The session has wrapped up for the 2014 year and here is where we stand. Some great bills were passed that will affect how you may carry. Please read through all these to determine what may apply to your carry style.
H.B. 75S1 Restoration of Civil Rights for Nonviolent Felons.
BILL STATUS: BILL HAS PASSED and is awaiting signature of the Governor.
Summary: This bill exempts nonviolent felons from the categories of restricted persons who are prohibited from possessing a dangerous weapon.
Detail:
51 (c) As used in this section, a conviction of a felony or adjudication of delinquency for
52 an offense which would be a felony if committed by an adult does not include:
53 (i) a conviction or adjudication of delinquency for an offense pertaining to antitrust
54 violations, unfair trade practices, restraint of trade, or other similar offenses relating to the
55 regulation of business practices not involving theft or fraud; or
56 (ii) a conviction or adjudication of delinquency which, according to the law of the
57 jurisdiction in which it occurred, has been expunged, set aside, reduced to a misdemeanor by
58 court order, pardoned or regarding which the person’s civil rights have been restored unless the
59 pardon, reduction, expungement, or restoration of civil rights expressly provides that the person
60 may not ship, transport, possess, or receive firearms.
61 (d) It is the burden of the defendant in a criminal case to provide evidence that a
62 conviction or adjudication of delinquency is subject to an exception provided in Subsection
63 (1)(c), after which it is the burden of the state to prove beyond a reasonable doubt that the
64 conviction or adjudication of delinquency is not subject to that exception.
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H.B. 276 Disorderly Conduct Amendments
BILL STATUS: BILL HAS PASSED and is awaiting signature of the Governor.
Summary: This bill includes displaying a dangerous weapon under certain circumstances in the definition of disorderly conduct.
28 (1) A person is guilty of disorderly conduct if:
29 (a) The person refuses to comply with the lawful order of a law
30 enforcement officer to move from a public place, or knowingly creates a hazardous or
31 physically offensive condition, by any act which serves no legitimate purpose; or
32 (b) intending to cause public inconvenience, annoyance, or alarm, or recklessly
33 creating a risk thereof, the person:
34 (i) engages in fighting or in violent, tumultuous, or threatening behavior;
35 (ii) makes unreasonable noises in a public place;
36 (iii) makes unreasonable noises in a private place which can be heard in a public place;
37 or
38 (iv) obstructs vehicular or pedestrian traffic.
39 (2) “Public place,” for the purpose of this section, means any place to which the public
40 or a substantial group of the public has access and includes but is not limited to streets,
41 highways, and the common areas of schools, hospitals, apartment houses, office buildings,
42 transport facilities, and shops.
43 (3) The mere carrying or possession of a holstered or encased firearm, whether visible
44 or concealed, without additional behavior or circumstances that would cause a reasonable
45 person to believe the holstered or encased firearm was carried or possessed
45a with
46 criminal intent, does not constitute a violation of this section. Nothing in this Subsection
48 (3) may limit or prohibit a law enforcement officer from approaching or engaging any person in
49 a voluntary conversation.
50 [(3)] (4) Disorderly conduct is a class C misdemeanor if the offense continues after a
51 request by a person to desist. Otherwise it is an infraction.
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H.B. 70 Forcible Entry Amendments
BILL STATUS: BILL HAS PASSED and is awaiting signature of the Governor.
Summary: This bill modifies the Utah Code of Criminal Procedure regarding the use of forcible entry by law enforcement officers when conducting a search or making an arrest.
Highlighted Provisions:
This bill:
- Amends existing law regarding the use of forcible entry by law enforcement officers to include searches;
- Requires law enforcement officers to identify themselves before forcing entry into a building;
- Amends existing law to allow law enforcement officers to force entry into a building without first issuing a demand or explanation if there is probable cause to believe that evidence will be easily or quickly destroyed;
- Requires law enforcement officers to use the least amount of force necessary when executing forcible entry, as authorized;
- Requires that any application for a warrant to forcibly enter a place of residence shall:
- explain why law enforcement officials cannot use less invasive or confrontational methods to effectuate the necessary search or arrest;
- explain why the search or arrest cannot be executed during the day, if it is to be executed at night, as defined; and
- describe investigative activities that have been or will be undertaken prior to executing the search or arrest to ensure that the correct building has been
- identified or explain why no investigative activities are needed; and
- clarifies that any information or property obtained in violation of these provisions is inadmissible in court.
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H.B. 301 Concealed Weapon Permit for Servicemembers
BILL STATUS: BILL HAS PASSED and is awaiting signature of the Governor.
Summary: This bill provides an exemption for an active duty service member when renewing a concealed firearm permit.
Highlighted Provisions:
This bill:
26 An active duty service member of the United States Armed Forces who possesses a Utah
27 concealed firearm permit is exempt from the requirement in Subsection 53-5-704 (4)(a) when
28 renewing a Utah concealed firearm permit.
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H.B. 322 Protection of Activities in Private Vehicles
BILL STATUS: BILL HAS PASSED and is awaiting signature of the Governor.
Summary: This bill amends Title 34, Chapter 45, Protection of Activities in Private Vehicles.
Highlighted Provisions:
This bill:
12 . provides that alternative parking for an individual who desires to transport, possess,
13 receive, transfer, or store a firearm in the individual’s motor vehicle may not be
14 located on a public right-of-way; and
15 . makes technical and conforming changes.
(a) the person provides, or there is otherwise available, one of the following, in a
43 location reasonably proximate to the property the person has designated for motor vehicle
44 parking:
45 (i) alternative parking for [individuals who desire] an individual who desires to
46 transport, possess, receive, transfer, or store a firearm in the individual’s motor vehicle [at] that:
47 (A) imposes no additional cost [to] on the individual; [or] and
48 (B) is
50 (ii) a secured and monitored storage location where the individual may securely store a
51 firearm before proceeding with the vehicle into the secured parking area; or
52 (b) the person complies with Subsection 34-45-107 (5).
