S.B. 87

1

FIREARM AMENDMENTS - HOUSES OF
2 WORSHIP AND PRIVATE RESIDENCES
3 2000 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Millie M. Peterson
6 AN ACT RELATING TO WEAPONS; REMOVING THE NOTICE REQUIREMENT FOR
7 FIREARM IN A HOUSE OF WORSHIP OR PRIVATE RESIDENCE; AND AMENDING
8 RELATED PROVISIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 76-10-530, as enacted by Chapter 366, Laws of Utah 1999
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 76-10-530 is amended to read:
14 76-10-530. Trespass with a firearm in a house of worship or private residence --
15 Notice -- Penalty.
16 (1) A person, including a person licensed to carry a concealed firearm pursuant to Title 53,
17 Chapter 5, Part 7, Concealed Weapon Act, [after having received notice as provided in Subsection
18 (2) that firearms are prohibited,] may not knowingly [and] or intentionally:
19 (a) transport a firearm into:
20 (i) a house of worship; or
21 (ii) a private residence; or
22 (b) while in possession of a firearm, enter or remain in:
23 (i) a house of worship; or
24 (ii) a private residence.
25 [(2) Notice that firearms are prohibited may be made by:]
26 [(a) personal communication to the actor by:]
27 (2) It is a defense to prosecution under this section that the person had prior permission

28 to possess the firearm by:
29 [(i)] (a) the church or organization operating the house of worship;
30 [(ii)] (b) the owner, lessee, or person with lawful right of possession of the private
31 residence; or
32 [(iii)] (c) a person with authority to act for the person or entity in [Subsections] Subsection
33 (2)(a)[(i) and (ii);] or (b).
34 [(b) posting of signs reasonably likely to come to the attention of persons entering the
35 house of worship or private residence.]
36 (3) Nothing in this section permits an owner who has granted the lawful right of possession
37 to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm in the
38 residence.
39 (4) A violation of this section is [an infraction] a class C misdemeanor.




Legislative Review Note
as of 6-3-99 11:48 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel