Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 206 First Substitute (2017GS)

Sponsor

Rep. King, Brian S.

Final action

Governor Signed 3/23/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• expands the scope of a Category II restricted person to include:
• a person who is subject to a protective order or child protective order; and
• a person who has been convicted of assault or aggravated assault against a cohabitant.

Every vote on this bill

Bill text

DOMESTIC VIOLENCE -- WEAPONS RESTRICTIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brian S. King
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions relating to certain weapons restrictions relating to domestic
violence.
Highlighted Provisions:
This bill:
▸ expands the scope of a Category II restricted person to include:
• a person who is subject to a protective order or child protective order; and
• a person who has been convicted of assault or aggravated assault against a
cohabitant.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-10-503
, as last amended by Laws of Utah 2015, First Special Session, Chapter 1
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-10-503
 is amended to read:
76-10-503.
Restrictions on possession, purchase, transfer, and ownership of
dangerous weapons by certain persons -- Exceptions.
(1) For purposes of this section:
(a) A Category I restricted person is a person who:
(i) has been convicted of any violent felony as defined in Section 
76-3-203.5
;
(ii) is on probation or parole for any felony;
(iii) is on parole from a secure facility as defined in Section 
62A-7-101
;
(iv) within the last 10 years has been adjudicated delinquent for an offense which if
committed by an adult would have been a violent felony as defined in Section 
76-3-203.5
;
(v) is an alien who is illegally or unlawfully in the United States; or
(vi) is on probation for a conviction of possessing:
(A) a substance classified in Section 
58-37-4
 as a Schedule I or II controlled substance;
(B) a controlled substance analog; or
(C) a substance listed in Section 
58-37-4.2
.
(b) A Category II restricted person is a person who:
(i) has been convicted of any felony;
(ii) within the last seven years has been adjudicated delinquent for an offense which if
committed by an adult would have been a felony;
(iii) is an unlawful user of a controlled substance as defined in Section 
58-37-2
;
(iv) is in possession of a dangerous weapon and is knowingly and intentionally in
unlawful possession of a Schedule I or II controlled substance as defined in Section 
58-37-2
;
(v) has been found not guilty by reason of insanity for a felony offense;
(vi) has been found mentally incompetent to stand trial for a felony offense;
(vii) has been adjudicated as mentally defective as provided in the Brady Handgun
Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed
to a mental institution;
(viii) has been dishonorably discharged from the armed forces; [
or
]
(ix) has renounced [
his
] 
the person's
 citizenship after having been a citizen of the
United States[
.
]
;
(x) is a respondent or defendant subject to a protective order or child protective order
issued under Title 77, Chapter 36, Cohabitant Abuse Procedures Act; Title 78A, Chapter 6,
Juvenile Court Act; Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act; or a foreign protection
order enforceable under Title 78B, Chapter 7, Part 3, Uniform Interstate Enforcement of
Domestic Violence Protection Orders Act; or
(xi) has been convicted of the commission or attempted commission of assault under
Section 
76-5-102
, or aggravated assault under Section 
76-5-103
, against an intimate partner, as
defined in Title 18 U.S.C. Section 921.
(c) As used in this section, a conviction of a felony or adjudication of delinquency for
an offense which would be a felony if committed by an adult does not include:
(i) a conviction or adjudication of delinquency for an offense pertaining to antitrust
violations, unfair trade practices, restraint of trade, or other similar offenses relating to the
regulation of business practices not involving theft or fraud; or
(ii) a conviction or adjudication of delinquency which, according to the law of the
jurisdiction in which it occurred, has been expunged, set aside, reduced to a misdemeanor by
court order, pardoned or regarding which the person's civil rights have been restored unless the
pardon, reduction, expungement, or restoration of civil rights expressly provides that the person
may not ship, transport, possess, or receive firearms.
(d) It is the burden of the defendant in a criminal case to provide evidence that a
conviction or adjudication of delinquency is subject to an exception provided in Subsection
(1)(c), after which it is the burden of the state to prove beyond a reasonable doubt that the
conviction or adjudication of delinquency is not subject to that exception.
(2) A Category I restricted person who intentionally or knowingly agrees, consents,
offers, or arranges to purchase, transfer, possess, use, or have under the person's custody or
control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under
the person's custody or control:
(a) any firearm is guilty of a second degree felony; or
(b) any dangerous weapon other than a firearm is guilty of a third degree felony.
(3) A Category II restricted person who intentionally or knowingly purchases, transfers,
possesses, uses, or has under the person's custody or control:
(a) any firearm is guilty of a third degree felony; or
(b) any dangerous weapon other than a firearm is guilty of a class A misdemeanor.
(4) A person may be subject to the restrictions of both categories at the same time.
(5) If a higher penalty than is prescribed in this section is provided in another section
for one who purchases, transfers, possesses, uses, or has under this custody or control any
dangerous weapon, the penalties of that section control.
(6) It is an affirmative defense to a charge based on the definition in Subsection
(1)(b)(iv) that the person was:
(a) in possession of a controlled substance pursuant to a lawful order of a practitioner
for use of a member of the person's household or for administration to an animal owned by the
person or a member of the person's household; or
(b) otherwise authorized by law to possess the substance.
(7) (a) It is an affirmative defense to transferring a firearm or other dangerous weapon
by a person restricted under Subsection (2) or (3) that the firearm or dangerous weapon:
(i) was possessed by the person or was under the person's custody or control before the
person became a restricted person;
(ii) was not used in or possessed during the commission of a crime or subject to
disposition under Section 
24-3-103
;
(iii) is not being held as evidence by a court or law enforcement agency;
(iv) was transferred to a person not legally prohibited from possessing the weapon; and
(v) unless a different time is ordered by the court, was transferred within 10 days of the
person becoming a restricted person.
(b) Subsection (7)(a) is not a defense to the use, purchase, or possession on the person
of a firearm or other dangerous weapon by a restricted person.
(8) (a) A person may not sell, transfer, or otherwise dispose of any firearm or
dangerous weapon to any person, knowing that the recipient is a person described in
Subsection (1)(a) or (b).
(b) A person who violates Subsection (8)(a) when the recipient is:
(i) a person described in Subsection (1)(a) and the transaction involves a firearm, is
guilty of a second degree felony;
(ii) a person described in Subsection (1)(a) and the transaction involves any dangerous
weapon other than a firearm, and the transferor has knowledge that the recipient intends to use
the weapon for any unlawful purpose, is guilty of a third degree felony;
(iii) a person described in Subsection (1)(b) and the transaction involves a firearm, is
guilty of a third degree felony; or
(iv) a person described in Subsection (1)(b) and the transaction involves any dangerous
weapon other than a firearm, and the transferor has knowledge that the recipient intends to use
the weapon for any unlawful purpose, is guilty of a class A misdemeanor.
(9) (a) A person may not knowingly solicit, persuade, encourage or entice a dealer or
other person to sell, transfer or otherwise dispose of a firearm or dangerous weapon under
circumstances which the person knows would be a violation of the law.
(b) A person may not provide to a dealer or other person any information that the
person knows to be materially false information with intent to deceive the dealer or other
person about the legality of a sale, transfer or other disposition of a firearm or dangerous
weapon.
(c) "Materially false information" means information that portrays an illegal transaction
as legal or a legal transaction as illegal.
(d) A person who violates this Subsection (9) is guilty of:
(i) a third degree felony if the transaction involved a firearm; or
(ii) a class A misdemeanor if the transaction involved a dangerous weapon other than a
firearm.
Legislative Review Note
Office of Legislative Research and General Counsel