0

H.B. 149 Prohibition On Certain Restrictions On Firearms

Currently a person cannot have a firearm in their residence, which means “an improvement to real property used or occupied as a primary or secondary residence”, if they sign a lease agreement or other document with a landlord (owner of the property) for an apartment, room of a house, condominium, duplex, townhome, etc. which specifically states that a person cannot have a firearm on the property if notice has been given, that firearms are prohibited, by personal communication (private letters, memos, emails, etc.) to the person by the owner, lessee, or person with lawful right of possession of the private residence or a person with authority to act for the person, or posting of signs reasonably likely to come to the attention of persons entering the private residence.
A person who violates this can get evicted and charged with an infraction if the police are notified. The person would not lose their concealed firearm permit if they have one.
Currently, an owner who has granted the lawful right of possession to a renter or lessee cannot restrict the renter or lessee from lawfully possessing a firearm in the residence. At no time while the pseron is living there, can a landlord prohibit the person from having a firearm in thier residence if there is no personal communication or a sign posted on the residence.

This Bill will change that, stating that, “a residential property management authority may not restrict a resident’s lawful carry or possession of a firearm for personal defense within an area over which the resident has exclusive control.”

Because this Bill reaffirms a persons right to have a firearm to protect themselves, even if they are renting an apartment, house or room, we support this Bill.

 We Support This Bill

H.B. 149 Prohibition On Certain Restrictions On Firearms

This Bill
• Renames Title 57, Chapter 24, Display of Flag, to Residential Property Management Authority Restrictions; and
• Prohibits a residential property management authority from restricting a resident’s lawful carry or possession of a firearm for personal defense in certain areas.

Sections Enacted:
57-24-103. Restriction on prohibiting certain lawful carry and possession of firearms.

KEY:
• Words that are underlined (example) would be creating a new law.

57-24-103. Restriction on prohibiting certain lawful carry and possession of firearms.
(1) A residential property management authority may not restrict a resident’s lawful carry or possession of a firearm for personal defense within an area over which the resident has exclusive control.
(2) This section applies to a contract or agreement entered into on or after May 12, 2020.

Leave a Reply