34-45 - Protection of Activities in Private Vehicles

Title 34 > 34-45

Sections (7)

34-45-101 - Title.

This chapter is known as “Protection of Activities in Private Vehicles.”

34-45-102 - Definitions.

As used in this chapter: 34-45-102(1) “Firearm” has the same meaning as provided in Section 76-11-101. 34-45-102(2) “Motor vehicle” has the same meaning as provided in Section 41-1a-102. 34-45-102(3) “Person” means an individual, property owner, landlord, tenant, employer, business entity, or other legal entity.

34-45-103 - Protection of certain activities — Firearms — Free exercise of religion.

34-45-103(1) Except as provided in Subsection (2), a person may not establish, maintain, or enforce any policy or rule that has the effect of:

prohibiting any individual from transporting or storing a firearm in a motor vehicle on any property designated for motor vehicle parking, if: the individual is legally permitted to transport, possess, purchase, receive, transfer, or store the firearm; the firearm is locked securely in the motor vehicle or in a locked container attached to the motor vehicle while the motor vehicle is not occupied; and the firearm is not in plain view from the outside of the motor vehicle; or prohibiting any individual from possessing any item in or on a motor vehicle on any property designated for motor vehicle parking, if the effect of the policy or rule constitutes a substantial burden on that individual’s free exercise of religion. 34-45-103(2) A person may establish, maintain, or enforce a policy or rule that has the effect of placing limitations on or prohibiting an individual from transporting or storing a firearm in a motor vehicle on property the person has designated for motor vehicle parking if:

the person provides, or there is otherwise available, one of the following, in a location reasonably proximate to the property the person has designated for motor vehicle parking: alternative parking for an individual who desires to transport, possess, receive, transfer, or store a firearm in the individual’s motor vehicle that:

imposes no additional cost on the individual; and is in a location that is legal and safe for parking; or a secured and monitored storage location where the individual may securely store a firearm before proceeding with the vehicle into the secured parking area; or the person complies with Subsection 34-45-107(5).

34-45-104 - Protection from liability.

A person that owns or controls a parking area that is subject to this chapter and that complies with the requirements of Section 34-45-103 is not liable in any civil action for any occurrence resulting from, connected with, or incidental to the use of a firearm, by any person, unless the use of the firearm involves a criminal act by the person who owns or controls the parking area.

34-45-105 - Cause of action for noncompliance — Remedies.

34-45-105(1) An individual who is injured, physically or otherwise, as a result of any policy or rule prohibited by Section 34-45-103, may bring a civil action in a court of competent jurisdiction against any person that violates the provisions of Section 34-45-103. 34-45-105(2) Any individual who asserts a claim under this section is entitled to request:

declaratory relief; temporary or permanent injunctive relief to prevent the threatened or continued violation; recovery for actual damages sustained; and punitive damages, if: serious bodily injury or death occurs as a result of the violation of Section 34-45-103; or the person who violates Section 34-45-103 has previously been notified by the attorney general that a policy or rule violates Section 34-45-103. 34-45-105(3) The prevailing party in an action brought under this chapter may recover its court costs and reasonable attorney fees incurred. 34-45-105(4) Nothing in this chapter shall be construed or held to affect any rights or claims made in relation to Title 34A, Chapter 2, Workers’ Compensation Act.

34-45-106 - Enforcement by attorney general.

34-45-106(1) The attorney general may bring an action to enforce this chapter and may request any relief that is provided for under Section 34-45-105, including a request for damages on behalf of any individual suffering loss because of a violation of this chapter. 34-45-106(2) Upon entry of final judgment for a cause of action brought under this section, the court may award restitution, when appropriate, to any individual suffering loss because of a violation of this chapter if proof of loss is submitted to the satisfaction of the court.

34-45-107 - Exemptions — Limitations on chapter — School premises — Government entities — Religious organizations — Single family detached residential units.

34-45-107(1) School premises, as defined in Subsection 76-3-203.2(1), are exempt from the provisions of this chapter.Carrying a dangerous weapon at an elementary school or secondary school is subject to the provisions of Section 76-11-205. 34-45-107(2) Government entities, including a local authority or state entity, are subject to the requirements of Title 53, Chapter 5a, Firearms Laws, but are otherwise exempt from the provisions of this chapter. 34-45-107(3) Religious organizations, including religious organizations acting as an employer, are exempt from, and are not subject to the provisions of this chapter. 34-45-107(4) Owner-occupied single family detached residential units and tenant-occupied single family detached residential units are exempt from the provisions of this chapter. 34-45-107(5) A person who is subject to federal law that specifically forbids the presence of a firearm on property designated for motor vehicle parking, or a person who is subject to Section 550 of the United States Department of Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in accordance with that section, is exempt from Section 34-45-103 if:providing alternative parking or a storage location under Subsection 34-45-103(2)(a) would pose an undue burden on the person; andthe person files a statement with the attorney general citing the federal law that forbids the presence of a firearm and detailing the reasons why providing alternative parking or a storage location poses an undue burden. 34-45-107(6) A person who is subject to Section 550 of the United States Department of Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in accordance with that section is exempt from this chapter if:the person has attempted to provide alternative parking or a storage location in accordance with Subsection 34-45-103(2)(a);the secretary of the federal Department of Homeland Security notifies the person that the provision of alternative parking or a storage location causes the person to be out of compliance with Section 550 of the United States Department of Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in accordance with that section and the person may be subject to punitive measures; andthe person files a detailed statement with the attorney general notifying the attorney general of the facts under Subsections (6)(a) and (b).