Legal Opinion

Herland v. Izatt

Utah Supreme Court

Decided January 30, 2015No. 20120586PublishedCited by 11 opinions

1Opinion of the Court

Chief Justice DURRANT,

opinion of the Court:

Introduction

T 1 The right to bear arms is enshrined in both the United States and Utah Constitutions. But with that right comes responsibilities-a principle our Legislature has recognized by placing certain restrictions on gun ownership. These include restrictions on supplying firearms to minors and individuals who are incompetent or impaired. 1 In this case we are asked to determine whether gun owners have a duty in tort to exercise reasonable care in supplying their guns to intoxicated individuals. We conclude a gun owner does have such a duty.…

2Cases cited28 opinions

  1. H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
  2. Jupin v. KaskMassachusetts Supreme Judicial Court · 2006
  3. Bernethy v. Walt Failor's, Inc.Washington Supreme Court · 1982
  4. Rollins v. PetersenUtah Supreme Court · 1991
  5. Casebolt ex rel. Casebolt v. CowanSupreme Court of Colorado · 1992

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3Cited by11 opinions

  1. Scott v. Universal Sales, Inc.Utah Supreme Court · 2015
  2. Armenta v. A.S. Horner, Inc.New Mexico Court of Appeals · 2015
  3. Fitzgerald v. Spearhead InvestmentsUtah Supreme Court · 2021
  4. Kirk v. AndersonUtah Supreme Court · 2021
  5. Tooele County v. Erda Community AssociationCourt of Appeals of Utah · 2022

6 more not listed; retrieve them via the Exa API.

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