Effective 5/6/2026
76-11-205.5 Openly carrying a dangerous weapon at an institution of higher education.
(1)
(a)As used in this section:
(i)”Institution of higher education” means the same as that term is defined in Section 53H-1-101.
(ii)”On or about school premises” means:
(A)in an institution of higher education; or
(B)on the grounds of a an institution of higher education.
(b)Terms defined in Sections 76-1-101.5, 76-11-101, and 76-11-201 apply to this section.
(2)An actor commits openly carrying a dangerous weapon at an institution of higher education if:
(a)the actor intentionally carries a dangerous weapon on or about school premises;
(b)the actor intentionally carries the dangerous weapon in a manner that the dangerous weapon is visible to the ordinary observation of a reasonable person;
(c)the dangerous weapon is not covered, hidden, or secreted in a way that would make the dangerous weapon’s presence unobservable to the ordinary observation of a reasonable person; and
(d)the actor knows, or reasonably believes, that the actor is on or about school premises at the time the actor carries the dangerous weapon.
(3)A violation of Subsection (2) is a class (C) misdemeanor.
(4)This section does not apply if:
(a)the actor is an individual exempt from certain weapons laws as described in Section 53-5a-108;
(b)the actor is lawfully concealing the dangerous weapon and accidentally or inadvertently exposes the dangerous weapon to public view;
(c)the actor is openly carrying the dangerous weapon while lawfully responding to an active threat in accordance with Section 76-2-402, 76-2-405, or 76-2-407;
(d)the actor is openly carrying the dangerous weapon at the actor’s place of residence or on the actor’s real property;
(e)the open carrying of the dangerous weapon is approved by the responsible school administrator;
(f)the dangerous weapon is present or to be used in connection with a lawful, approved activity and is in the possession or under the control of the actor responsible for the dangerous weapon’s possession or use; or
(g)the actor is openly carrying the dangerous weapon in a vehicle lawfully under the actor’s control, not including a vehicle owned by the school or used by the school to transport students.
(5)This section does not prohibit prosecution of another criminal offense that may occur on or about school premises.

Amended by Chapter 171, 2026 General Session