Utah - Proposed Bill SB 157 to prevent confiscations during declared emergencies


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JKimball
January 28, 2008, 07:50 PM
I am happy to see this bill being proposed in Utah's legislature. I just wrote a letter to my state senator asking her to support it.

I'm hoping it will be a slam dunk, but I wanted to post it here to encourage Utahns to let their voices be heard.

Telephone numbers and email addresses for your reps can be found here:
http://www.le.state.ut.us/

I recently read "The Great New Orleans Gun Grab" and was really disturbed that that kind of thing could happen in America. This bill is an additional protection against that happening in Utah.

http://deseretnews.com/article/1,5143,695247105,00.html

Senate bill would bar certain gun restrictions
Published: Friday, Jan. 25, 2008 12:34 a.m. MST

A Senate bill proposes to make it unlawful for the governor or any government entity to restrict the lawful possession of firearms during a declared state of emergency.
SB157, sponsored by Sen. Mark Madsen, R-Lehi, proposes to prohibit the restriction or confiscation of a firearm or ammunition during an emergency. Specifically, the government would not be able to restrict the lawful possession, transfer, sale, transport, storage, display or use of a firearm or ammunition.

The bill, which is in Senate Rules, provides exceptions, such as if a firearm is confiscated in self-defense, if an individual is committing a felony or misdemeanor or if a person is not legally allowed to possess a firearm.


Here is the text of the bill:
http://le.utah.gov/~2008/bills/sbillint/sb0157.htm
S.B. 157
1 RIGHTS OF CITIZENS TO CARRY

2 FIREARMS IN DECLARED EMERGENCY

3 2008 GENERAL SESSION

4 STATE OF UTAH

5 Chief Sponsor: Mark B. Madsen

6 House Sponsor: ____________

7
8 LONG TITLE
9 General Description:
10 This bill enacts provisions related to the lawful possession, transfer, sale, transport,
11 storage, display, or use of firearms during a declared state of emergency or local
12 emergency.
13 Highlighted Provisions:
14 This bill:
15 . provides that during a declared state of emergency or local emergency neither the
16 governor nor an agency of a governmental entity or political subdivision may
17 impose restrictions on the lawful possession, transfer, sale, transport, storage,
18 display, or use of a firearm or ammunition;
19 . provides that during a declared state of emergency an individual, while purporting
20 to act on behalf of the state or a political subdivision, may not confiscate a privately
21 owned firearm of another individual;
22 . provides exceptions to the confiscation prohibition; and
23 . provides a civil remedy for violation of the confiscation prohibition.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
________________________________________
28
Utah Code Sections Affected:
29 ENACTS:
30 63-5a-12, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 63-5a-12 is enacted to read:
34 63-5a-12. Prohibition of restrictions on and confiscation of a firearm or
35 ammunition during an emergency.
36 (1) As used in this section:
37 (a) (i) "Confiscate" means for an individual in Utah to intentionally deprive another of
38 a privately owned firearm.
39 (ii) "Confiscate" does not include the taking of a firearm from an individual:
40 (A) in self-defense;
41 (B) possessing a firearm while the individual is committing a felony or misdemeanor;
42 or
43 (C) who may not, under state or federal law, possess the firearm.
44 (b) "Firearm" has the same meaning as defined in Subsection 76-10-501 (9).
45 (2) During a declared state of emergency or local emergency under this chapter:
46 (a) neither the governor nor an agency of a governmental entity or political subdivision
47 of the state may impose restrictions on the lawful possession, transfer, sale, transport, storage,
48 display, or use of a firearm or ammunition; and
49 (b) an individual, while purporting to act on behalf of the state or a political
50 subdivision of the state, may not confiscate a privately owned firearm of another individual.
51 (3) (a) An individual who has a firearm confiscated in violation of Subsection (2)(a)
52 may bring a civil action in a court having the appropriate jurisdiction:
53 (i) for damages, in the maximum amount of $10,000, against a person who violates
54 Subsection (2)(b);
55 (ii) for a civil penalty, in the amount of $5,000 per violation, against a person who
56 allegedly violates Subsection (2)(b); and
57 (iii) for return of the confiscated firearm.
58 (b) The court shall award costs and reasonable attorney fees to the prevailing party in
________________________________________
59
an action brought under Subsection (3)(a).

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JKimball
March 11, 2008, 05:45 AM
Now the bill is waiting for Governor Huntsman's signature. If you want to let him hear your support you can leave a comment here:

http://governor.utah.gov/goca/form_comment.html

Nobody's_Hero
March 11, 2008, 07:53 AM
Sending an email of praise from GA. God I love Utah, I'd move there but then I feel like I'd be giving up on my state.

Nobody's_Hero
March 11, 2008, 08:15 AM
Dear Mr. Jon Huntsman, Jr.,

I'm sending this email in response to news I just received that Utah's legislature just passed a bill which would prohibit government confiscation of firearms during Katrina-like emergencies. I whole-heartedly support this effort by the legislature. Even though I am not a Utah resident, I watch many of the gun bills that pass in your state, and I remain hopeful for the future of gun ownership in our beloved USA. I also take night classes at my local college here in Georgia, and our citizens have not yet regained our rights to carry (with legitimate permits) in all areas of the state. This disappoints me, but I write to my own representatives often to urge them to support any bills that make it easier for law abiding citizens to stand a fighting chance when confronted by armed criminals.

Thank you for taking a moment to read this letter from a non-Utah resident. I'll be watching Utah and hoping for the best.

Nobody's_Hero
March 11, 2008, 08:18 AM
Not enough coffee, delete this post.

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