<section number="76-11-202"><effdate>5/7/2025</effdate><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Unlawful carrying of a concealed firearm by an individual under 21 years old.</catchline><subsection number="76-11-202(1)">Terms defined in Sections <xref depth="3" refnumber="76-1-101.5">76-1-101.5</xref>, <xref depth="3" refnumber="76-11-101">76-11-101</xref>, and <xref depth="3" refnumber="76-11-201">76-11-201</xref> apply to this section.</subsection><subsection number="76-11-202(2)">An actor commits unlawful carrying of a concealed firearm by an individual under 21 years old if:<subsection number="76-11-202(2)(a)">the actor is younger than 21 years old;</subsection><subsection number="76-11-202(2)(b)">the actor does not have a provisional concealed carry permit issued in accordance with Section <xref depth="3" refnumber="53-5a-304">53-5a-304</xref> or a concealed carry permit lawfully issued by or in another state;</subsection><subsection number="76-11-202(2)(c)">the actor conceals a firearm in a covered, hidden, or secreted manner that the public would not be aware of the firearm's presence;</subsection><subsection number="76-11-202(2)(d)">the firearm described in Subsection <xref refnumber="76-10-504(2)(c)" depth="4">(2)(c)</xref> is readily accessible for immediate use by the actor; and</subsection><subsection number="76-11-202(2)(e)">the actor is in a location that is not:<subsection number="76-11-202(2)(e)(i)">the actor's residence;</subsection><subsection number="76-11-202(2)(e)(ii)">the actor's real property;</subsection><subsection number="76-11-202(2)(e)(iii)">a vehicle that the actor is lawfully present in; or</subsection><subsection number="76-11-202(2)(e)(iv)">a business under the actor's control.</subsection></subsection></subsection><subsection number="76-11-202(3)"><subsection number="76-11-202(3)(a)">Except as provided in Subsection <xref depth="4" refnumber="76-10-504(3)(b)">(3)(b)</xref> or <xref depth="4" refnumber="76-10-504(3)(c)">(3)(c)</xref>, a violation of Subsection <xref depth="4" refnumber="76-10-504(2)">(2)</xref> is a class B misdemeanor.</subsection><subsection number="76-11-202(3)(b)">Except as provided in Subsection <xref depth="4" refnumber="76-10-504(3)(c)">(3)(c)</xref>, a violation of Subsection <xref depth="4" refnumber="76-10-504(2)">(2)</xref> is a class A misdemeanor if the firearm was loaded at the time of the violation.</subsection><subsection number="76-11-202(3)(c)">A violation of Subsection <xref depth="4" refnumber="76-10-504(2)">(2)</xref> is a second degree felony if the firearm was used in the commission of a violent felony and the actor was a party to the offense.</subsection></subsection><subsection number="76-11-202(4)">This section does not:<subsection number="76-11-202(4)(a)">apply to an individual who is categorized as a restricted person under Section <xref depth="3" refnumber="76-11-302">76-11-302</xref> or <xref depth="3" refnumber="76-11-303">76-11-303</xref> and may not possess a firearm in any manner or location and is subject to the penalties described in Part 3, Persons Restricted Regarding Dangerous Weapons;</subsection><subsection number="76-11-202(4)(b)">prohibit an individual engaged in the lawful taking of protected or unprotected wildlife as defined in Title 23A, Wildlife Resources Act, from carrying a concealed firearm while performing an act to take the wildlife if the taking of wildlife does not occur:<subsection number="76-11-202(4)(b)(i)">within the limits of a municipality in violation of that municipality's ordinances; or</subsection><subsection number="76-11-202(4)(b)(ii)">upon the highways of the state as defined in Section <xref depth="3" refnumber="41-6a-102">41-6a-102</xref>;</subsection></subsection><subsection number="76-11-202(4)(c)">apply to an individual who is not a restricted person as described in Section <xref depth="3" refnumber="76-11-302">76-11-302</xref> or <xref depth="3" refnumber="76-11-303">76-11-303</xref> or 18 U.S.C. Sec. 922(g) and is issued a protective order under Subsection <xref depth="4" refnumber="78B-7-603(1)(b)"/><xref depth="4" refnumber="78B-7-404(1)(b)">78B-7-404(1)(b)</xref> or <xref depth="4" refnumber="78B-7-603(1)(b)">78B-7-603(1)(b)</xref>, for a period of 120 days after the day on which the individual is issued the protective order; or</subsection><subsection number="76-11-202(4)(d)">prohibit the owner or lawful possessor of a vehicle from prohibiting another individual from carrying a firearm in the owner's or lawful possessor's vehicle.</subsection></subsection><subsection number="76-11-202(5)">An actor is lawfully present in a vehicle while carrying a firearm under this section if:<subsection number="76-11-202(5)(a)">the vehicle is in the lawful possession of the actor; or</subsection><subsection number="76-11-202(5)(b)">the actor has the consent of the person lawfully in possession of the vehicle to carry the firearm in the vehicle.</subsection></subsection></section>