Preemption Statutes

Utah Code section 76-10-500 states:

The individual right to keep and bear arms being a constitutionally protected right under Article I, Section 6, of the Utah Constitution and the Second Amendment to the United States Constitution, the Legislature finds the need to provide uniform civil and criminal laws throughout the state and declares that the Legislature occupies the whole field of state regulation of firearms.¹

Except as specifically provided by state law, a local or state governmental entity may not:

• prohibit an individual from owning, possessing, purchasing, selling, transferring, transporting, or keeping any firearm at the individual’s place of residence, property, business, or in any vehicle lawfully in the individual’s possession or lawfully under the individual’s control; or
• require an individual to have a permit or license to purchase, own, possess, transport, or keep a firearm.²

Authority to regulate firearms is reserved to the state except where the Legislature specifically delegates responsibility to local or state governmental entities.³ Unless specifically authorized by the Legislature by statute, a local or state governmental entity may not enact or enforce a directive pertaining to firearms that in any way inhibits or restricts the possession, ownership, purchase, sale, transfer, transport, or use of firearms on either public or private property.⁴ This part does not restrict or expand private property rights.⁵

A violation of this section is subject to the Firearm Preemption Enforcement Act discussed below.⁶

Section 53-5a-102, adopted in 2004, provides, in part:

The individual right to keep and bear arms being a constitutionally protected right under Article I, Section 6 of the Utah Constitution 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.⁷

Except as specifically provided by state law, a local or state governmental entity may not:

• prohibit an individual from owning, possessing, purchasing, selling, transferring, transporting, or keeping a firearm at the individual’s place of residence, property, business, or in any vehicle lawfully in the individual’s possession or lawfully under the individual’s control; or
• require an individual to have a permit or license to purchase, own, possess, transport, or keep a firearm.⁸

Authority to regulate firearms is reserved to the state except where the Legislature specifically delegates responsibility to local or state governmental entities.⁹ Unless specifically authorized by the Legislature by statute, a local or state governmental entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the possession, ownership, purchase, sale, transfer, transport, or use of firearms on either public or private property.¹⁰

The Firearm Preemption Enforcement Act is Utah Code section 78B-6-2301 et seq. In the Act, a “local or state governmental entity” means:

• a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state, including the Utah Board of Higher Education, each institution of higher education, and the boards of trustees of each higher education institution; or
• a county, city, town, metro township, local district, local education agency, public school, school district, charter school, special service district under Title 17D, Chapter 1, Special Service District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a political subdivision of the state.

Under the Act, a local or state governmental entity may not enact or enforce a directive that violates legislative firearm preemption except

• by a law enforcement agency if the directive pertains to a firearm issued to or used by a peace officer in the course of the peace officer’s official duties;
• by a correctional facility or mental health facility under Section 76-8-311.3;
• of judicial administration if the directive establishes a secure courthouse;
• by the State Tax Commission if the directive establishes a secure area within a State Tax Commission facility; or
• by a local or state governmental entity if the directive is developed in response to and in accordance with legislative authority.¹¹

A person who claims to be harmed by a local or state governmental entity that makes or causes to be enforced a directive in violation of the Act may submit a written communication to the local or state governmental entity that harmed the person asking the local or state governmental entity that harmed the person to rescind or repeal the directive. If a local or state governmental entity fails to rescind or repeal a directive within 30 days after the day on which the local or state governmental entity receives a request, the person who submitted the request may file suit against the local or state governmental entity.¹²

If the court determines that the local or state governmental entity violated the Act, the court shall:

• order that the relevant directive is void;
• prohibit the local or state governmental entity that failed to rescind or repeal the void directive from enforcing the void directive; and
• award to the prevailing party:
  • actual damages, which includes the cost of time in bringing the civil action or defending against the action;
  • reasonable attorney fees and costs in accordance with the laws of this state; and
  • interest on the sums awarded accrued at the legal rate from the date on which the suit is filed.¹³

In 2021, Utah passed a law forbidding a state agency, political subdivision, elected or appointed state official or employee, or official or employee of a political subdivision from implementing a presidential executive order that is determined by the attorney general to be unconstitutional if the order relates to the right to bear arms.¹⁴

In 2022, the state passed a law limiting how state and local homeless shelters may regulate firearms possession in homeless shelters.¹⁵

Exceptions

Section 10-8-47(1)(c) specifically grants city boards of commissioners and city councils the authority to “regulate and prevent the discharge of firearms…”

Sections 76-8-311.1 and 76-8-311.3 allow correctional, law enforcement, and mental health facilities to prohibit or control firearms and ammunition.

Interpretation

In the 2006 case Univ. of Utah v. Shurtleff,¹⁶, the Supreme Court of Utah held that the University of Utah was subject to section 53-5a-102(5). The court held that article X, section 4 of the Utah Constitution—which confirms the rights held by public universities and colleges at the time of statehood—did not prevent the application of section 53-5a-102(5) to the University, and that the University’s policy prohibiting students, faculty, and staff from carrying firearms on campus was preempted.¹⁷

Other Statutory Provisions

The Utah State Board of Regents may “authorize higher education institutions to establish no more than one secure area at each institution as a hearing room…but [may] not otherwise restrict the lawful possession or carrying of firearms.”¹⁸ The Board may also authorize higher education institutions to make a rule allowing a dormitory resident to request only roommates not licensed to carry a concealed firearm.¹⁹

Immunity

For state laws prohibiting local units of government (i.e., cities and counties) from filing certain types of lawsuits against the gun industry, see our page on Immunity Statutes in Utah.

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1. Utah Code § 76-10-500(2).[↩]
2. Id. at (3).[↩]
3. Id. at (5).[↩]
4. Id. at (6).[↩]
5. Id. at (7).[↩]
6. Id. at (8).[↩]
7. Utah Code § 53-5a-102(2).[↩]
8. Id. at (3).[↩]
9. Id. at (5).[↩]
10. Id. at (6).[↩]
11. Utah Code § 78B-6-2302.[↩]
12. Utah Code § 78B-6-2303.[↩]
13. Utah Code § 78B-6-2303.[↩]
14. Utah Code § 63C-4a-204.[↩]
15. Utah Code § 53-5a-103.5.[↩]
16. 144 P.3d 1109 (Utah 2006).[↩]
17. Id. at 1121-22.[↩]
18. Utah Code Ann. § 53B-3-103(2)(ii)(A).[↩]
19. Utah Code Ann. § 53B-3-103(2)(ii)(B).[↩]