SB96 HJUD AM #1
Reese 3133
The Committee on the Judiciary moved to amend the Committee Substitute for Committee Substitute on page one, after the enacting clause by striking out the remainder of the bill and inserting in lieu thereof the following:
ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES, AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES, AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.
§8-12-5a. Limitations upon municipalities’ power to restrict the purchase, possession, transfer, ownership, carrying, transport, sale, and storage of certain weapons and ammunition.
(a) Except as provided by the provisions of this
section and the provisions of §8-12-5 of this code, neither Neither
a municipality nor the governing body of any municipality may, by ordinance or
otherwise, limit the right of any person to purchase, possess, transfer, own,
carry, transport, sell, or store any revolver, pistol, rifle or shotgun deadly
weapon, firearm, or pepper spray, or any ammunition or ammunition
components to be used therewith nor to so regulate the keeping of gunpowder so
as to directly or indirectly prohibit the ownership of the ammunition in any
manner inconsistent with or in conflict with state law.
(b) For the purposes of this section:
(1) “Deadly weapon” has the meaning provided in §61-7-2 of this code.
(2) “Firearm” has the meaning provided in §61-7-2 of this code.
(1) (3) “Municipally owned or operated
building” means any building that is used for the business of the municipality,
such as a courthouse, city hall, convention center, administrative building,
or other similar municipal building used for a municipal purpose permitted by
state law: Provided, That “municipally owned or operated building” does
not include a building owned by a municipality that is leased to a private
entity where the municipality primarily serves as a property owner receiving
rental payments.
(2) (4) “Municipally owned recreation
facility” means any municipal swimming pool, recreation center, sports
facility, facility housing an after-school program, or other similar facility
where children are regularly present.
(5) “Pepper spray” means a temporarily disabling aerosol that is composed partly of capsicum oleoresin and causes irritation, blinding of the eyes, and inflammation of the nose, throat, and skin that is intended for self-defense use.
(c)(1) A municipality may enact and enforce an ordinance
or ordinances that prohibit or regulate the carrying or possessing of a firearm
deadly weapon, firearm, or pepper spray in municipally owned or operated
buildings.
(2) A municipality may enact and enforce an ordinance or
ordinances that prohibit a person from carrying or possessing a firearm deadly
weapon, firearm, or pepper spray openly or that is not lawfully concealed
in a municipally owned recreation facility: Provided, That a
municipality may not prohibit a person with a valid concealed handgun permit
license from carrying an otherwise lawfully possessed firearm into a
municipally owned recreation facility and securely storing the firearm out of
view and access to others during their time at the municipally owned recreation
facility.
(3) A person may keep an otherwise lawfully possessed firearm
deadly weapon, firearm, or pepper spray in a
motor vehicle in municipal public parking facilities if the vehicle is locked
and the firearm deadly weapon, firearm, or pepper spray is out of
view.
(4) A municipality may not prohibit or regulate the
carrying or possessing of a firearm deadly weapon, firearm, or pepper
spray on municipally owned or operated property other than municipally
owned or operated buildings and municipally owned recreation facilities
pursuant to subdivisions (1) and (2) of this section: Provided, That a
municipality may prohibit persons who do not have a valid concealed handgun
license from carrying or possessing a firearm on municipally owned or operated
property.
(d) It shall be an absolute defense to an action for an
alleged violation of an ordinance authorized by this section prohibiting or
regulating the possession of a firearm deadly weapon, firearm, or
pepper spray that the person: (1) Upon being requested to do so, left the
premises with the firearm deadly weapon, firearm, or pepper spray
or temporarily relinquished the firearm deadly weapon, firearm, or
pepper spray in response to being informed that his or her possession of
the firearm deadly weapon, firearm, or pepper spray was contrary
to municipal ordinance; and (2) but for the municipal ordinance the person was
lawfully in possession of the firearm deadly weapon, firearm, or
pepper spray.
(e) Any municipality that enacts an ordinance regulating
or prohibiting the carrying or possessing of a firearm deadly weapon,
firearm, or pepper spray pursuant to subsection (c) of this section shall
prominently post a clear statement at each entrance to all applicable
municipally owned or operated buildings or municipally owned recreation
facilities setting forth the terms of the regulation or prohibition.
(f) Redress for an alleged violation of this section may be sought through the provisions of §53-1-1 et seq. of this code, which may include the awarding of reasonable attorney’s fees and costs, if the petitioner prevails.
(g) Upon the effective date of this section, §61-7-14
of this code is inapplicable to municipalities. For the purposes of §61-7-14
of this code, municipalities may not be considered a person charged with
the care, custody, and control of real property.
(h) This section does not:
(1) Impair the authority of any municipality, or the
governing body thereof, to enact any ordinance or resolution respecting the
power to arrest, convict and punish any individual under the provisions of
§8-12-5(16) of this code or from enforcing any such ordinance or resolution;
(2) (1) Authorize municipalities to restrict
the carrying or possessing of firearms deadly weapons, firearm, or
pepper spray, which are otherwise lawfully possessed, on public streets and
sidewalks of the municipality: Provided, That whenever pedestrian or
vehicular traffic is prohibited in an area of a municipality for the purpose of
a temporary event of limited duration, not to exceed fourteen days, which is
authorized by a municipality, a municipality may prohibit persons who do not
have a valid concealed handgun license from possessing a firearm in the area
where the event is held or
(3) (2) Limit the authority of a
municipality to restrict the commercial use of real estate in designated areas
through planning or zoning ordinances.