiction of that court or administrative law judge; or
265 (c) a rule of a correctional or mental health facility under Section 76-8-311.3.
266 Section 7. Section 78B-6-2204 is enacted to read:
267 78B-6-2204. Civil action -- Injunction -- Fines -- Penalties -- Immunity.
268 (1) If a local authority or state agency makes or causes to be enforced an ordinance,
269 regulation, measure, directive, rule, enactment, order, or policy in violation of this part, an
270 individual who is harmed, or an organization, described in Subsection (6), with a member who
271 is harmed by that action, may file suit against the local authority or state agency in any court of
272 this state having jurisdiction over the local authority or state agency.
273 (2) If the court determines that a local authority or state agency violated this part, the
274 court shall:
275 (a) order that the relevant ordinance, regulation, measure, directive, rule, enactment,
276 order, or policy is void;
277 (b) issue a permanent injunction against the local authority or state agency prohibiting
278 the local authority or state agency from enforcing the void ordinance, regulation, measure,
279 directive, rule, enactment, order, or policy;
280 (c) award to the plaintiff an amount equal to treble:
281 (i) actual damages, which includes the cost of time in bringing the civil action;
282 (ii) reasonable attorney fees and costs in accordance with the laws of this state; and
283 (iii) interest on the sums awarded pursuant to this Subsection (2) accrued at the legal
284 rate from the date on which suit is filed; and
285 (d) assess a fine of up to $500 against the local authority or state agency for each day
286 the local authority or state agency is found to have knowingly and willfully violated this part.
287 (3) (a) Amounts awarded under Subsection (2) are due 30 days from the day on which
288 the court awards the damages.
289 (b) Fines assessed under Subsection (2)(d) shall be deposited into the General Fund.
290 (4) A local authority or state agency may not claim as a defense that in enacting the
291 ordinance, regulation, measure, directive, rule, enactment, order, or policy that the local
292 authority or administrative agency is acting in good faith or upon advice of legal counsel.
293 (5) (a) Except when required by applicable law, public money may not be used to
294 defend or reimburse the unlawful conduct of an individual found to have knowingly and
295 willfully violated this part.
296 (b) To the extent permitted by the Utah Constitution, a knowing and willful violation
297 of this part by an individual acting in an official capacity for a local authority or state agency
298 enacting or causing to be enforced an ordinance, regulation, measure, directive, rule,
299 enactment, order, policy, or otherwise under color of law is cause for termination of
300 employment or contract, or removal from office in accordance with the applicable procedure
301 for termination of employment or contract, or removal from office.
302 (6) An organization registered under the laws of any state with a purpose to preserve
303 the right to keep and bear arms has standing to sue or join in any lawsuit described in this
304 section.
305 (7) Notwithstanding Title 63G, Chapter 7, Governmental Immunity Act of Utah, a state
306 agency, local authority, or individual acting in an official capacity for a state agency or local
307 authority that violates this part is not immune from suit or liability for the violation and not
308 subject to the requirements of Title 63G, Chapter 7, Governmental Immunity Act of Utah.