As used in this chapter: (1) "Ammunition" means a bullet, a cartridge case, primer, propellant powder, or other ammunition designed for use in any firearm, either as an individual component part or in a completely assembled cartridge. (2) "Antique firearm" means the same as that term is defined in Section 76-11-101. (3) "Firearm" means the same as that term is defined in Section 76-11-101. (4) "Firearm accessory" means the same as that term is defined in Section 53-5a-401. (5) (a) "Manufacturer" means, with respect to a qualified product, a person who is engaged in the business of manufacturing a qualified product. (b) "Manufacturer" includes an owner, director, officer, employee, or agent of a person described in Subsection (5)(a). (6) (a) "Negligent entrustment" means the supplying of a qualified product by a seller for use by an individual when the seller knows, or reasonably should know, that the individual to whom the seller is supplying the qualified product is likely to, and does, use the qualified product in a manner involving unreasonable risk of physical injury to the individual's self or to another individual. (b) "Negligent entrustment" does not include a harm caused by an individual who was not entrusted with a qualified product directly by a seller. (7) "Proximate cause" means that a plaintiff's injury is directly caused by a defendant's alleged unlawful conduct. (8) (a) "Qualified civil liability action" means a civil action or proceeding or an administrative proceeding brought by a person against a manufacturer or seller of a qualified product, or a trade association, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from, on the basis of, arising out of, or in relation to the criminal or unlawful misuse of a qualified product by the person or a third party. (b) "Qualified civil liability action" includes a claim: (i) asserted within: (A) a civil action or proceeding; or (B) an administrative proceeding; and (ii) under any theory of liability, including: (A) a statutory or common law claim; and (B) a claim arising under contract, tort, nuisance, or negligence law. (c) "Qualified civil liability action" does not include: (i) a claim brought against a transferor convicted under 18 U.S.C. Sec. 924(h) or Section 76-11-216 by a party directly harmed by the conduct of which the transferee was convicted; (ii) a claim brought against a seller for negligent entrustment or negligence per se; (iii) a claim in which a manufacturer or seller of a qualified product knowingly violated a statute in one of the following provisions and the statute's violation is the sole proximate cause of the harm for which the claim seeks relief: (A) the Gun Control Act, 18 U.S.C. Sec. 921 et seq.; (B) the Arms Export Control Act, 22 U.S.C. Sec. 2778 et seq.; (C) the National Firearms Act, 26 U.S.C. Sec. 5801 et seq.; (D) the Export Control Reform Act, 50 U.S.C. Secs. 4801 to 4852; or (E) a requirement in Chapter 5a, Firearm Laws, Title 76, Chapter 11, Weapons, or another statute that provides an equivalent requirement to a federal law described in Subsections (8)(c)(iii)(A) through (D), such that the statute intentionally and exclusively imposes a specific and concrete obligation on a manufacturer or seller regarding the manner in which a qualified product is manufactured, distributed, or transferred to an unlicensed person, and does not include a claim premised on statutory or common law nuisance or negligence; (iv) a claim for breach of contract or warranty in connection with the purchase of the qualified product; (v) a claim for death, a physical injury, or property damage resulting directly from a defect in design or manufacture of the qualified product, when the qualified product is being lawfully used as intended or in a reasonably foreseeable manner, except that where the discharge of the qualified product was caused by a volitional act that meets the elements of a criminal offense, then the volitional act shall be considered the sole proximate cause of any resulting death, personal injuries, or property damage; or (vi) a claim or proceeding commenced to enforce the provisions of 18 U.S.C. Chapter 44, 26 U.S.C. Chapter 53, or Title 76, Chapter 11, Weapons. (9) (a) "Qualified product" means: (i) ammunition; (ii) an antique firearm; (iii) a firearm; or (iv) a firearm accessory. (b) "Qualified product" includes a product that is intended to be included in, attached to, used while attached to, or used in conjunction with a firearm or ammunition. (10) (a) "Seller" means, with respect to a qualified product: (i) a federal firearms licensee, as defined in Section 53-5a-601; or (ii) a person engaged in the business of selling a qualified product at the wholesale or retail level, including importing and exporting a qualified product. (b) "Seller" includes an owner, director, officer, employee, or agent of a person described in Subsection (10)(a). (c) "Seller" does not include a manufacturer. (11) "Trade association" means any corporation, unincorporated association, federation, business league, or professional or business organization not organized or operated for profit and for which no part of the net earnings of which inures to the benefit of any private shareholder or individual, if: (a) the entity is an organization described in 26 U.S.C. Sec. 501(c)(6) and exempt from tax under 26 U.S.C. Sec. 501(a); and (b) two or more members of the entity are manufacturers or sellers of a qualified product. (12) "Unlawful misuse" means conduct that violates a statute, ordinance, or regulation as the conduct relates to the use of a qualified product.
‹ Prev All Utah sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.