H.B. 76

1

CONCEALED WEAPON CARRY AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: John G. Mathis
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions of Title 76, Chapter 10, Part 5, Weapons, related to conduct
10 involving the carrying of a concealed dangerous weapon.
11 Highlighted Provisions:
12 This bill:
13 . provides an exemption for a person, who is 21 years of age or older and who may
14 lawfully possess a dangerous weapon, from certain criminal provisions related to
15 the carrying of a concealed dangerous weapon.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 76-10-505.5, as last amended by Laws of Utah 2011, Chapter 91
23 76-10-523, as last amended by Laws of Utah 2009, Chapter 362
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 76-10-505.5 is amended to read:
27 76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on

28 or about school premises -- Penalties.
29 (1) As used in this section, "on or about school premises" means:
30 (a) (i) in a public or private elementary or secondary school; or
31 (ii) on the grounds of any of those schools;
32 (b) (i) in a public or private institution of higher education; or
33 (ii) on the grounds of a public or private institution of higher education; and
34 (iii) (A) inside the building where a preschool or child care is being held, if the entire
35 building is being used for the operation of the preschool or child care; or
36 (B) if only a portion of a building is being used to operate a preschool or child care, in
37 that room or rooms where the preschool or child care operation is being held.
38 (2) A person may not possess any dangerous weapon, firearm, or sawed-off shotgun, as
39 those terms are defined in Section 76-10-501 , at a place that the person knows, or has
40 reasonable cause to believe, is on or about school premises as defined in this section.
41 (3) (a) Possession of a dangerous weapon on or about school premises is a class B
42 misdemeanor.
43 (b) Possession of a firearm or sawed-off shotgun on or about school premises is a class
44 A misdemeanor.
45 (4) This section does not apply if:
46 (a) the person is authorized to possess a firearm as provided under Section 53-5-704 ,
47 53-5-705 , 76-10-511 , or Subsection 76-10-523 (1) or (2), or as otherwise authorized by law;
48 (b) the possession is approved by the responsible school administrator;
49 (c) the item is present or to be used in connection with a lawful, approved activity and
50 is in the possession or under the control of the person responsible for its possession or use; or
51 (d) the possession is:
52 (i) at the person's place of residence or on the person's property; or
53 (ii) in any vehicle lawfully under the person's control, other than a vehicle owned by
54 the school or used by the school to transport students.
55 (5) This section does not prohibit prosecution of a more serious weapons offense that
56 may occur on or about school premises.
57 Section 2. Section 76-10-523 is amended to read:
58 76-10-523. Persons exempt from weapons laws.

59 (1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to
60 any of the following:
61 (a) a United States marshal;
62 (b) a federal official required to carry a firearm;
63 (c) a peace officer of this or any other jurisdiction;
64 (d) a law enforcement official as defined and qualified under Section 53-5-711 ;
65 (e) a judge as defined and qualified under Section 53-5-711 ;
66 (f) a common carrier while engaged in the regular and ordinary transport of firearms as
67 merchandise; or
68 (g) a nonresident traveling in or through the state, provided that any firearm is:
69 (i) unloaded; and
70 (ii) securely encased as defined in Section 76-10-501 .
71 (2) The provisions of Subsections 76-10-504 (1) and (2), and Section 76-10-505 do not
72 apply to any person to whom a permit to carry a concealed firearm has been issued:
73 (a) pursuant to Section 53-5-704 ; or
74 (b) by another state or county.
75 (3) The provisions of Subsections 76-10-504 (1) and (2) and Section 76-10-505 do not
76 apply to a person 21 years of age or older who may lawfully possess a dangerous weapon.




Legislative Review Note
as of 12-31-12 1:07 PM

Office of Legislative Research and General Counsel

[Bill Documents]