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Utah Senate debates SB110 to allow civil suits over negligently stored loaded firearms

Utah State Senate · February 11, 1994
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Summary

Senate sponsor Robert Steiner said SB110 would clarify negligence when a loaded firearm is stored where children can access it; supporters cited pediatric injury data and recent accidents, while opponents warned the statute could turn honest mistakes into civil liability. The bill was amended and called for third reading.

The Utah State Senate debated Senate Bill 110 on Feb. 10, 1994, a measure drafted by Sen. Robert Steiner to define negligent storage of a loaded firearm and create a civil cause of action when a child gains access and an injury occurs.

Steiner, the bill sponsor, told senators the measure ‘‘clarifies existing negligence law’’ and sets three elements a plaintiff must prove: that a person kept a loaded firearm, that a child gained access, and that an injury resulted. He distributed newspaper summaries and a 1991 Utah State University/Utah Department of Health study showing where firearms are stored in homes and argued the bill is a public‑safety step, not a restriction on lawful possession. “This doesn’t limit people’s rights to possess as…

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