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Utah Senate debates SB110 to allow civil suits over negligently stored loaded firearms
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 many guns as they want,” Steiner said. “It asks people to be responsible with their guns.”
The bill’s supporters pointed to pediatric evidence and local tragedies. Sen. Bear said visits to Primary Children’s Hospital convinced her the state “ought to do something about it,” and Sen. Howe described a local case in which a loaded handgun discharged, killing a teenager and leaving families devastated. Sen. Montgomery, speaking from a medical perspective, urged colleagues to support preventive measures.
Opponents warned the measure could convert inadvertent mistakes into a basis for civil liability. Sen. Blackham said criminal penalties would compound family grief and questioned whether statutory standards would fairly accommodate ordinary household circumstances. Sen. Reese and others raised concerns about applying a statutory negligence standard unevenly, noting governmental immunity for some public actors and the burden such rules could place on private citizens.
On scope and wording, senators asked whether BB and pellet guns would be covered and whether exceptions should apply when owners have made ‘‘diligent effort’’ to secure ammunition. Steiner and counsel said the language targets devices defined in statute as weapons that expel a projectile; senators agreed they could tighten or clarify language on third reading.
The judiciary standing committee amendment to allow recovery by injured non‑minors was accepted on the floor. Sponsors emphasized the bill creates a civil remedy, not a criminal penalty. Steiner said juries would still weigh facts in individual cases; supporters said the statute would help juries by clarifying what conduct is negligent. Critics asked for careful drafting to avoid unintended consequences.
Floor action advanced the bill toward a third‑reading vote after amendment. Senators called for the third reading and recorded the vote tally on the floor as part of the session’s business; the transcript records a later procedural sequence regarding recorded votes and a motion to record an individual senator’s vote. The next procedural step noted on the floor was a planned opportunity to enter amendments on the third reading and to confirm specific coverage for pellet or BB guns if needed.
