Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 94 (2025GS)

Sponsor

Rep. Roberts, Calvin

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• exempts certain individuals performing official duties;
• exempts farm custom slaughter licensees when acting pursuant to statute; and
• makes technical changes.

Every vote on this bill

Bill text

4
76-10-508
76-10-508.1
Exemptions from Dangerous Weapons Provisions
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Calvin Roberts
Senate Sponsor: Ronald M. Winterton
LONG TITLE
General Description:
This bill addresses the discharge of a dangerous weapon.
Highlighted Provisions:
This bill:
exempts certain individuals performing official duties;
exempts farm custom slaughter licensees when acting pursuant to statute; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-10-508
, as last amended by Laws of Utah 2023, Chapter 34
76-10-508.1
, as last amended by Laws of Utah 2023, Chapter 34
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
76-10-508
 is amended to read:
76-10-508. Discharge of dangerous weapon from a vehicle, near a highway, or in 
direction of specified items -- Penalties.
(1)
(a)
An individual may not discharge a dangerous weapon or firearm:
(i)
from an automobile or other vehicle;
(ii)
from, upon, or across a highway;
(iii)
at a road sign placed upon a highway of the state;
(iv)
at communications equipment or property of public utilities including facilities, 
lines, poles, or devices of transmission or distribution;
(v)
at railroad equipment or facilities including a sign or signal;
(vi)
within a Utah State Park building, designated camp or picnic sites, overlooks, 
golf courses, boat ramps, and developed beaches; or
(vii)
without written permission to discharge the dangerous weapon from the owner 
or person in charge of the property within 600 feet of:
(A)
a house, dwelling, or any other building; or
(B)
any structure in which a domestic animal is kept or fed, including a barn, 
poultry yard, corral, feeding pen, or stockyard.
(b)
It is a defense to any charge for violating this section that the individual being 
accused had actual permission of the owner or person in charge of the property at the 
time in question.
(2)
A violation of any provision of Subsection 
(1)
 is a class B misdemeanor.
(3)
In addition to any other penalties, the court shall:
(a)
notify the Driver License Division of the conviction for purposes of any revocation, 
denial, suspension, or disqualification of a driver license under Subsection 
53-3-220(1)(a)(xi)
; and
(b)
specify in court at the time of sentencing the length of the revocation under 
Subsection 
53-3-225(1)(c)
.
(4)
This section does not apply to an individual who:
(a)
discharges a firearm when that individual is in lawful defense of self or others;
(b)
is performing official duties as provided in Section 
23A-5-202
 and
23A-2-207
 or 
79-2-704
 or
 Subsections 
76-10-523(1)(a)
 through 
(f)
 and as otherwise provided by 
law; 
or
(c)
discharges a dangerous weapon or firearm from an automobile or other vehicle, if:
(i)
the discharge occurs at a firing range or training ground;
(ii)
at no time after the discharge does the projectile that is discharged cross over or 
stop at a location other than within the boundaries of the firing range or training 
ground described in Subsection 
(4)(c)(i)
;
(iii)
the discharge is made as practice or training for a lawful purpose;
(iv)
the discharge and the location, time, and manner of the discharge are approved 
by the owner or operator of the firing range or training ground before the 
discharge; and
(v)
the discharge is not made in violation of Subsection 
(1)
.
; or
(d)
acting under a farm custom slaughter license, discharges a firearm or other 
dangerous weapon in accordance with Subsection 
4-32-108(3)
.
Section 2, Section 
76-10-508.1
 is amended to read:
76-10-508.1. Felony discharge of a firearm -- Penalties.
(1)
Except as provided under Subsection 
(2)
 or 
(3)
, an individual who discharges a firearm 
is guilty of a third degree felony punishable by imprisonment for a term of not less than 
three years nor more than five years if:
(a)
the actor discharges a firearm in the direction of one or more individuals, knowing or 
having reason to believe that any individual may be endangered by the discharge of 
the firearm;
(b)
the actor, with intent to intimidate or harass another or with intent to damage a 
habitable structure as defined in Section 
76-6-101
, discharges a firearm in the 
direction of any individual or habitable structure; or
(c)
the actor, with intent to intimidate or harass another, discharges a firearm in the 
direction of any vehicle.
(2)
A violation of Subsection 
(1)
 that causes bodily injury to any individual is a second 
degree felony punishable by imprisonment for a term of not less than three years nor 
more than 15 years.
(3)
A violation of Subsection 
(1)
 that causes serious bodily injury to any individual is a first 
degree felony.
(4)
In addition to any other penalties for a violation of this section, the court shall:
(a)
notify the Driver License Division of the conviction for purposes of any revocation, 
denial, suspension, or disqualification of a driver license under Subsection 
53-3-220(1)(a)(xi)
; and
(b)
specify in court at the time of sentencing the length of the revocation under 
Subsection 
53-3-225(1)(c)
.
(5)
This section does not apply to an individual:
(a)
who discharges a firearm when that individual is in lawful defense of self or others;
(b)
who is performing official duties as provided in Section 
23A-5-202
23A-2-207
 or 
79-2-704
 or Subsections 
76-10-523(1)(a)
 through 
(f)
 or as otherwise authorized by 
law; 
or
(c)
who discharges a dangerous weapon or firearm from an automobile or other vehicle, 
if:
(i)
the discharge occurs at a firing range or training ground;
(ii)
at no time after the discharge does the projectile that is discharged cross over or 
stop at a location other than within the boundaries of the firing range or training 
ground described in Subsection 
(5)(c)(i)
;
(iii)
the discharge is made as practice or training for a lawful purpose;
(iv)
the discharge and the location, time, and manner of the discharge are approved 
by the owner or operator of the firing range or training ground before the 
discharge; and
(v)
the discharge is not made in violation of Subsection 
(1)
.
; or
(d)
acting under a farm custom slaughter license, discharges a firearm or other 
dangerous weapon in accordance with Subsection 
4-32-108(3)
.
Section 3. 
Effective date.
This bill takes effect on 
May 7, 2025
.
1-3-25 3:41 PM