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Utah Code Title 78B. Judicial Code § 78B-6-2303. Civil action--Injunction--Damages--Immunity

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) A person who is harmed by a local or state governmental entity that makes or causes to be enforced a directive in violation of legislative firearm preemption may submit a written communication to the local or state governmental entity that harmed the person asking the local or state governmental entity that harmed the person to rescind or repeal the directive.

(2)(a) If a local or state governmental entity fails to rescind or repeal a directive within 30 days after the day on which the local or state governmental entity receives a request described in Subsection (1), the person who submitted the request may file suit against the local or state governmental entity that failed to rescind or repeal the directive.

(b) The suit described in Subsection (2)(a) may be filed in any court of this state having jurisdiction over the local or state governmental entity that failed to rescind or repeal the directive in accordance with Title 63G, Chapter 7, Governmental Immunity Act of Utah.

(3) If the court determines that the local or state governmental entity that failed to rescind or repeal the directive violated legislative firearm preemption, the court shall:

(a) order that the relevant directive is void;

(b) prohibit the local or state governmental entity that failed to rescind or repeal the void directive from enforcing the void directive; and

(c) award to the prevailing party:

(i) actual damages, which includes the cost of time in bringing the civil action or defending against the action;

(ii) reasonable attorney fees and costs in accordance with the laws of this state; and

(iii) interest on the sums awarded under this Subsection (3) accrued at the legal rate from the date on which the suit is filed.

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Cite this article: FindLaw.com - Utah Code Title 78B. Judicial Code § 78B-6-2303. Civil action--Injunction--Damages--Immunity - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-78b-judicial-code/ut-code-sect-78b-6-2303/

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