News & Updates

H.B. 190 Liability of Firearm Custodian

Section Created:
U.C.A. 53-5a-103.5. Liability of firearm custodian.

Let’s start off with an off-topic question:
If you allow one of your friends to borrow your car, and they got in an accident and hit another vehicle because of texting and driving or otherwise being distracted, should you be held accountable along with your friend or just your friend who caused the accident?

You probably just said that THEY are responsible. How could you be resposible for something that you had no idea was going to happen.

Back to this Bill. It’s common sense that a person should be charged with a crime if they provide a firearm to someone when they know the person is going to commit a crime using the firearm. What if you let a friend borrow a firearm to go hunting or target shooting? Are you liable if your friend commits a crime or causes an injury or damage to property? Most people would say “NO”. If you did know that was their plan, you wouldn’t let them use your firearm!!

This Bill would create a new term which means by you owning or possessing a firearm makes you a “firearm custodian.” It also makes the civil liability on the owner of a firearm saying, if you let someone borrow your firearm for any reason, even without any knowledge or hint that they were going to use it illegally or irresponsibly, you would be liable for any personal injury or property damage caused by the discharge of your firearm if the discharge results from conduct that constitutes a felony, regardless of whether the individual who engages in the conduct is charged with a felony. YOU are liable and could be sued because of how they used the firearm.

 We Oppose This Bill