S.B. 157
1 RIGHTS OF CITIZENS TO CARRY
2 FIREARMS IN DECLARED EMERGENCY
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Mark B. Madsen
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill enacts provisions related to the lawful possession, transfer, sale, transport,
11 storage, display, or use of firearms during a declared state of emergency or local
12 emergency.
13 Highlighted Provisions:
14 This bill:
15 . provides that during a declared state of emergency or local emergency neither the
16 governor nor an agency of a governmental entity or political subdivision may
17 impose restrictions on the lawful possession, transfer, sale, transport, storage,
18 display, or use of a firearm or ammunition;
19 . provides that during a declared state of emergency an individual, while purporting
20 to act on behalf of the state or a political subdivision, may not confiscate a privately
21 owned firearm of another individual;
22 . provides exceptions to the confiscation prohibition; and
23 . provides a civil remedy for violation of the confiscation prohibition.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
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28
Utah Code Sections Affected:
29 ENACTS:
30 63-5a-12, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 63-5a-12 is enacted to read:
34 63-5a-12. Prohibition of restrictions on and confiscation of a firearm or
35 ammunition during an emergency.
36 (1) As used in this section:
37 (a) (i) "Confiscate" means for an individual in Utah to intentionally deprive another of
38 a privately owned firearm.
39 (ii) "Confiscate" does not include the taking of a firearm from an individual:
40 (A) in self-defense;
41 (B) possessing a firearm while the individual is committing a felony or misdemeanor;
42 or
43 (C) who may not, under state or federal law, possess the firearm.
44 (b) "Firearm" has the same meaning as defined in Subsection 76-10-501 (9).
45 (2) During a declared state of emergency or local emergency under this chapter:
46 (a) neither the governor nor an agency of a governmental entity or political subdivision
47 of the state may impose restrictions on the lawful possession, transfer, sale, transport, storage,
48 display, or use of a firearm or ammunition; and
49 (b) an individual, while purporting to act on behalf of the state or a political
50 subdivision of the state, may not confiscate a privately owned firearm of another individual.
51 (3) (a) An individual who has a firearm confiscated in violation of Subsection (2)(a)
52 may bring a civil action in a court having the appropriate jurisdiction:
53 (i) for damages, in the maximum amount of $10,000, against a person who violates
54 Subsection (2)(b);
55 (ii) for a civil penalty, in the amount of $5,000 per violation, against a person who
56 allegedly violates Subsection (2)(b); and
57 (iii) for return of the confiscated firearm.
58 (b) The court shall award costs and reasonable attorney fees to the prevailing party in
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an action brought under Subsection (3)(a).
