Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                            H.B. 559
Approved for Filing: J. Rogers 6
         6 02-15-24 10:08 AM 6
                                     FIREARM REVISIONS
                                     2024 GENERAL SESSION
                                          STATE OF UTAH
                                Chief Sponsor: Brian S. King
                                Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill concerns firearm restrictions and requirements.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < prohibits the sale, possession, and transfer of certain assault weapons and
 large-capacity magazines;
        < raises the minimum age to purchase certain firearms to 21 years old and creates
 exceptions;
        < requires criminal history background checks for certain transfers of a firearm
 between persons who are not federal firearms licensees; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
                                                                                                H.B. 559
        76-10-509.9, as enacted by Laws of Utah 1993, Second Special Session, Chapter 13
 ENACTS:
     *HB0559*
       H.B. 559                                                                  02-15-24 10:08 AM
         76-10-502.2, Utah Code Annotated 1953
         76-10-526.2, Utah Code Annotated 1953
30
 Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 76-10-502.2 is enacted to read:
         76-10-502.2. Assault weapon and large-capacity magazine prohibition -- Penalties
 -- Exceptions.
         (1) (a) As used in this section:
         (i) "Assault weapon" means a semi-automatic firearm:
         (A) that has two or more firearm accessories; and
         (B) (I) is capable of accepting a detachable magazine with the capacity to accept 10 or
 more cartridges; or
         (II) has a fixed magazine with the capacity to accept 10 or more cartridges.
         (ii) (A) "Barrel shroud" means a ventilated covering that partially or completely
 encircles the barrel of a firearm to protect the user's non-trigger hand from being burned.
         (B) "Barrel shroud" does not include:
         (I) a slide that partially or completely encircles the barrel; or
         (II) an extension of the stock along the bottom of the barrel that does not substantially
 encircle the barrel.
         (iii) "Detachable magazine" means a cartridge-feeding device that can be readily
 removed from a firearm without requiring the action of the firearm to be disassembled.
         (iv) "Firearm accessory" means:
         (A) a folding or telescoping stock;
         (B) a pistol grip that protrudes conspicuously beneath the action of the firearm;
         (C) a second handgrip or a protruding grip that can be held by the non-trigger hand;
         (D) a thumbhole stock;
         (E) a bayonet mount;
         (F) a flash suppressor, muzzle break, or muzzle compensator;
         (G) a threaded barrel designed to accommodate a flash suppressor, muzzle break, or
 muzzle compensator;
         (H) a barrel shroud; or
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       02-15-24 10:08 AM                                                                         H.B. 559
         (I) a grenade launcher.
         (v) "Flash suppressor" means a device that functions, or is intended to function, to
 perceptibly reduce or redirect muzzle flash from a firearm user's field of vision.
         (vi) (A) "Large-capacity magazine" means:
         (I) a fixed or detachable magazine, box, drum, feed strip, or similar device capable of
 accepting, or that is designed to be readily converted to accept, more than 15 rounds of
 ammunition;
         (II) a fixed, tubular shotgun magazine that holds more than 28 inches of shotgun shells,
 including any extension device that is attached to the magazine and holds additional shotgun
 shells; or
         (III) a nontubular, detachable magazine, box, drum, feed strip, or similar device that is
 capable of accepting more than eight shotgun shells when combined with a fixed magazine.
         (B) "Large-capacity magazine" does not include:
         (I) a feeding device that has been permanently altered so that the feeding device cannot
 accommodate more than 15 rounds of ammunition;
         (II) an unattached tubular device designed to accept, and capable of operating only
 with, .22 rimfire ammunition; or
         (III) a tubular magazine that is contained in a lever-action firearm.
         (b) Terms defined in Sections 76-1-101.5 and 76-10-501 apply to this section.
         (2) Except as provided in Subsection (4), an actor may not sell, purchase, possess, or
 transfer:
         (a) an assault weapon; or
         (b) a large-capacity magazine.
         (3) (a) A violation of Subsection (2)(a) is a class A misdemeanor.
         (b) A violation of Subsection (2)(b) is a class B misdemeanor.
         (4) This section does not apply to:
         (a) an actor who, in the course of the actor's official duties relating to the actor's law
 enforcement or related profession, is required to own or use an assault weapon or a
 large-capacity magazine;
         (b) an actor who:
         (i) is a resident of the state;
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        H.B. 559                                                                   02-15-24 10:08 AM
        (ii) owns an assault weapon or large-capacity magazine as of May 1, 2024; and
        (iii) possesses documentation demonstrating that the assault weapon or large-capacity
 magazine was legally purchased by, transferred to, or otherwise owned by the actor before May
 1, 2024;
        (c) an actor who:
        (i) resides outside of the state;
        (ii) is present in the state with an assault weapon or large-capacity magazine; and
        (iii) possesses documentation demonstrating that the assault weapon or large-capacity
 magazine was legally purchased by, transferred to, or otherwise owned by the actor before May
 1, 2024; or
        (d) an entity or an employee of an entity engaged in the manufacture of assault
 weapons or large-capacity magazines within the state that are solely transferred to a licensed
 firearm dealer that sells assault weapons or large-capacity magazines exclusively to the armed
 forces, governmental agencies, a retailer operating outside of the state, or a foreign national
 government approved by the United States for such transfers.
        Section 2. Section 76-10-509.9 is amended to read:
        76-10-509.9. Prohibited sales of firearms to an individual under 21 years old.
        (1) Terms defined in Sections 76-1-101.5 and 76-10-501 apply to this section.
        (2) A person may not sell [any firearm to a minor under 18 years of age unless the
 minor is accompanied by a parent or guardian.] a firearm to an individual who is under 21
 years old unless:
        (a) the individual is:
        (i) an active-duty service member as defined in Section 53-5-702;
        (ii) a security officer as defined in Section 58-63-102;
        (iii) a correctional officer as defined in Section 53-13-104; or
        (iv) a special function officer as defined in Section 53-13-105; or
        (b) the individual:
        (i) provides documentation of a valid hunting license or combination license issued by
 the Utah Division of Wildlife Resources;
        (ii) is at least 18 years old; and
        (iii) the sale is limited to a shotgun or a bolt-action rifle.
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        02-15-24 10:08 AM                                                                      H.B. 559
         [(2)] (3) [Any person who violates this section is guilty of] A violation of Subsection
 (2) is a third degree felony.
         Section 3. Section 76-10-526.2 is enacted to read:
         76-10-526.2. Transfer of firearm between unlicensed persons.
         (1) (a) As used in this section:
         (i) "Family member" means a spouse, child or stepchild, parent or stepparent, sibling or
 stepsibling, grandparent, or grandchild.
         (ii) "Transfer" means to sell, give, lend, deliver, or otherwise provide, with or without
 consideration.
         (iii) "Transferee" means an unlicensed person who receives a firearm from another
 unlicensed person.
         (iv) "Transferor" means an unlicensed person who transfers a firearm to another
 unlicensed person.
         (v) "Unlicensed person" means a person who is not a Federal Firearms Licensee.
         (b) Terms defined in Sections 76-1-101.5 and 76-10-501 apply to this section.
         (2) Except as provided in Section 76-10-526, a firearm may not be transferred between
 unlicensed persons unless a criminal history background check is completed on the transferee
 in compliance with this section.
         (3) A transferor and a transferee shall obtain a criminal history background check from
 a Federal Firearms Licensee before the transfer of a firearm.
         (4) A Federal Firearms Licensee may conduct the criminal history background check
 under Subsection (3) to facilitate the transfer of a firearm between a transferor and a transferee
 if the transferor and the transferee:
         (a) appear together with the firearm at the Federal Firearms Licensee's place of
 business or a location where the Federal Firearms Licensee is legally permitted to conduct a
 criminal history background check; and
         (b) each complete, sign, and submit all federal and state forms necessary to process the
 criminal history background check and otherwise complete the transfer under this section.
         (5) (a) If a Federal Firearms Licensee agrees to conduct a criminal history background
 check under Subsection (4), the Federal Firearms Licensee shall:
         (i) indicate on the forms that the transfer is between unlicensed persons; and
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        H.B. 559                                                                   02-15-24 10:08 AM
         (ii) process the transfer in the same manner as when transferring a firearm from the
 Federal Firearms Licensee's own inventory to a transferee, complying with all federal and state
 requirements, including record keeping.
         (b) The Federal Firearms Licensee may charge a reasonable fee, which may include the
 fee described in Subsection 76-10-526(12), to facilitate the criminal history background check
 and transfer, and note the fee on the forms.
         (6) A transferor may not transfer a firearm to a transferee if the results of the criminal
 history background check indicate that the transferee is prohibited from possessing or receiving
 a firearm under state or federal law.
         (7) This section does not prevent the transferor from removing the firearm from the
 premises of the Federal Firearms Licensee if the results of the criminal history background
 check indicate that the transferee is prohibited from possessing or receiving firearms or if the
 transfer results in a delay described in Subsection 76-10-526(7)(d).
         (8) This section does not apply to the transfer of a firearm:
         (a) between family members;
         (b) by or to a Federal Firearms Licensee;
         (c) by or to a law enforcement agency or an individual who is a law enforcement
 officer, member of the armed services, or security guard, if the individual is acting within the
 course and scope of the individual's employment;
         (d) to an executor, administrator, trustee, or personal representative of an estate or trust
 that occurs by operation of law upon the death of the owner of the firearm;
         (e) temporarily, to a person who is not prohibited from possessing or receiving a
 firearm under state or federal law if the transfer:
         (i) is necessary to prevent imminent death or serious bodily harm; and
         (ii) lasts only as long as necessary to prevent imminent death or serious bodily harm; or
         (f) temporarily, to a person who is not prohibited from possessing or receiving a
 firearm under federal or state law if the transfer and the transferee's possession of the firearm
 take place exclusively in the presence of the transferor:
         (i) at an established shooting range authorized by the governing body of the jurisdiction
 in which the range is located or, if no authorization is required, operated in conformance with
 local law in the jurisdiction;
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        02-15-24 10:08 AM                                                                       H.B. 559
         (ii) while hunting or trapping if the hunting or trapping is legal in all places where the
 transferee possesses the firearm and the transferee holds all licenses and permits required for
 the hunting or trapping; or
         (iii) at a lawfully organized competition involving the use of a firearm or for
 participation in or practice for a performance by an organized group that uses firearms as part
 of the performance.
         (9) A transferor who transfers one or more firearms in violation of this section is guilty
 of:
         (a) a class A misdemeanor for the first offense; and
         (b) a third degree felony for a second or subsequent offense.
         (10) A transferee who receives one or more firearms in violation of this section is
 guilty of:
         (a) a class A misdemeanor for the first offense; and
         (b) a third degree felony for a second or subsequent offense.
         (11) Each firearm transferred in violation of this section constitutes a separate offense.
         Section 4. Effective date.
         This bill takes effect on May 1, 2024.
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Statutes affected: 
Introduced: 76-10-509.9