78B-6-2303.  Civil action — Injunction — Damages — Immunity.

(1)  A person who is harmed by a local or state governmental entity that makes or causes to be enforced a directive in violation of legislative firearm preemption may submit a written communication to the local or state governmental entity that harmed the person asking the local or state governmental entity that harmed the person to rescind or repeal the directive.

Terms Used In Utah Code 78B-6-2303

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Directive: means an ordinance, regulation, measure, rule, enactment, order, or policy issued, enacted, or required by a local or state governmental entity. See Utah Code 78B-6-2301
  • Firearm: means the same as that term is defined in Section 53-5a-102. See Utah Code 78B-6-2301
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.
  • Legislative firearm preemption: means the preemption provided for in Sections 53-5a-102 and 76-10-500. See Utah Code 78B-6-2301
  • Local or state governmental entity: means :
(a) a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state, including the Utah Board of Higher Education, each institution of higher education, and the boards of trustees of each higher education institution; or
(b) a county, city, town, metro township, special district, local education agency, public school, school district, charter school, special service district under Title 17D, Chapter 1, Special Service District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a political subdivision of the state. See Utah Code 78B-6-2301
  • Person: means :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
    • (2) 

    (a)  If a local or state governmental entity fails to rescind or repeal a directive within 30 days after the day on which the local or state governmental entity receives a request described in Subsection (1), the person who submitted the request may file suit against the local or state governmental entity that failed to rescind or repeal the directive.

    (b)  The suit described in Subsection (2)(a) may be filed in any court of this state having jurisdiction over the local or state governmental entity that failed to rescind or repeal the directive in accordance with Title 63G, Chapter 7, Governmental Immunity Act of Utah.

    (3)  If the court determines that the local or state governmental entity that failed to rescind or repeal the directive violated legislative firearm preemption, the court shall:

    (a)  order that the relevant directive is void;

    (b)  prohibit the local or state governmental entity that failed to rescind or repeal the void directive from enforcing the void directive; and

    (c)  award to the prevailing party:

    (i)  actual damages, which includes the cost of time in bringing the civil action or defending against the action;

    (ii)  reasonable attorney fees and costs in accordance with the laws of this state; and

    (iii)  interest on the sums awarded under this Subsection (3) accrued at the legal rate from the date on which the suit is filed.

    Enacted by Chapter 428, 2022 General Session

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