State Emergency Powers
Utah restricts firearm confiscation and new firearm restrictions imposed during a declared state or local emergency.
Protection Of Lawfully Possessed Firearms
During a declared state or local emergency, Utah law prohibits the government from imposing new restrictions on lawful firearm and ammunition activities or confiscating privately owned firearms in violation of the emergency-powers statute.
Firearms remain subject to restrictions that were lawfully in effect before the emergency. The emergency declaration does not independently remove existing restrictions on possession, carrying, or firearm ownership.
State Cannot Impose New Restrictions
Restrictions Prohibited By Utah Law
During a declared state emergency or local emergency, the governor, a government agency, or a political subdivision may not impose restrictions that were not in effect before the emergency on the lawful possession, transfer, sale, transportation, storage, display or use of firearms or ammunition.
Confiscation Prohibited
An individual acting, or purporting to act, on behalf of Utah or a political subdivision may not confiscate another person's privately owned firearm in violation of the emergency-powers protections.
This does not apply to the confiscation by law enforcement for unlawfully possessed firearms or ammunition, being a prohibited person under state or federal law or committing another criminal offense.
If Your Firearm Is Confiscated, You Can Sue
Available Civil Remedies
A person whose firearm was confiscated in violation of the statute may bring a civil action in a court with proper jurisdiction seeking:
- Damages up to $10,000 against the person who violated the law.
- A civil penalty of $5,000 per violation against the person who violated the law.
- Return of the confiscated firearm and ammunition.
Officer Acting Under An Unlawful Order
A law enforcement officer who proves by clear and convincing evidence that the officer followed a direct unlawful order from a superior officer or authority has liability limited to 5% of the applicable damages and civil penalty.
The court assesses the remaining 95% against the superior officer or authority who issued or directed the unlawful confiscation.
Law Enforcement Protected For Refusing To Confiscate
A law enforcement officer cannot be disciplined for refusing an order to confiscate a firearm when obeying that order would violate Utah's emergency-powers law.
This protection applies when the superior officer or authority orders or directs the unlawful confiscation.