2018 Legislative Results

Number

 

 

Title

Sponsor

Status

Comments

H.B. 129

 

 

Self-defense Amendments

Rep. Cory Maloy

Sen. David Hinkins

Stalled in the Senate - time ran out

H.B. 129 would have strengthened Utah's Castle Doctrine. It would have made it so that failure to retreat when attacked could not be considered a relevant factor in determining whether an individual acted reasonably when defending themselves.

Concealed Carry Amendments

Rep. Karianne Lisonbee

Sen. Todd Weiler

Stalled in the Senate - time ran out

Provisional concealed carry permits are issued to adults age 18 to 20. When they turn 21 they can obtain a non-provisional permit. Since the BCI has 60 days to issue a permit, it is possible that upon turning 21 a person may not be immediately issued a regular concealed carry permit and so be unable to carry for a period of time. This bill would have fixed that by allowing a person to apply for a regular concealed carry permit 90 days prior to turning 21. This would allow for the permit to be issued during that period. The permit would not however have become effective until the person turns 21.

 

Public Safety Fee Revisions

Sen. Daniel Thatcher

Rep. Eric Hutchings

 

Passed

S.B. 16 raises fees.  The fingerprint based background check fee will be $15.00. They originally wanted it to be $20.00. The renewal fee for a concealed carry permit goes up by $5.00. They wanted to raise it by $10.00. Out-of-state permit holders will have to pay an additional $10.00 for a renewal. They wanted to raise it by $15.00 They wanted to raise the background check fee that you pay when you purchase a gun, but we were able to keep it held at $7.50.

Extreme Risk Protective Order

Rep. Stephen Handy

 

Killed in the House - A win for gun rights

This nightmare bill would have allowed a family member to ask a judge to issue an order stripping a person of their Second Amendment rights if they claim they are dangerous. The respondent to such an order would not be allowed to present evidence to the judge showing that he or she is not dangerous. Upon issue of the order, law enforcement would have been authorized to seize all of that person's ammunition and firearms. Among the things that the judge was supposed to consider in issuing the order was whether the respondent had any recent acquisition of firearms. After the order was issued, it would then be up to the person whose firearms and ammunition were confiscated to prove to the court that they are not dangerous. If they failed to convince the court that they are not dangerous, they would not be allowed to petition the court again for six months.

Relationship Violence and Offenses Amendment

Rep. Angela Romero

Sen. Todd Weiler

Passed - A loss for gun rights

S.B. 27 allows law enforcement to confiscate a person's firearm or other weapon upon a mere allegation of stalking and only requires a "reasonable suspicion" of stalking rather than the higher threshold of "probable cause" which under current law would allow for an arrest and confiscation of the firearm.

While the USSC supports protecting victims of abuse, our issue with the bill is that it allows the confiscation of firearms based upon allegations and does not provide a timeline as to when law enforcement is to return a confiscated weapon if subsequently no injunction is issued. If one is falsely accused and the accuser never tries to get a restraining order, the police could keep the firearm indefinitely and claim that the alleged victim could petition for an injunction some time in the future. A person would then have to hire a lawyer and spend more money than the gun is worth to get it back.

Firearms Amendments (Constitutional Carry)

Rep. Brian Greene

 

Died in the House

HB 363 is the Commonsense Carry bill (permit-less carry). It would have kept Utah's permit system but made the permits optional.

 

 

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