State Codes and Statutes
Statutes > Utah > Title-63k > Chapter-04 > 63k-4-40563K-4-405. Prohibition of restrictions on and confiscation of a firearm orammunition during an emergency.
(1) As used in this section:
(a) (i) "Confiscate" means for an individual in Utah to intentionally deprive another of aprivately owned firearm.
(ii) "Confiscate" does not include the taking of a firearm from an individual:
(A) in self-defense;
(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.
(b) "Firearm" has the same meaning as defined in Subsection 76-10-501(9).
(2) During a declared state of emergency or local emergency under this chapter:
(a) neither the governor nor an agency of a governmental entity or political subdivisionof the state may impose restrictions, which were not in force prior to the declared state ofemergency, on the lawful possession, transfer, sale, transport, storage, display, or use of a firearmor ammunition; and
(b) an individual, while acting or purporting to act on behalf of the state or a politicalsubdivision of the state, may not confiscate a privately owned firearm of another individual.
(3) A law or regulation passed during a declared state of emergency that does not relatespecifically to the lawful possession or use of a firearm and that has attached criminal penaltiesmay not be used to justify the confiscation of a firearm from an individual acting in defense ofself, property, or others when on:
(a) the individual's private property; or
(b) the private property of another as an invitee.
(4) (a) An individual who has a firearm confiscated in violation of Subsection (2) maybring a civil action in a court having the appropriate jurisdiction:
(i) for damages, in the maximum amount of $10,000, against a person who violatesSubsection (2);
(ii) for a civil penalty, in the amount of $5,000 per violation, against a person whoviolates Subsection (2); and
(iii) for return of the confiscated firearm.
(b) As used in this Subsection (4), "person" means an individual, the governmental entityon whose behalf the individual is acting or purporting to act, or both the individual and thegovernmental entity.
(5) (a) A law enforcement officer shall not be subject to disciplinary action for refusingto 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 aviolation of this section.
(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'spersonnel record of the officer's refusal to obey the unlawful order.
(6) (a) If a law enforcement officer commits a violation of this section, the officer'sliability 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 evidencethat the officer was obeying a direct and unlawful order from a superior officer or authority.
(b) The balance of the damages and civil penalty, the remaining 95%, shall be assessedagainst the superior officer or authority who ordered or directed the confiscation in violation ofthis section.
Enacted by Chapter 262, 2008 General Session
