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S.B. 36
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PREVENTION OF CHILD ACCESS TO
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FIREARMS
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2004 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Paula F. Julander
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LONG TITLE
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General Description:
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This bill modifies the Utah Criminal Code and Judicial Code.
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Highlighted Provisions:
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This bill:
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. creates a crime for negligent storage of a firearm and provides affirmative defenses
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to the alleged crime;
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. requires a licensed firearm dealer to provide written warning of possible prosecution
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and civil suit for negligent storage of a firearm and provides a criminal penalty to
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dealers who violate this requirement;
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. creates a civil cause of action for negligent storage of a firearm; and
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. provides a statute of limitation.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill takes effect on July 1, 2004.
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Utah Code Sections Affected:
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ENACTS:
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76-10-509.1, Utah Code Annotated 1953
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76-10-527.5, Utah Code Annotated 1953
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78-11-6.3, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-10-509.1
is enacted to read:
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76-10-509.1. Criminally negligent storage of a firearm -- Affirmative defenses --
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Penalty.
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(1) A person is guilty of a class B misdemeanor if:
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(a) notwithstanding Section
76-10-502
, the person keeps a firearm that has ammunition
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in the chamber, cylinder, or magazine in a condition that the firearm can be discharged within a
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premise which is under the person's custody or control;
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(b) the person knows or reasonably should know that a minor is likely to gain access to
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the firearm without the permission of the minor's parent, legal guardian, or property owner
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where the firearm is stored; and
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(c) the minor obtains access to the firearm and by discharging it causes death or bodily
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injury to the minor or another person.
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(2) It is an affirmative defense to Subsection (1) if:
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(a) the minor obtains the firearm as a result of an unlawful entry to any premises by any
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person;
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(b) the firearm is kept in a locked container or in a location which a reasonable person
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would believe to be secure;
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(c) the firearm is carried on the person or within a close proximity so that the person
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can readily retrieve and use the firearm as if carried on the person;
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(d) the firearm is secured with a locking device;
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(e) the person is authorized to possess a weapon under Subsection
76-10-505.5
(3)(b) or
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(c) or Section
76-10-523
and the minor obtains the firearm during, or incidental to, the
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performance of the person's duties;
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(f) the minor obtains, or obtains and discharges, the firearm in a lawful act of
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self-defense or defense of another person; or
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(g) the person who keeps a firearm on a premise which is under the person's custody or
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control has no reasonable expectation, based on objective facts and circumstances, that a minor
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is likely to be present on the premises.
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(3) The definitions in Section
78-11-6.3
apply to this section.
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Section 2.
Section
76-10-527.5
is enacted to read:
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76-10-527.5. Dealer requirement for firearm warning -- Penalty.
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(1) Upon the retail sale or transfer of a firearm, the retail dealer or the dealer's
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employee shall deliver to the purchaser or transferee the following written warning, printed in
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block letters not less than 1/4 of an inch in height:
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"AN ADULT CAN BE PROSECUTED AND SUED FOR LEAVING A
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FIREARM WITHIN EASY ACCESS OF A MINOR. FIREARMS SHOULD
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BE SECURED WITH A LOCKING DEVICE OR SECURELY STORED IN A
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LOCKED BOX, CONTAINER, OR OTHER LOCATION."
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(2) A wholesale or retail dealer of firearms shall conspicuously post at each purchase
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counter the same written warning required under Subsection (1).
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(3) A retail or wholesale dealer of firearms who violates Subsection (1) or (2) is guilty
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of a class C misdemeanor.
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Section 3.
Section
78-11-6.3
is enacted to read:
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78-11-6.3. Negligent storage of a firearm -- Definitions -- Affirmative defenses --
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Civil action.
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(1) As used in this section and Section
76-10-509.1
:
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(a) "Bodily injury" means a physical injury as defined in Section
76-1-601
.
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(b) "Firearm" means a pistol, revolver, shotgun, sawed-off shotgun, rifle or sawed-off
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rifle, or a device that could be used as a dangerous weapon, as defined in Section
76-10-501
,
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from which a projectile is expelled by action of an explosive.
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(c) "Locked container" means a secure container which is fully enclosed and locked by
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a padlock, key lock, combination lock, or similar locking device.
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(d) "Locking device" means a device which temporarily prevents a firearm from
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functioning.
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(e) "Minor" means a person who is younger than 18.
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(2) As provided in Section
78-11-6
, when death or bodily injury is caused by the
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negligent storage of a firearm by another person and the dead or injured person:
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(a) is a minor, an action for the death or bodily injury of the minor may be maintained
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by the minor's parent or legal guardian; or
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(b) is a person other than a minor:
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(i) the injured person may maintain an action for the person's bodily injury; or
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(ii) the heirs or the personal representative of the person may maintain an action for the
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death of the person.
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(3) A person commits the act of negligent storage of a firearm if:
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(a) the person keeps a firearm that has ammunition in the chamber, cylinder, or
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magazine in a condition that it can be discharged within a premise which is under the person's
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custody or control;
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(b) the person knows or reasonably should know that a minor is likely to gain access to
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the firearm without the permission of the minor's parent, legal guardian, or property owner
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where the firearm is stored; and
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(c) the minor obtains access to the firearm and by discharging it causes death or bodily
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injury to the minor or another person.
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(4) It is an affirmative defense to Subsection (3) that:
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(a) the minor obtains the firearm as a result of an unlawful entry to any premises by any
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person;
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(b) the firearm is kept in a locked container or in a location which a reasonable person
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would believe to be secure;
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(c) the firearm is carried on the person or within a close proximity so that the person
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can readily retrieve and use the firearm as if carried on the person;
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(d) the firearm is secured with a locking device;
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(e) the person is authorized to possess a weapon under Subsection
76-10-505.5
(3)(b) or
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(c) or Section
76-10-523
and the minor obtains the firearm during, or incidental to, the
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performance of the person's duties;
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(f) the minor obtains, or obtains and discharges, the firearm in a lawful act of
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self-defense or defense of another person; or
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(g) the person who keeps a firearm on a premise which is under the person's custody or
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control has no reasonable expectation, based on objective facts and circumstances, that a minor
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is likely to be present on the premise.
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(5) This section does not supersede any other cause of action.
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(6) An action based upon a cause of action under this section shall be commenced
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within two years of the date of the injury.
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Section 4. Effective date.
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This bill takes effect on July 1, 2004.
Legislative Review Note
as of 9-16-03 7:53 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.