Download Zipped Introduced WP 8.0 SB0016.ZIP 9,186 Bytes
[Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 16
1
CHILD FIREARM ACCESS PREVENTION
2
AMENDMENTS
3
2000 GENERAL SESSION
4
STATE OF UTAH
5
Sponsor: Paula F. Julander
6
AN ACT RELATING TO THE CRIMINAL CODE AND THE JUDICIAL CODE; CREATING
7
A CRIME FOR NEGLIGENT STORAGE OF A FIREARM WITH EXCEPTIONS AND A
8
PENALTY; REQUIRING A LICENSED FIREARM DEALER TO PROVIDE WRITTEN
9
WARNING OF POSSIBLE PROSECUTION AND CIVIL SUIT FOR NEGLIGENT STORAGE
10
OF A FIREARM AND PROVIDING A CRIMINAL PENALTY; CREATING A CIVIL CAUSE
11
OF ACTION FOR NEGLIGENT STORAGE OF A FIREARM; PROVIDING DEFINITIONS;
12
PROVIDING DISCRETION FOR PROSECUTOR AND ARRESTING OFFICER;
13
ESTABLISHING A DAMAGE CAP; AND PROVIDING A STATUTE OF LIMITATION.
14
This act affects sections of Utah Code Annotated 1953 as follows:
15
ENACTS:
16
76-10-509.1, Utah Code Annotated 1953
17
76-10-527.5, Utah Code Annotated 1953
18
78-11-6.3, Utah Code Annotated 1953
19
Be it enacted by the Legislature of the state of Utah:
20
Section 1.
Section
76-10-509.1
is enacted to read:
21
76-10-509.1. Criminally negligent storage of a firearm -- Exceptions -- Penalty.
22
(1) A person is guilty of a class B misdemeanor if:
23
(a) notwithstanding the provisions of Section
76-10-502
, the person keeps any firearm that
24
has ammunition in the chamber, cylinder, or magazine in a condition that the firearm can be
25
discharged within any premise which is under the person's custody or control;
26
(b) the person knows or reasonably should know that a minor is likely to gain access to the
27
firearm without the permission of the minor's parent, legal guardian, or property owner where the
28
firearm is stored; and
29
(c) the minor obtains access to the firearm and thereby causes death or bodily injury to
30
himself or any other person.
31
(2) This section does not apply if any of the following occur:
32
(a) the minor obtains the firearm as a result of an unlawful entry to any premises by any
33
person;
34
(b) the firearm is kept in a locked container or in a location which a reasonable person
35
would believe to be secure;
36
(c) the firearm is carried on the person or within a close proximity so that the person can
37
readily retrieve and use the firearm as if carried on the person;
38
(d) the firearm is equipped with an external locking device;
39
(e) the person is authorized to possess a weapon under Sections
53A-3-502
and
76-10-523
40
and the minor obtains the firearm during, or incidental to, the performance of the person's duties;
41
(f) the minor obtains, or obtains and discharges, the firearm in a lawful act of self-defense
42
or defense of another person; or
43
(g) the person who keeps a firearm on any premise which is under the person's custody or
44
control has no reasonable expectation, based on objective facts and circumstances, that a minor
45
is likely to be present on the premises.
46
Section 2.
Section
76-10-527.5
is enacted to read:
47
76-10-527.5. Dealer requirement for firearm warning -- Penalty.
48
(1) Upon the retail sale or transfer of any firearm, the retail dealer or the dealer's employee
49
shall deliver to the purchaser or transferee the following written warning, printed in block letters
50
not less than 1/4 of an inch in height:
51
"AN ADULT CAN BE PROSECUTED AND SUED FOR LEAVING A
52
FIREARM WITHIN EASY ACCESS OF A MINOR. FIREARMS SHOULD BE
53
SECURED WITH A LOCKING DEVICE OR SECURELY STORED IN A
54
LOCKED BOX, CONTAINER, OR OTHER LOCATION."
55
(2) Every wholesale and retail dealer of firearms shall conspicuously post at each purchase
56
counter the same warning as provided in Subsection (1).
57
(3) Any retail or wholesale dealer of firearms who violates this section is guilty of a class
58
C misdemeanor.
59
Section 3.
Section
78-11-6.3
is enacted to read:
60
78-11-6.3. Negligent storage of a firearm -- Definitions -- Exceptions -- Provisions for
61
civil action.
62
(1) As used in this section:
63
(a) "Bodily injury" means any physical injury as defined in Section
76-1-601
.
64
(b) "External locking device" means a device which temporarily prevents the firearm from
65
functioning.
66
(c) "Firearm" means any pistol, revolver, shotgun, sawed-off shotgun, rifle or sawed-off
67
rifle, or any device that could be used as a dangerous weapon, as defined in Section
76-10-501
,
68
from which is expelled a projectile by action of an explosive.
69
(d) "Locked container" means a secure container which is fully enclosed and locked by a
70
padlock, key lock, combination lock, or similar locking device.
71
(e) "Minor" means a person who is 17 years of age or less.
72
(2) As provided in Section
78-11-6
, when death or bodily injury is caused by the negligent
73
storage of a firearm by another person and the dead or injured person:
74
(a) is a minor, an action for the death or bodily injury of the minor may be maintained by
75
the minor's parent or legal guardian; or
76
(b) is a person other than a minor:
77
(i) the injured person may maintain an action for his bodily injury; or
78
(ii) the heirs or the personal representative of the person may maintain an action for the
79
death of the person.
80
(3) Except as provided in Subsection (4), a person commits the act of negligent storage
81
of a firearm if:
82
(a) the person keeps any firearm that has ammunition in the chamber, cylinder, or
83
magazine in a condition that it can be discharged within any premise which is under the person's
84
custody or control;
85
(b) the person knows or reasonably should know that a minor is likely to gain access to the
86
firearm without the permission of the minor's parent, legal guardian, or property owner where the
87
firearm is stored; and
88
(c) the minor obtains access to the firearm and thereby causes death or bodily injury to
89
himself or any other person.
90
(4) Subsection (3) does not apply if any of the following occur:
91
(a) the minor obtains the firearm as a result of an unlawful entry to any premises by any
92
person;
93
(b) the firearm is kept in a locked container or in a location which a reasonable person
94
would believe to be secure;
95
(c) the firearm is carried on the person or within a close proximity so that the person can
96
readily retrieve and use the firearm as if carried on the person;
97
(d) the firearm is equipped with an external locking device;
98
(e) the person is authorized to possess a weapon under Sections
53A-3-502
and
76-10-523
99
and the minor obtains the firearm during, or incidental to, the performance of the person's duties;
100
(f) the minor obtains, or obtains and discharges, the firearm in a lawful act of self-defense
101
or defense of another person; or
102
(g) the person who keeps a firearm on any premise which is under the person's custody or
103
control has no reasonable expectation, based on objective facts and circumstances, that a minor
104
is likely to be present on the premise.
105
(5) (a) If the person who allegedly violated this section is the parent or guardian of a child
106
who is injured or who dies as the result of an accidental shooting, the prosecuting attorney shall
107
consider, among other factors, the impact of the injury or death on the person alleged to have
108
violated this section when deciding whether to prosecute an alleged violation.
109
(b) It is the Legislature's intent that a parent or guardian of a child who is injured or who
110
dies as the result of an accidental shooting shall be prosecuted only in those instances in which the
111
parent or guardian behaved in a grossly negligent manner or where similarly egregious
112
circumstances exist.
113
(c) This Subsection (5) shall not otherwise restrict, in any manner, the factors that a
114
prosecuting attorney may consider when deciding whether to prosecute alleged violations of this
115
section.
116
(6) (a) If the person who allegedly violated this section is the parent or guardian of a child
117
who is injured or who dies as the result of an accidental shooting, no arrest of the person for the
118
alleged violation of this section shall occur until at least seven days after the date upon which the
119
accidental shooting occurred.
120
(b) In addition to the limitation contained in this Subsection (6), a law enforcement officer
121
shall consider the health status of a child who suffers great bodily injury as the result of an
122
accidental shooting prior to arresting a person for a violation of this section, if the person to be
123
arrested is the parent or guardian of the injured child. The intent of this subsection is to encourage
124
law enforcement officials to delay the arrest of a parent or guardian of a seriously injured child
125
while the child remains on life-support equipment or is in a similarly critical medical condition.
126
(7) The provisions of this section do not supersede any other cause of action.
127
(8) The total amount of damages that may be awarded to any person pursuant to a cause
128
of action under this section that arises after July 1, 2000, is limited to $500,000.
129
(9) An action based upon a cause of action under this chapter shall be commenced within
130
two years after the date of the injury.
Legislative Review Note
as of 12-14-99 1:17 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.