Car Knocker said:
This question came up on another board I'm on: Are there any laws in Utah that prevent a landlord from prohibiting the possession of firearms in his rentals by tenants?
I did a search through the portions of the state code relating to real estate (57-17-1 through 5 and 22-1 through 6) and was unable to find any reference to firearms. The only thing I found in the weapons laws was UCA 76-10-511 which says a person may have a loaded firearm in his place of residence. This however doesn't prevent a landlord from including a firearms prohibition clause in the lease/rental agreement.
There are ordinances in many urban municipalities that state a person may have up to x number of dogs or cats at a residence but that does not preclude a landlord from prohibiting pets. Would the same apply to firearms?
Utah Code Section 76-10-50076-10-500. Uniform law. (1) The individual right to keep and bear arms being a constitutionally protected right, the Legislature finds the need to provide ...
le.utah.gov/~code/TITLE76/htm/76_0C029.htm - 3k - Cached - Similar pages
76-10-500. Uniform law.
(1) The individual right to keep and bear arms being a constitutionally protected right, the Legislature finds the need to provide uniform laws throughout the state. Except as specifically provided by state law, a citizen of the United States or a lawfully admitted alien shall not be:
(a) prohibited from owning, possessing, purchasing, selling, transferring, transporting, or keeping any firearm at his place of residence, property, business, or in any vehicle lawfully in his possession or lawfully under his control; or
(b) required to have a permit or license to purchase, own, possess, transport, or keep a firearm.
(2) This part is uniformly applicable throughout this state and in all its political subdivisions and municipalities. All authority to regulate firearms shall be reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities. Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact or enforce any ordinance, regulation, or rule pertaining to firearms.
Enacted by Chapter 5, 1999 General Session
Download Code Section Zipped WP 6/7/8 76_0C029.ZIP 2,221 Bytes
Utah Code Section 76-10-530Trespass with a firearm in a house of worship or private residence -- Notice -- Penalty. ... (i) the church or organization operating the house of worship; ...
76-10-530. Trespass with a firearm in a house of worship or private residence -- Notice -- Penalty.
(1) A person, including a person licensed to carry a concealed firearm pursuant to Title 53, Chapter 5, Part 7, Concealed Weapon Act, after notice has been given as provided in Subsection (2) that firearms are prohibited, may not knowingly and intentionally:
(a) transport a firearm into:
(i) a house of worship; or
(ii) a private residence; or
(b) while in possession of a firearm, enter or remain in:
(i) a house of worship; or
(ii) a private residence.
(2) Notice that firearms are prohibited may be given by:
(a) personal communication to the actor by:
(i) the church or organization operating the house of worship;
(ii) the owner, lessee, or person with lawful right of possession of the private residence; or
(iii) a person with authority to act for the person or entity in Subsections (2)(a)(i) and (ii);
(b) posting of signs reasonably likely to come to the attention of persons entering the house of worship or private residence;
(c) announcement, by a person with authority to act for the church or organization operating the house of worship, in a regular congregational meeting in the house of worship;
(d) publication in a bulletin, newsletter, worship program, or similar document generally circulated or available to the members of the congregation regularly meeting in the house of worship; or
(e) publication in a newspaper of general circulation in the county in which the house of worship is located or the church or organization operating the house of worship has its principal office in this state.
(3) A church or organization operating a house of worship and giving notice that firearms are prohibited may:
(a) revoke the notice, with or without supersedure, by giving further notice in any manner provided in Subsection (2); and
(b) provide or allow exceptions to the prohibition as the church or organization considers advisable.
(4) (a) (i) Within 30 days of giving or revoking any notice pursuant to Subsection (2)(c), (d), or (e), a church or organization operating a house of worship shall notify the division on a form and in a manner as the division shall prescribe.
(ii) The division shall post on its website a list of the churches and organizations operating houses of worship who have given notice under Subsection (4)(a)(i).
(b) Any notice given pursuant to Subsection (2)(c), (d), or (e) shall remain in effect until revoked or for a period of one year from the date the notice was originally given, whichever occurs first.
(5) Nothing in this section permits an owner who has granted the lawful right of possession to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm in the residence.
(6) A violation of this section is an infraction.
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Amended by Chapter 203, 2003 General Session
Download Code Section Zipped WP 6/7/8 76_0C058.ZIP 3,068 Bytes
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COULD ??? WHAT YOU RENT BE CONSIDERED "THEIR" PRIVATE PROPERTY???
I do recognize the following as well...
...""Here is the pertinent snippet from the code: (5) Nothing in this section permits an owner who has granted the lawful right of possession to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm in the residence. ""
