Utah Statewide Rule
Utah Firearms Local Preemption Statute
Key Facts
- Preemption
- Utah Code 53-5a-102 governs firearm preemption
- Statute
- Local firearm ordinances are void by statute
- Attorney Fees
- Aggrieved persons may recover attorney fees
- Applies to counties,
- Applies to counties, cities, and special districts
Summary
Utah Code 53-5a-102 broadly preempts local firearm regulation, reserving authority to the Legislature with limited exceptions for state property and government buildings.
53-5a-102. Uniform firearm laws. (1) The individual right to keep and bear arms being a constitutionally protected right under Utah Constitution Article I, Section 6, and the Second Amendment to the United States Constitution, the Legislature finds the need to provide uniform civil and criminal firearm laws throughout the state and declares that the Legislature occupies the whole field of state regulation of firearms. (2) Except as specifically provided by state law, a local or state governmental entity may not: (a) prohibit an individual from owning, possessing, purchasing, selling, transferring, transporting, or keeping a firearm, ammunition, or a firearm accessory at the individual's place of residence, property, business, or in any vehicle in which the individual is lawfully present; or (b) require an individual to have a permit or license to purchase, own, possess, transport, or keep a firearm, ammunition, or a firearm accessory.
Full Breakdown
Section 53-5a-102 declares that the Legislature occupies the whole field of firearm regulation and prohibits political subdivisions from enacting or enforcing ordinances regulating the purchase, sale, transfer, ownership, possession, transportation, registration, or licensing of firearms. The preemption applies to counties, cities, towns, school districts, and special districts. Local rules conflicting with state law are void, and a person adversely affected may seek declaratory or injunctive relief plus reasonable attorney fees. Limited exceptions allow regulation on government property and certain critical infrastructure under state law.
Violations & Penalties
Local officials enacting or enforcing void firearm ordinances may face civil suits, attorney fee awards, and injunctive relief obtained by aggrieved persons.
Frequently Asked Questions
Can a Utah city regulate firearm sales locally?
Are government buildings exempt from preemption?
Sources
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