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Senate deadlocks on bills targeting negligent or criminal storage of loaded firearms

Utah State Senate · February 2, 1993
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Summary

Two related measures on storage of loaded firearms — a civil remedy (SB 32) and a criminal penalty (SB 33) — drew emotional floor debate about child safety, vagueness, and enforcement. SB 32 produced a tie and failed; SB 33 likewise failed to win the necessary majority.

Two companion bills aiming to hold adults accountable when minors gain access to loaded firearms drew extensive floor debate and failed to pass the Senate.

Senator Steiner, sponsor of both measures, framed the proposals as responses to recent child‑fatality incidents and cited medical testimony and public‑health studies in support. "Children and guns are a deadly combination," Steiner said, opening remarks that recounted an incident in which a 6‑year‑old killed a 7‑year‑old after finding a loaded handgun in a home.

SB 32 would have created a civil cause of action for negligent storage of a loaded firearm when a minor is likely to gain access and an injury occurs; SB 33 would have created criminal penalties for similar conduct. Supporters argued the bills would educate the public and provide legal recourse in cases of preventable injury. Senator Baird and others urged that legislation would publicize safety practices and protect children.

Opponents focused on statutory vagueness, unintended liability — including for grandparents and hosts when children enter homes lawfully — and possible insurance consequences. Senators questioned how the bills would define a "loaded firearm" in all circumstances, whether external locking devices provide a safe harbor, and whether criminal penalties would create gaps in homeowners' insurance coverage.

On SB 32 the roll call resulted in a 14–14 split and the bill failed to receive the necessary majority. SB 33 likewise failed to reach the required vote threshold and was filed. Sponsors said they would seek further amendments and additional information before reintroducing measures.