HB 187: Imitation Firearm Amendments - Utah

Amended 2/21/2025 11:02:414 → Substitute #1 · 4 edits

MODERATE

The bill was reformatted from a standard legislative text to a substitute version with different formatting and line numbers. The substantive policy content regarding imitation firearm possession by minors remains largely the same, though the section number changed from 53-5a-105 to 76-10-533 and some definitional language was reorganized.

Scope change

The bill's scope remains focused on prohibiting minors from possessing altered toy or imitation firearms in public places, but the affected Utah Code section number changed from 53-5a-105 to 76-10-533.

TECHNICAL

The Utah Code section affected changed from 53-5a-105 to 76-10-533, indicating a reorganization of where this offense is codified in state law.

The document was reformatted with different line numbering, spacing, and header information, including a substitute bill designation and different timestamp.

DEFINITION

The definition structure was reorganized; the substitute version added a reference to Sections 76-1-101.5 and 76-10-501 for additional defined terms, which was not explicitly stated in the original version.

ENFORCEMENT

The requirement for a prior written warning was removed from the offense elements. The original version required a minor to have received a documented warning before it was an infraction, while the substitute version does not include this prerequisite.

Amended 2/13/2025 09:02:702 → Amended 2/21/2025 11:02:414 · 3 edits

MINOR

This bill amendment modifies the definition of 'public place' and changes the warning type required for enforcement, while maintaining the core prohibition against minors possessing altered imitation firearms. The changes refine where the law applies and clarify the enforcement procedure.

Scope change

The scope of 'public place' was narrowed by removing specific location categories (shopping malls, sports facilities, etc.) and adding a reference to an existing statutory definition, while also expanding indoor common areas.

DEFINITION

The definition of 'public place' was changed from a detailed list of specific locations to a reference to Section 76-9-102, while retaining the inclusion of lobbies, hallways, elevators, dining areas, and restrooms.

ENFORCEMENT

The required warning type was changed from 'written' to 'documented', allowing for alternative forms of documentation beyond just written warnings.

TECHNICAL

The bill text includes formatting markers and metadata from the legislative amendment process, including timestamps and substitute bill identifiers.

Amended Excerpts 2/21/2025 11:02:414 → Amended 2/13/2025 09:02:702 · 4 edits

MODERATE

The bill was reorganized and reformatted with new title pages and headers, but the substantive legal text regarding imitation firearm possession by minors remains largely unchanged. The core provisions defining what constitutes an altered toy firearm, who is considered a minor, and the conditions for infraction status were preserved through the amendment process.

Scope change

No substantive change to the bill's scope or applicability; the changes are primarily formatting and structural reorganization of the document.

TECHNICAL

Added new title pages, headers, and formatting elements including sponsor information, general description, highlighted provisions, and effective date sections that were not present in the original excerpt.

Reorganized the document structure with new section numbering and formatting while maintaining the same substantive legal provisions regarding possession of altered toy firearms by minors.

DEFINITION

The definitions for 'minor', 'public place', and 'altered toy, look-alike, or imitation firearm' remain substantively the same as the original version.

ENFORCEMENT

The infraction requirements, including the need for a prior written warning from law enforcement, remain unchanged.

Amended Excerpts 2/13/2025 09:02:702 → Amended Excerpts 2/21/2025 11:02:414 · 3 edits

MINOR

The bill definition of 'public place' was modified to clarify that it includes common areas of various buildings and specific locations under a referenced subsection. A new definition was added for 'toy, look-alike, or imitation firearm' to clarify what devices are regulated. The warning requirement for law enforcement officers was changed from a 'written' warning to a 'documented' warning, which may allow for different forms of documentation.

Scope change

The definition of 'public place' was expanded to explicitly include common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and businesses, as well as lobbies, hallways, elevators, restaurants, dining areas, and restrooms of locations under a referenced subsection. The scope of what constitutes a 'public place' was clarified to align with existing definitions in Section 76-9-102.

DEFINITION

The definition of 'public place' was modified to explicitly include common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and businesses, as well as lobbies, hallways, elevators, restaurants, dining areas, and restrooms of locations under a referenced subsection.

A new definition for 'toy, look-alike, or imitation firearm' was added to clarify that it means a non-firearm device regulated under the bill.

ENFORCEMENT

The warning requirement for law enforcement officers was changed from a 'written' warning to a 'documented' warning, which may allow for different forms of documentation.

Introduced → Amended Excerpts 2/13/2025 09:02:702 · 1 edit

MINOR

The bill was amended to incorporate existing definitions from other Utah statutes rather than creating new definitions. The changes replace the bill's original definitions of 'minor' and 'public place' with references to definitions already established in Sections 76-1-101.5, 76-10-501, and 76-9-102, streamlining the legislation by avoiding redundancy.

Scope change

The scope of the bill remains the same, but the applicability of its definitions now relies on existing statutory definitions rather than self-contained definitions within the bill.

DEFINITION

Replaced the bill's original definitions of 'minor' and 'public place' with cross-references to existing Utah Code sections 76-1-101.5, 76-10-501, and 76-9-102.

Substitute #2 → Substitute #3 · 4 edits

MODERATE

The bill was renumbered from Section 76-10-533 to Section 53-5a-105, and the offense was simplified from a four-part criminal offense to a three-part infraction. The requirement for a prior written warning was moved from a separate subsection to a specific condition for the offense itself, clarifying that the warning is a prerequisite for prosecution rather than a separate procedural step.

Scope change

The bill now affects Utah Code Section 53-5a-105 instead of Section 76-10-533, which changes the statutory citation but maintains the same substantive policy of prohibiting minors from possessing altered imitation firearms in public places after receiving a prior warning.

TECHNICAL

The statutory citation was changed from Utah Code Section 76-10-533 to Section 53-5a-105.

Formatting and layout were updated to reflect a third substitute version with different header information.

ENFORCEMENT

The prior written warning requirement was integrated into the offense elements rather than being a separate condition for court referral.

REQUIREMENT

The offense definition was simplified from four elements to three, combining the minor status and possession elements.

Substitute #1 → Substitute #2 · 2 edits

MINOR

The bill adds new enforcement requirements that prevent first-time offenders from being referred to juvenile court or prosecutors, requiring a prior written warning from law enforcement first. The substantive offense language remains largely the same, but this procedural addition creates a new two-step enforcement process.

Scope change

Scope remains the same regarding who can be charged and what constitutes a violation, but enforcement procedures now require a prior warning before legal action can be taken.

ENFORCEMENT

New subsection (4) requires that an actor must have previously received a written warning from a law enforcement officer before they can be referred to juvenile court or a prosecuting attorney for violations.

The bill now includes a new procedural step that delays enforcement action until after a warning has been issued, effectively creating a first-offense warning system.

Imitation Firearm Amendments

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