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Third Substitute S.B. 24
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Senate Committee Amendments 2-21-2006 sm/jlw
This document includes Senate Committee Amendments incorporated into the bill on
Tue, Feb 21, 2006 at 1:16 PM by smaeser. -->
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill
on Fri, Feb 24, 2006 at 11:16 AM by rday. -->
Senator Mark B. Madsen proposes the following substitute bill:
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WEAPONS AMENDMENTS
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2006 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Mark B. Madsen
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House Sponsor:
Aaron Tilton
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LONG TITLE
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General Description:
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This bill modifies provisions of the Utah Criminal Code S. [
dealing with the possession
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and carrying of weapons.
] .S
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Highlighted Provisions:
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This bill:
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. modifies the definition of "securely encased";
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. creates residence and property exceptions to the criminal penalty provisions for
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carrying a concealed firearm, without having a concealed firearm permit; and
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. allows for the possession of a loaded firearm, concealed firearm, and loaded and
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concealed firearm at a person's place of residence or on the person's real property.
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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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None
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Utah Code Sections Affected:
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AMENDS:
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76-10-501, as last amended by Chapter 111, Laws of Utah 2001
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76-10-504, as last amended by Chapter 2, Laws of Utah 2005
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76-10-511, as last amended by Chapter 234, Laws of Utah 1993
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-10-501
is amended to read:
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76-10-501. Definitions.
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As used in this part:
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(1) (a) "Antique firearm" means any firearm:
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(i) (A) with a matchlock, flintlock, percussion cap, or similar type of ignition system;
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and
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(B) that was manufactured in or before 1898; or
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(ii) that is a replica of any firearm described in this Subsection (1)(a), if the replica:
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(A) is not designed or redesigned for using rimfire or conventional centerfire fixed
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ammunition; or
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(B) uses rimfire or centerfire fixed ammunition which is:
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(I) no longer manufactured in the United States; and
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(II) is not readily available in ordinary channels of commercial trade; or
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(iii) (A) that is a muzzle loading rifle, shotgun, or pistol; and
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(B) is designed to use black powder, or a black powder substitute, and cannot use fixed
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ammunition.
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(b) "Antique firearm" does not include:
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(i) any weapon that incorporates a firearm frame or receiver;
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(ii) any firearm that is converted into a muzzle loading weapon; or
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(iii) any muzzle loading weapon that can be readily converted to fire fixed ammunition
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by replacing the:
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(A) barrel;
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(B) bolt;
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(C) breechblock; or
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(D) any combination of Subsection (1)(b)(iii)(A), (B), or (C).
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(2) (a) "Concealed dangerous weapon" means a dangerous weapon that is covered,
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hidden, or secreted in a manner that the public would not be aware of its presence and is readily
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accessible for immediate use.
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(b) A dangerous weapon shall not be considered a concealed dangerous weapon if it is a
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firearm which is unloaded and is securely encased.
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(3) "Criminal history background check" means a criminal background check
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conducted by a licensed firearms dealer on every purchaser of a handgun through the division
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or the local law enforcement agency where the firearms dealer conducts business.
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(4) "Curio or relic firearm" means any firearm that:
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(a) is of special interest to a collector because of a quality that is not associated with
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firearms intended for:
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(i) sporting use;
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(ii) use as an offensive weapon; or
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(iii) use as a defensive weapon;
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(b) (i) was manufactured at least 50 years prior to the current date; and
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(ii) is not a replica of a firearm described in Subsection (4)(b)(i);
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(c) is certified by the curator of a municipal, state, or federal museum that exhibits
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firearms to be a curio or relic of museum interest;
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(d) derives a substantial part of its monetary value:
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(i) from the fact that the firearm is:
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(A) novel;
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(B) rare; or
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(C) bizarre; or
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(ii) because of the firearm's association with an historical:
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(A) figure;
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(B) period; or
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(C) event; and
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(e) has been designated as a curio or relic firearm by the director of the United States
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Treasury Department Bureau of Alcohol, Tobacco, and Firearms under 27 C.F.R. Sec. 178.11.
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(5) (a) "Dangerous weapon" means any item that in the manner of its use or intended
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use is capable of causing death or serious bodily injury. The following factors shall be used in
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determining whether a knife, or any other item, object, or thing not commonly known as a
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dangerous weapon is a dangerous weapon:
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(i) the character of the instrument, object, or thing;
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(ii) the character of the wound produced, if any;
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(iii) the manner in which the instrument, object, or thing was used; and
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(iv) the other lawful purposes for which the instrument, object, or thing may be used.
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(b) "Dangerous weapon" does not include any explosive, chemical, or incendiary
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device as defined by Section
76-10-306
.
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(6) "Dealer" means every person who is licensed under crimes and criminal procedure,
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18 U.S.C. 923 and engaged in the business of selling, leasing, or otherwise transferring a
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handgun, whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
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(7) "Division" means the Criminal Investigations and Technical Services Division of
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the Department of Public Safety, created in Section
53-10-103
.
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(8) "Enter" means intrusion of the entire body.
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(9) (a) "Firearm" means a pistol, revolver, shotgun, sawed-off shotgun, rifle or
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sawed-off rifle, or any device that could be used as a dangerous weapon from which is expelled
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a projectile by action of an explosive.
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(b) As used in Sections
76-10-526
and
76-10-527
, "firearm" does not include an
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antique firearm.
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(10) "Firearms transaction record form" means a form created by the division to be
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completed by a person purchasing, selling, or transferring a handgun from a dealer in the state.
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(11) "Fully automatic weapon" means any firearm which fires, is designed to fire, or
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can be readily restored to fire, automatically more than one shot without manual reloading by a
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single function of the trigger.
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(12) (a) "Handgun" means a pistol, revolver, or other firearm of any description, loaded
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or unloaded, from which any shot, bullet, or other missile can be discharged, the length of
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which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches.
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(b) As used in Sections
76-10-520
,
76-10-521
, and
76-10-522
, "handgun" and "pistol
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or revolver" do not include an antique firearm.
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(13) "House of worship" means a church, temple, synagogue, mosque, or other
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building set apart primarily for the purpose of worship in which religious services are held and
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the main body of which is kept for that use and not put to any other use inconsistent with its
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primary purpose.
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(14) "Prohibited area" means any place where it is unlawful to discharge a firearm.
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(15) "Readily accessible for immediate use" means that a firearm or other dangerous
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weapon is carried on the person or within such close proximity and in such a manner that it can
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be retrieved and used as readily as if carried on the person.
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(16) "Residence" means an improvement to real property used or occupied as a primary
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or secondary residence.
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(17) "Sawed-off shotgun" or "sawed-off rifle" means a shotgun having a barrel or
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barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or barrels of
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fewer than 16 inches in length, or any dangerous weapon made from a rifle or shotgun by
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alteration, modification, or otherwise, if the weapon as modified has an overall length of fewer
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than 26 inches.
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(18) "Securely encased" means not readily accessible for immediate use, such as held
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in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other
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storage area of a motor vehicle S. [[] , []] .S [not] S. [[] including a glove box or console box []] .S .
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(19) "State entity" means each department, commission, board, council, agency,
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institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
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unit, bureau, panel, or other administrative unit of the state.
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(20) "Violent felony" means the same as defined in Section
76-3-203.5
.
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Section 2.
Section
76-10-504
is amended to read:
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76-10-504. Carrying concealed dangerous weapon -- Penalties.
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(1) Except as provided in Section
76-10-503
and in Subsections (2) and (3) S. and for
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persons described in 18 U.S.C. 922(g) .S :
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(a) a person who carries a concealed dangerous weapon, as defined in Section
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76-10-501
, which is not a firearm on his person or one that is readily accessible for immediate
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use which is not securely encased, as defined in this part, in a place other than his residence,
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property, or business under his control is guilty of a class B misdemeanor; and
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(b) a person without a valid concealed firearm permit who carries a concealed
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dangerous weapon which is a firearm S. in a place other than the person's residence or real
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property [
and that
] :
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(i) is guilty of a class B misdemeanor if the firearm .S contains no ammunition S. [
, in
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a place other than
]
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the person's residence or property,] ; and
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(ii) .S is guilty of a class S. [
B
] A .S misdemeanor S. [
, but
] .S if the firearm
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contains ammunition S. [
the person is guilty of a class A misdemeanor
] .S .
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(2) A person who carries concealed a sawed-off shotgun or a sawed-off rifle is guilty of
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a second degree felony.
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(3) If the concealed firearm is used in the commission of a violent felony as defined in
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Section
76-3-203.5
, and the person is a party to the offense, the person is guilty of a second
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degree felony.
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(4) Nothing in Subsection (1) [shall prohibit] prohibits a person engaged in the lawful
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taking of protected or unprotected wildlife as defined in Title 23, Wildlife Resources Code,
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from carrying a concealed weapon or a concealed firearm with a barrel length of four inches or
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greater as long as the taking of wildlife does not occur:
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(a) within the limits of a municipality in violation of that municipality's ordinances; or
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(b) upon the highways of the state as defined in Section
41-6a-102
.
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Section 3.
Section
76-10-511
is amended to read:
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76-10-511. Possession of loaded weapon authorized at specific locations.
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Except for persons described in Section
76-10-503 S. and 18 U.S.C. 922(g) .S
, a person
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may have a loaded firearm,
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concealed firearm, or loaded and concealed firearm:
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(1) at [his] the person's place of residence, including any temporary residence or
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camp[.]; or
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(2) on the person's S. real .S property.
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