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Senate approves measure curbing state and municipal suits against gun makers after heated debate
Summary
After hours of debate, the Utah Senate voted 17–12 to pass House Bill 199, limiting suits by the state and its political subdivisions against firearms and ammunition manufacturers while preserving private breach-of-contract and warranty claims, according to sponsors. Opponents said the measure removes an important accountability avenue for governments.
The Utah Senate passed House Bill 199 on final reading after extended floor debate, approving a measure that prohibits the state and its political subdivisions from suing firearms or ammunition makers over subsequent lawful or unlawful uses of guns except where a suit is based on breach of contract or warranty.
Sponsor Senator Valentine defended the bill’s narrow scope, saying it preserves individual legal remedies. "Under this bill, it does not do anything to the private right of action," Valentine said on the floor, adding that breach-of-contract and warranty claims remain available to purchasers and municipalities when specifically damaged.
Opponents described broader consequences. Senator Hale said the bill "reveals the commitment to the powerful gun lobby and ignores the commitment to the rights of our municipalities and to the safety of children," and voted no. Multiple senators raised concerns that immunity could shield transporters or manufacturers even where conduct might amount to reckless endangerment.
Senator Allen proposed a narrow amendment intended to preserve governmental access to tort remedies in cases of "reckless endangerment." Supporters of the bill, including Senator Spencer, rejected that change as a vehicle that would gut the bill, arguing it would re-open the legislation to the kinds of statewide suits the bill was designed to deter. "This allows the city, if the city is specifically damaged, to bring suit," Spencer said in defense of the bill’s carve-outs for breach of warranty or contract.
Senators also debated constitutional and economic implications. Senator Hilliard cautioned that the change could affect Utah manufacturers if courts elsewhere infer that Utah accepts a cause of action and then bars enforcement. "If a gun were manufactured in Utah, Utah recognizes there's a cause of action and has taken the action to give a defense to it," Hilliard warned.
After floor discussion and a roll-call vote, the Senate recorded 17 aye votes and 12 nay votes on the final passage of House Bill 199; the bill was returned to the House for enrolling and the president’s signature as recorded in open session.
Why it matters: The bill aims to limit what supporters call "frivolous" or industry-targeting state lawsuits while retaining standard commercial and contractual remedies. Opponents say it removes a tool municipalities might need to pursue accountability and improve product safety, and they warned of public-safety consequences for children and schools.
What’s next: The Senate vote sends the measure back to the House for final processing and enrollment; sponsors said the private right of action remains intact in individual suits, and any change to municipal standing would require future legislative action.
