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Committee advances bill aligning state law with federal rulings on firearm possession by noncitizen restricted persons

2390424 · February 25, 2025
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Summary

The committee voted unanimously to favorably recommend First Substitute House Bill 183, which clarifies that certain noncitizen restricted persons are prohibited from possessing firearms, aligning state statute with recent court rulings and federal law.

Representative Lee presented First Substitute House Bill 183 as a measure to align Utah law with federal code and recent court rulings addressing firearm possession by noncitizen restricted persons. "This bill...is to put us in line with our state code as it pertains to a non citizen restricted person possessing or using a firearm," Representative Lee told the committee, adding that recent court rulings upheld bans on migrants or those in the process of obtaining citizenship from possessing firearms.

Committee members asked for practical clarifications. Senator Sandoval asked whether allowing asylum seekers to handle a private landowner’s firearm at a private shooting range would be criminalized; Representative Lee replied that the guest would not be committing the offense if they did not own the firearm and it remained the host’s firearm. Senator Hinkins raised an example about herders using firearms for predator control and asked whether that would be covered; Representative Lee said that possession by persons without lawful status could fall under the bill’s prohibited possession.

No public testimony was offered in the hearing. Senator Stratton moved the motion that the committee favorably recommend HB 183 (first substitute) to the full Senate; the motion passed and the committee advanced the bill unanimously.