Utah Code 78B-6-2302. Violation of legislative preemption — Exceptions
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(1) A local or state governmental entity may not enact or enforce a directive that violates legislative firearm preemption.
Terms Used In Utah Code 78B-6-2302
- Directive: means an ordinance, regulation, measure, rule, enactment, order, or policy issued, enacted, or required by a local or state governmental entity. See Utah Code 78B-6-2301
- Firearm: means the same as that term is defined in Section
53-5a-102 . See Utah Code 78B-6-2301 - Local or state governmental entity: means :(4)(a) 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(4)(b) a county, city, town, special 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. See Utah Code 78B-6-2301
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) This part does not prohibit the enactment or enforcement of a directive:
(2)(a) 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;
(2)(b) by a correctional facility or mental health facility under Section 76-8-311.3;
(2)(c) of judicial administration if the directive establishes a secure courthouse;
(2)(d) by the State Tax Commission if the directive establishes a secure area within a State Tax Commission facility; or
(2)(e) by a local or state governmental entity if the directive is developed in response to and in accordance with legislative authority.