Firearm Bills
Passed:
HB 68 Drug Sentencing Modifications requires a court to impose an indeterminate prison term for using or having access to a dangerous weapon while distributing drugs. We negotiated with the sponsor and other stakeholders of this bill to change it from a minimum mandatory to an indeterminate term that can be suspended, as well as limiting the bill to situations where the weapon is knowingly and intentionally accessible. This version of the bill passed.
HB 362 Juvenile Justice Revisions makes possession of a handgun by a minor a third degree felony; clarifies that a minor under 14 is only permitted to possess a dangerous weapon if they have permission and are accompanied by a parent, guardian, or responsible adult; youth over 14 and under 18 may possess if they have permission; rewrites and provides penalties for adult and juvenile criminal solicitation; reduces two previous occasions down to one previous occasion for referring class c misdemeanors, infraction, or status offenses to Juvenile Court that happen on school property; and expands reintegration plans to include serious offenses which would include a violent felony (76-3-203.5), theft of a firearm offense (76-6-4), or a weapons offense (76-10-5). We are only tolerant of this bill, and worked to limit truancy referrals to the juvenile court. We also worked to remove language requiring secure care on the second possession of a dangerous weapon.This version of the bill passed.
Failed:
HB 97 Gun Safety Amendments would have created a waiting period between the purchase and delivery of a firearm. It also would have created a third degree felony of willfully and intentionally making a false statement when applying for an exemption to the waiting period. This bill was brought by the sponsor in an effort to reduce firearm suicides, which are the majority of gun deaths in Utah. This bill was opposed by many firearm groups in Utah and ultimately failed to be recommended to the House floor.
HB 98 Firearm Access Amendments would have required a firearm to be securely stored or rendered inoperable by a locking device. Last year, a version of this bill was run to create criminal penalties for violations, but this year the proposed penalties are civil. This bill failed to be recommended to the House floor.
We testified regarding the the broad range of offenses that would count as domestic violence in the committee hearing for HB 166 Restricted Persons Amendments, which would have recategorized individuals with a protective order for domestic violence from a Category II restricted person to a Category I restricted person as well as recategorizing an undocumented person in the United States from a Category I restricted person to a Category II restricted person. The bill did not receive a vote on the House floor.
SB 83 Firearm Storage Requirements failed to pass, but would have created the class C misdemeanor offense of knowingly, intentionally, or recklessly failing to store a firearm in a locked container.