Enrolled Copy H.B. 165
1 FIREARM DISCHARGE ON PRIVATE PROPERTY
2 AMENDMENTS
3 2023 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Trevor Lee
6 Senate Sponsor: Jacob L. Anderegg
7 Cosponsors: Tim Jimenez
8 Katy Hall Dan N. Johnson
9 Colin W. Jack Karianne Lisonbee
10
11 LONG TITLE
12 General Description:
13 This bill addresses liability resulting from the discharge of a firearm on private
14 property.
15 Highlighted Provisions:
16 This bill:
17 < defines terms;
18 < provides that a private property occupant is not liable for the discharge of a firearm
19 on the property by an individual in lawful possession of the firearm under certain
20 circumstances; and
21 < makes technical and conforming changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 53-5a-103, as enacted by Laws of Utah 2010, Chapter 339
 H.B. 165 Enrolled Copy
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 53-5a-103 is amended to read:
32 53-5a-103. Discharge of firearm on private property -- Liability.
33 (1) As used in this section:
34 (a) "Firearm possessor" means an individual who may lawfully possess a firearm.
35 (b) "Property occupant" means:
36 (i) a private property owner; or
37 (ii) a person who has the right to occupy a private property under an agreement.
38 (2) Except as provided under Subsection [(2)] (3), a [private] property [owner]
39 occupant, who knowingly allows [a person who has a permit to carry a concealed firearm under
40 Section 53-5-704] a firearm possessor to lawfully bring [the] a firearm onto the [owner's]
41 occupant's property, is not civilly or criminally liable for any damage or harm resulting from
42 the discharge of the firearm by the [permit holder] firearm possessor while on the [owner's]
43 occupant's property.
44 [(2)] (3) Subsection [(1)] (2) does not apply if the property [owner] occupant solicits,
45 requests, commands, encourages, or intentionally aids the [concealed firearm permit holder]
46 firearm possessor in discharging the firearm while on the [owner's] occupant's property for a
47 purpose other than the lawful defense of an individual on the property.
48 (4) This section does not alter the responsibilities a tenant owes to a landlord under the
49 terms of the lease agreement entered into between the tenant and landlord.
-2-


Statutes affected:
H.B. 165 1st Substitute (Not Adopted) Text:
Enrolled:
Introduced: