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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to carrying a concealed firearm.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides that a business owner who allows a person with a concealed carry permit
13 to carry a firearm onto the owner's property is not civilly or criminally liable under
14 certain circumstances; and
15 ▸ provides an exemption for a person, 21 years of age or older who may lawfully
16 possess a firearm, from certain criminal provisions related to the carrying of a
17 concealed firearm.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 53-5a-103, as enacted by Laws of Utah 2010, Chapter 339
25 76-10-505, as last amended by Laws of Utah 2009, Chapter 362
26 76-10-505.5, as last amended by Laws of Utah 2013, Chapter 301
27 76-10-523, as last amended by Laws of Utah 2014, Chapter 248
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 53-5a-103 is amended to read:
31 53-5a-103. Discharge of firearm on private property or business premises--
32 Liability.
33 (1) Except as provided under Subsection (2), a private property owner[
34 owner who knowingly allows a person who has a permit to carry a concealed firearm under
35 Section 53-5-704 to bring the firearm onto the owner's property[
36 civilly or criminally liable for any damage or harm resulting from the discharge of the firearm
37 by the permit holder while on the owner's property.
38 (2) Subsection (1) does not apply if the property or business owner solicits, requests,
39 commands, encourages, or intentionally aids the concealed firearm permit holder in
40 discharging the firearm while on the owner's property or business premises.
41 Section 2. Section 76-10-505 is amended to read:
42 76-10-505. Carrying loaded firearm in vehicle or on street.
43 (1) Unless otherwise authorized by law, a person may not carry a loaded firearm:
44 (a) in or on a vehicle, unless:
45 (i) the vehicle is in the person's lawful possession; or
46 (ii) the person is carrying the loaded firearm in a vehicle with the consent of the person
47 lawfully in possession of the vehicle;
48 (b) on a public street; or
49 (c) in a posted prohibited area.
50 (2) Subsection (1)(a) does not apply to a minor under 18 years of age, since a minor
51 under 18 years of age may not carry a loaded firearm in or on a vehicle.
52 (3) Notwithstanding [
53 76-10-523(3), a person may not possess a loaded rifle, shotgun, or muzzle-loading rifle in a
54 vehicle.
55 (4) A violation of this section is a class B misdemeanor.
56 Section 3. Section 76-10-505.5 is amended to read:
57 76-10-505.5. Possession of a dangerous weapon, firearm, or short barreled
58 shotgun on or about school premises -- Penalties.
59 (1) As used in this section, "on or about school premises" means:
60 (a) (i) in a public or private elementary or secondary school; or
61 (ii) on the grounds of any of those schools;
62 (b) (i) in a public or private institution of higher education; or
63 (ii) on the grounds of a public or private institution of higher education; and
64 (iii) (A) inside the building where a preschool or child care is being held, if the entire
65 building is being used for the operation of the preschool or child care; or
66 (B) if only a portion of a building is being used to operate a preschool or child care, in
67 that room or rooms where the preschool or child care operation is being held.
68 (2) A person may not possess any dangerous weapon, firearm, or short barreled
69 shotgun, as those terms are defined in Section 76-10-501, at a place that the person knows, or
70 has reasonable cause to believe, is on or about school premises as defined in this section.
71 (3) (a) Possession of a dangerous weapon on or about school premises is a class B
72 misdemeanor.
73 (b) Possession of a firearm or short barreled shotgun on or about school premises is a
74 class A misdemeanor.
75 (4) This section does not apply if:
76 (a) the person is authorized to possess a firearm as provided under Section 53-5-704,
77 53-5-705, or 76-10-511, or Subsection 76-10-523(1) or (2), or as otherwise authorized by law;
78 (b) the possession is approved by the responsible school administrator;
79 (c) the item is present or to be used in connection with a lawful, approved activity and
80 is in the possession or under the control of the person responsible for its possession or use; or
81 (d) the possession is:
82 (i) at the person's place of residence or on the person's property; or
83 (ii) in any vehicle lawfully under the person's control, other than a vehicle owned by
84 the school or used by the school to transport students.
85 (5) This section does not prohibit prosecution of a more serious weapons offense that
86 may occur on or about school premises.
87 Section 4. Section 76-10-523 is amended to read:
88 76-10-523. Persons exempt from weapons laws.
89 (1) Except for Sections 76-10-506, 76-10-508, and 76-10-508.1, this part and Title 53,
90 Chapter 5, Part 7, Concealed Firearm Act, do not apply to any of the following:
91 (a) a United States marshal;
92 (b) a federal official required to carry a firearm;
93 (c) a peace officer of this or any other jurisdiction;
94 (d) a law enforcement official as defined and qualified under Section 53-5-711;
95 (e) a judge as defined and qualified under Section 53-5-711; or
96 (f) a common carrier while engaged in the regular and ordinary transport of firearms as
97 merchandise.
98 (2) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not
99 apply to any person to whom a permit to carry a concealed firearm has been issued:
100 (a) pursuant to Section 53-5-704; or
101 (b) by another state or county.
102 (3) Except for Sections 76-10-503, 76-10-506, 76-10-508, and 76-10-508.1, this part
103 and Title 53, Chapter 5, Part 7, Concealed Firearm Act, do not apply to a nonresident traveling
104 in or though the state, provided that any firearm is:
105 (a) unloaded; and
106 (b) securely encased as defined in Section 76-10-501.
107 (4) Subsection 76-10-504(1) does not apply to a person 21 years of age or older who
108 may lawfully possess a firearm.
Legislative Review Note
Office of Legislative Research and General Counsel