Chief Sponsor: A. Cory Maloy

Senate Sponsor: ____________


9     General Description:
10          This bill suspends the requirement to have a concealed carry permit to carry a firearm
11     during a declared state of emergency.
12     Highlighted Provisions:
13          This bill:
14          ▸     suspends the requirement to have a concealed carry permit if:
15               •     the person may lawfully possess a firearm; and
16               •     a state of emergency has been declared locally or statewide; and
17          ▸     limits the suspension to the area over which the state of emergency extends.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          53-2a-214, as renumbered and amended by Laws of Utah 2013, Chapter 295

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 53-2a-214 is amended to read:

28          53-2a-214. Prohibition of restrictions on and confiscation of a firearm or
29     ammunition during an emergency.
30          (1) As used in this section:
31          (a) (i) "Confiscate" means for an individual in Utah to intentionally deprive another of
32     a privately owned firearm.
33          (ii) "Confiscate" does not include the taking of a firearm from an individual:
34          (A) in self-defense;
35          (B) possessing a firearm while the individual is committing a felony or misdemeanor;
36     or
37          (C) who may not, under state or federal law, possess the firearm.
38          (b) "Firearm" has the same meaning as defined in Section 76-10-501.
39          (2) During a declared state of emergency or local emergency under this part:
40          (a) neither the governor nor an agency of a governmental entity or political subdivision
41     of the state may impose restrictions, which were not in force before the declared state of
42     emergency, on the lawful possession, transfer, sale, transport, storage, display, or use of a
43     firearm or ammunition; [and]
44          (b) an individual, while acting or purporting to act on behalf of the state or a political
45     subdivision of the state, may not confiscate a privately owned firearm of another individual;
46     and
47          (c) the requirement to have a permit to carry a concealed firearm, in accordance with
48     Sections 53-5-704 and 53-5-705, is suspended in the area over which the state of emergency
49     applies for any individual who may lawfully own a firearm.
50          (3) A law or regulation passed during a declared state of emergency that does not relate
51     specifically to the lawful possession or use of a firearm and that has attached criminal penalties
52     may not be used to justify the confiscation of a firearm from an individual acting in defense of
53     self, property, or others when on:
54          (a) the individual's private property; or
55          (b) the private property of another as an invitee.
56          (4) (a) An individual who has a firearm confiscated in violation of Subsection (2) may
57     bring a civil action in a court having the appropriate jurisdiction:
58          (i) for damages, in the maximum amount of $10,000, against a person who violates

59     Subsection (2);
60          (ii) for a civil penalty, in the amount of $5,000 per violation, against a person who
61     violates Subsection (2); and
62          (iii) for return of the confiscated firearm.
63          (b) As used in this Subsection (4), "person" means an individual, the governmental
64     entity on whose behalf the individual is acting or purporting to act, or both the individual and
65     the governmental entity.
66          (5) (a) A law enforcement officer is not subject to disciplinary action for refusing to
67     confiscate a firearm under this section if:
68          (i) ordered or directed to do so by a superior officer; and
69          (ii) by obeying the order or direction, the law enforcement officer would be committing
70     a violation of this section.
71          (b) For purposes of this Subsection (5), disciplinary action might include:
72          (i) dismissal, suspension, or demotion;
73          (ii) loss of or decrease in benefits, pay, privileges or conditions of employment; and
74          (iii) any type of written or electronic indication, permanent or temporary, on the
75     officer's personnel record of the officer's refusal to obey the unlawful order.
76          (6) (a) If a law enforcement officer commits a violation of this section, the officer's
77     liability in an action brought under Subsection (4)(a) is limited to 5% of the damages and civil
78     penalty allowed under Subsection (4)(a) if the officer can show by clear and convincing
79     evidence that the officer was obeying a direct and unlawful order from a superior officer or
80     authority.
81          (b) The court shall assess the balance of the damages and civil penalty, the remaining
82     95%, against the superior officer or authority who ordered or directed the confiscation in
83     violation of this section.