LEAP Forward
Politicizing Guns since 2017

Legislation

Utah HB 190 - Liability of Firearm Custodian


Section 53-5a-103.5 is enacted to read: 53-5a-103.5. Liability of firearm custodian.

(1) As used in this section:

(a) “Firearm” means the same as that term is defined in Section 76-10-501 .

(b) “Firearm custodian” means a person who owns or knowingly possesses a firearm.

(2) A firearm custodian is strictly liable for personal injury or property damage proximately caused by the discharge of the firearm custodian’s firearm if the discharge results from conduct that constitutes a felony, regardless of whether the individual who engages in the conduct is charged with a felony.

(3) A firearm custodian is not strictly liable for personal injury or property damage proximately caused by the discharge of the firearm custodian’s firearm if:

(a) (i) the individual causing the discharge takes the firearm custodian’s firearm without the firearm custodian’s permission; and

(ii) the firearm custodian:

(A) reports the theft to the police before the discharge;

(B) fails to discover and report the theft despite the firearm custodian’s exercise of reasonable care in storing and securing the firearm; or

(C) is not reasonably able to report the theft before the discharge occurs; or

(b) the discharge occurs in self defense or is otherwise legally justified.