News & Updates

H.B. 87 Safe Storage of Firearms Amendments

Sections Affected:
U.C.A. 53-5-704.  Bureau duties — Permit to carry concealed firearm — Certification for concealed firearms instructor — Requirements for issuance — Violation — Denial, suspension, or revocation — Appeal procedure.
U.C.A. 53-5-705.  Temporary permit to carry concealed firearm — Denial, suspension, or revocation — Appeal.
U.C.A. 76-10-501.  Definitions.
U.C.A. 76-10-523.  Persons exempt from weapons laws.

Section Created:
76-10-533. Criminally negligent storage of a firearm.

Under this Bill it would make it a class B misdemeanor for an owner of a firearm to store a loaded firearm in a place the owner knows or has reason to believe a minor under 18 years of age or a person restricted from possessing a firearm under Section 76-10-503 has access, unless the firearm is:
• Securely encased which would be defined as, “held in a locked case, container, safe, lock box, or other device or storage area, not including a trunk, glove box, or other storage area of a motor vehicle, that may be unlocked only by means of a key, a combination, a biometric reader, or other similar means.”
• Disabled or rendered inoperable by a firearm safety device; or
• Readily accessible for immediate use by the owner.

It would still allow a minor to possess a firearm in accordance with Section 76-10-509 or 76-10-512 and also specifically states that a person with a concealed firearm permit is not exempt.

Additionally, it would make it a class C misdemeanor if an FFL dealer does not conspicuously post the following written warning at a purchase counter:
“AN ADULT MAY BE PROSECUTED FOR LEAVING A FIREARM IN A PLACE EASILY ACCESSIBLE BY A MINOR. A FIREARM SHOULD BE SECURED WITH A LOCKING DEVICE OR STORED IN A LOCKED CONTAINER OR LOCATION.”

Even more ridiculous, it explains requirements for the color of the paper, size of the lettering and the font it has to be in:
“A dealer shall print the written warning described in Subsection (1)(a) on yellow paper in black, capital letters using Arial, Calibri, Cambria, or Times New Roman in no smaller than 35-point font.”

 We Oppose This Bill