Firearm Storage Requirements

3
76-11-221
0
Firearm Storage Requirements
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
Senate Sponsor:
LONG TITLE
General Description:
This bill addresses the storage of firearms.
Highlighted Provisions:
This bill:
defines terms; and
sets a criminal penalty in certain circumstances when an individual fails to lawfully store
the individual's firearms and the firearm is then accessed by a minor in an unlawful
manner.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
76-11-221
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
76-11-221
is enacted to read:
76-11-221
. Failure to secure a firearm resulting in a minor gaining access.
(1)
(a)
As used in this section:
(i)
"Locked container" means a box, case, chest, locker, safe, or similar receptacle
that is secured in such a manner so as to prevent an individual from accessing the
contents of the container.
(ii)
"Minor" means an individual under 16 years old.
(b)
Terms defined in Sections
76-1-101.5
and
76-11-201
apply to this section.
(2)
An actor commits failure to secure a firearm resulting in a minor gaining access if:
(a)
the actor is 18 years old or older;
(b)
the actor stores or leaves a loaded firearm at the actor's residence;
(c)
the actor knows or reasonably should know that a minor is likely to obtain possession
of the loaded firearm and the minor's possession would be in violation of Section
76-11-211
, Possession of a dangerous weapon by a minor;
(d)
the actor does not:
(i)
keep the loaded firearm in a locked container or in another location that a
reasonable person would believe is secure; or
(ii)
secure the loaded firearm with a trigger lock or other device intended to prevent
the use of the firearm;
(e)
a minor obtains possession of the loaded firearm and the minor's possession of the
firearm is a violation of Section
76-11-211
, Possession of a dangerous weapon by a
minor; and
(f)
the minor described in Subsection
(2)(e)
:
(i)
possesses, exhibits, or uses the firearm in a public place; or
(ii)
draws, exhibits, or unlawfully uses the firearm in violation of Section
76-11-207
,
Threatening with or using dangerous weapon in fight or quarrel.
(3)
A violation of Subsection
(2)
is class C misdemeanor.
(4)
An actor has an affirmative defense to a prosecution under this section if the actor took
reasonable precautions to ensure that the firearm was properly secured and not
accessible to a minor in violation of Section
76-11-211
, Possession of a dangerous
weapon by a minor.
(5)
This section does not apply if:
(a)
a minor obtains a firearm as the result of an unlawful entry to the location where the
firearm was located;
(b)
a firearm is accessed in violation of Subsection
(2)
but is used in a lawful act of
self-defense; or
(c)
the actor described in Subsection
(2)
reports to a law enforcement officer that a
minor has obtained the actor's firearm.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
12-23-25 2:25 PM