76-10-500. Uniform law.
| (1) |
As used in this section:
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Terms Used In Utah Code 76-10-500- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Firearm: means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive. See Utah Code 76-10-501
- Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Residence: means an improvement to real property used or occupied as a primary or secondary residence. See Utah Code 76-10-501
- 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
- Statute: A law passed by a legislature.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (a) |
“Directive” means the same as that term is defined in Section 78B-6-2301. |
| (b) |
“Firearm” means the same as that term is defined in Section 53-5a-102. |
| (c) |
“Local or state governmental entity” means the same as that term is defined in Section 78B-6-2301. |
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| (2) |
The individual right to keep and bear arms being a constitutionally protected right under Article I, Section 6, of the Utah Constitution and the Second Amendment to the United States Constitution, the Legislature finds the need to provide uniform civil and criminal laws throughout the state and declares that the Legislature occupies the whole field of state regulation of firearms. |
| (3) |
Except as specifically provided by state law, a local or state governmental entity may not:
| (a) |
prohibit an individual from owning, possessing, purchasing, selling, transferring, transporting, or keeping any firearm at the individual’s place of residence, property, business, or in any vehicle lawfully in the individual’s possession or lawfully under the individual’s control; or |
| (b) |
require an individual to have a permit or license to purchase, own, possess, transport, or keep a firearm. |
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| (4) |
This part is uniformly applicable throughout this state and in all the state’s political subdivisions. |
| (5) |
Authority to regulate firearms is reserved to the state except where the Legislature specifically delegates responsibility to local or state governmental entities. |
| (6) |
Unless specifically authorized by the Legislature by statute, a local or state governmental entity may not enact or enforce a directive pertaining to firearms that in any way inhibits or restricts the possession, ownership, purchase, sale, transfer, transport, or use of firearms on either public or private property. |
| (7) |
This part does not restrict or expand private property rights. |
| (8) |
A violation of this section is subject to 23. |
Amended by Chapter 428, 2022 General Session
