Utah’s immunity law generally prohibits “qualified civil liability actions” against the firearms industry, which are defined as civil or administrative proceedings stemming from “the criminal or unlawful misuse” of firearms, firearms accessories, or ammunition by the plaintiff or a third party. Utah’s law contains six exceptions based on those provided by the PLCAA:
- a claim brought against someone convicted of knowingly transferring a firearm in violation of a listed statute, by someone directly harmed by such unlawful conduct;
- a claim brought against a seller for negligent entrustment or negligence per se;
- a claim in which a manufacturer or seller of a qualified product knowingly violated a listed statute, and the violation was “the sole proximate cause of the harm” for which relief is sought—however it specifies it does not include a claim based on statutory or common law nuisance or negligence;
- a claim for breach of contract or warranty in connection with the purchase of the product;
- a claim for death, physical injury, or property damage resulting directly from a defect in design or manufacture of the product, when it was used as intended or in a reasonably foreseeable, non-criminal manner; or
- a claim to enforce the Gun Control Act, the National Firearms Act, or Utah’s Weapons law.4
In 2026, Utah eliminated language that had allowed a firearms manufacturer or licensed dealer to be subject to liability regarding unlawful misuse of a firearm or of ammunition if injury or death resulted from an act that constitutes gross negligence, recklessness, or intentional misconduct.5 The 2026 law also requires courts to dismiss claims that fail to meet specific requirements and it awards the defendants (gun dealers and manufacturers) attorneys fees and court costs if the case is dismissed.6
The law “preempts a political subdivision from enacting any legislation, code, ordinance, or rule that imposes civil liability on a manufacturer, seller, or trade association for the criminal misuse, alteration, or modification of a qualified product under any theory of liability.”7
In addition, Utah law provides that a person who lawfully designs, manufactures, markets, advertises, transports, or sells firearms or ammunition to the public may not be sued by the state or any of its political subdivisions for the subsequent use, whether lawfully or unlawfully, of the firearm or ammunition, unless the suit is based on the breach of a contract or warranty for a firearm or ammunition purchased by the state or political subdivision.8
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