01-03 15:41 H.B. 94
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Exemptions from Dangerous Weapons Provisions
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Calvin Roberts
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LONG TITLE
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General Description:
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This bill addresses the discharge of a dangerous weapon.
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Highlighted Provisions:
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This bill:
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▸ exempts certain individuals performing official duties;
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▸ exempts farm custom slaughter licensees when acting pursuant to statute; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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76-10-508, as last amended by Laws of Utah 2023, Chapter 34
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76-10-508.1, as last amended by Laws of Utah 2023, Chapter 34
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 76-10-508 is amended to read:
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76-10-508 . Discharge of dangerous weapon from a vehicle, near a highway, or in
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direction of specified items -- Penalties.
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(1)(a) An individual may not discharge a dangerous weapon or firearm:
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(i) from an automobile or other vehicle;
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(ii) from, upon, or across a highway;
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(iii) at a road sign placed upon a highway of the state;
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(iv) at communications equipment or property of public utilities including facilities,
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lines, poles, or devices of transmission or distribution;
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(v) at railroad equipment or facilities including a sign or signal;
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(vi) within a Utah State Park building, designated camp or picnic sites, overlooks, H.B. 94 01-03 15:41
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golf courses, boat ramps, and developed beaches; or
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(vii) without written permission to discharge the dangerous weapon from the owner
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or person in charge of the property within 600 feet of:
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(A) a house, dwelling, or any other building; or
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(B) any structure in which a domestic animal is kept or fed, including a barn,
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poultry yard, corral, feeding pen, or stockyard.
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(b) It is a defense to any charge for violating this section that the individual being
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accused had actual permission of the owner or person in charge of the property at the
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time in question.
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(2) A violation of any provision of Subsection (1) is a class B misdemeanor.
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(3) In addition to any other penalties, the court shall:
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(a) notify the Driver License Division of the conviction for purposes of any revocation,
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denial, suspension, or disqualification of a driver license under Subsection
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53-3-220(1)(a)(xi); and
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(b) specify in court at the time of sentencing the length of the revocation under
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Subsection 53-3-225(1)(c).
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(4) This section does not apply to an individual who:
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(a) discharges a firearm when that individual is in lawful defense of self or others;
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(b) is performing official duties as provided in Section [23A-5-202 and] 23A-2-207 or
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79-2-704 or Subsections 76-10-523(1)(a) through (f) and as otherwise provided by
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law; [or]
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(c) discharges a dangerous weapon or firearm from an automobile or other vehicle, if:
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(i) the discharge occurs at a firing range or training ground;
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(ii) at no time after the discharge does the projectile that is discharged cross over or
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stop at a location other than within the boundaries of the firing range or training
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ground described in Subsection (4)(c)(i);
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(iii) the discharge is made as practice or training for a lawful purpose;
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(iv) the discharge and the location, time, and manner of the discharge are approved
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by the owner or operator of the firing range or training ground before the
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discharge; and
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(v) the discharge is not made in violation of Subsection (1)[.] ; or
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(d) acting under a farm custom slaughter license, discharges a firearm or other
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dangerous weapon in accordance with Subsection 4-32-108(3).
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Section 2. Section 76-10-508.1 is amended to read:
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76-10-508.1 . Felony discharge of a firearm -- Penalties.
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(1) Except as provided under Subsection (2) or (3), an individual who discharges a firearm
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is guilty of a third degree felony punishable by imprisonment for a term of not less than
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three years nor more than five years if:
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(a) the actor discharges a firearm in the direction of one or more individuals, knowing or
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having reason to believe that any individual may be endangered by the discharge of
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the firearm;
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(b) the actor, with intent to intimidate or harass another or with intent to damage a
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habitable structure as defined in Section 76-6-101, discharges a firearm in the
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direction of any individual or habitable structure; or
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(c) the actor, with intent to intimidate or harass another, discharges a firearm in the
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direction of any vehicle.
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(2) A violation of Subsection (1) that causes bodily injury to any individual is a second
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degree felony punishable by imprisonment for a term of not less than three years nor
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more than 15 years.
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(3) A violation of Subsection (1) that causes serious bodily injury to any individual is a first
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degree felony.
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(4) In addition to any other penalties for a violation of this section, the court shall:
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(a) notify the Driver License Division of the conviction for purposes of any revocation,
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denial, suspension, or disqualification of a driver license under Subsection
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53-3-220(1)(a)(xi); and
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(b) specify in court at the time of sentencing the length of the revocation under
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Subsection 53-3-225(1)(c).
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(5) This section does not apply to an individual:
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(a) who discharges a firearm when that individual is in lawful defense of self or others;
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(b) who is performing official duties as provided in Section [23A-5-202] 23A-2-207 or
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79-2-704 or Subsections 76-10-523(1)(a) through (f) or as otherwise authorized by
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law; [or]
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(c) who discharges a dangerous weapon or firearm from an automobile or other vehicle,
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if:
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(i) the discharge occurs at a firing range or training ground;
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(ii) at no time after the discharge does the projectile that is discharged cross over or
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stop at a location other than within the boundaries of the firing range or training
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ground described in Subsection (5)(c)(i);
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(iii) the discharge is made as practice or training for a lawful purpose;
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(iv) the discharge and the location, time, and manner of the discharge are approved
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by the owner or operator of the firing range or training ground before the
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discharge; and
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(v) the discharge is not made in violation of Subsection (1)[.] ; or
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(d) acting under a farm custom slaughter license, discharges a firearm or other
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dangerous weapon in accordance with Subsection 4-32-108(3).
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Section 3. Effective date.
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This bill takes effect on May 7, 2025.
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