| (1) |
As used in this section:
Terms Used In Utah Code 53-2a-214- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102
- Local emergency: means a condition in any municipality or county of the state which requires that emergency assistance be provided by the affected municipality or county or another political subdivision to save lives and protect property within its jurisdiction in response to a disaster, or to avoid or reduce the threat of a disaster. See Utah Code 53-2a-203
- Officer: means a person who is elected or appointed to an office or position within a political subdivision. See Utah Code 53-2a-102
- Person: means :Utah Code 68-3-12.5
- Political subdivision: means a municipality, county, special service district, or special district. See Utah Code 53-2a-203
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State of emergency: means a condition in any part of this state that requires state government emergency assistance to supplement the local efforts of the affected political subdivision to save lives and to protect property, public health, welfare, or safety in the event of a disaster, or to avoid or reduce the threat of a disaster. See Utah Code 53-2a-102
| (a) |
| (i) |
“Confiscate” means for an individual in Utah to intentionally deprive another of a privately owned firearm. |
| (ii) |
“Confiscate” does not include the taking of a firearm from an individual:
| (B) |
possessing a firearm while the individual is committing a felony or misdemeanor; or |
| (C) |
who may not, under state or federal law, possess the firearm. |
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| (b) |
“Firearm” has the same meaning as defined in Section 76-10-501. |
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| (2) |
During a declared state of emergency or local emergency under this part:
| (a) |
neither the governor nor an agency of a governmental entity or political subdivision of the state may impose restrictions, which were not in force before the declared state of emergency, on the lawful possession, transfer, sale, transport, storage, display, or use of a firearm or ammunition; and |
| (b) |
an individual, while acting or purporting to act on behalf of the state or a political subdivision of the state, may not confiscate a privately owned firearm of another individual. |
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| (3) |
A law or regulation passed during a declared state of emergency that does not relate specifically to the lawful possession or use of a firearm and that has attached criminal penalties may not be used to justify the confiscation of a firearm from an individual acting in defense of self, property, or others when on:
| (a) |
the individual’s private property; or |
| (b) |
the private property of another as an invitee. |
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| (4) |
| (a) |
An individual who has a firearm confiscated in violation of Subsection (2) may bring a civil action in a court having the appropriate jurisdiction:
| (i) |
for damages, in the maximum amount of $10,000, against a person who violates Subsection (2); |
| (ii) |
for a civil penalty, in the amount of $5,000 per violation, against a person who violates Subsection (2); and |
| (iii) |
for return of the confiscated firearm. |
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| (b) |
As used in this Subsection (4), “person” means an individual, the governmental entity on whose behalf the individual is acting or purporting to act, or both the individual and the governmental entity. |
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| (5) |
| (a) |
A law enforcement officer is not subject to disciplinary action for refusing to confiscate a firearm under this section if:
| (i) |
ordered or directed to do so by a superior officer; and |
| (ii) |
by obeying the order or direction, the law enforcement officer would be committing a violation of this section. |
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| (b) |
For purposes of this Subsection (5), disciplinary action might include:
| (i) |
dismissal, suspension, or demotion; |
| (ii) |
loss of or decrease in benefits, pay, privileges or conditions of employment; and |
| (iii) |
any type of written or electronic indication, permanent or temporary, on the officer’s personnel record of the officer’s refusal to obey the unlawful order. |
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| (6) |
| (a) |
If a law enforcement officer commits a violation of this section, the officer’s liability in an action brought under Subsection (4)(a) is limited to 5% of the damages and civil penalty allowed under Subsection (4)(a) if the officer can show by clear and convincing evidence that the officer was obeying a direct and unlawful order from a superior officer or authority. |
| (b) |
The court shall assess the balance of the damages and civil penalty, the remaining 95%, against the superior officer or authority who ordered or directed the confiscation in violation of this section. |
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Renumbered and Amended by Chapter 295, 2013 General Session
