<section number="76-11-205.5"><effdate>5/6/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">171</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Openly carrying a dangerous weapon at an institution of higher education.</catchline><subsection number="76-11-205.5(1)"><subsection number="76-11-205.5(1)(a)">As used in this section:<subsection number="76-11-205.5(1)(a)(i)">"Institution of higher education" means the same as that term is defined in Section <xref depth="3" refnumber="53H-1-101">53H-1-101</xref>.</subsection><subsection number="76-11-205.5(1)(a)(ii)">"On or about school premises" means:<subsection number="76-11-205.5(1)(a)(ii)(A)">in an institution of higher education; or</subsection><subsection number="76-11-205.5(1)(a)(ii)(B)">on the grounds of a an institution of higher education.</subsection></subsection></subsection><subsection number="76-11-205.5(1)(b)">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><subsection number="76-11-205.5(2)">An actor commits openly carrying a dangerous weapon at an institution of higher education if:<subsection number="76-11-205.5(2)(a)">the actor intentionally carries a dangerous weapon on or about school premises;</subsection><subsection number="76-11-205.5(2)(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;</subsection><subsection number="76-11-205.5(2)(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</subsection><subsection number="76-11-205.5(2)(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.</subsection></subsection><subsection number="76-11-205.5(3)">A violation of Subsection <xref depth="4" refnumber="76-11-205.5(2)">(2)</xref> is a class (C) misdemeanor.</subsection><subsection number="76-11-205.5(4)">This section does not apply if:<subsection number="76-11-205.5(4)(a)">the actor is an individual exempt from certain weapons laws as described in Section <xref depth="3" refnumber="53-5a-108">53-5a-108</xref>;</subsection><subsection number="76-11-205.5(4)(b)">the actor is lawfully concealing the dangerous weapon and accidentally or inadvertently exposes the dangerous weapon to public view;</subsection><subsection number="76-11-205.5(4)(c)">the actor is openly carrying the dangerous weapon while lawfully responding to an active threat in accordance with Section <xref depth="3" refnumber="76-2-402">76-2-402</xref>, <xref depth="3" refnumber="76-2-405">76-2-405</xref>, or <xref depth="3" refnumber="76-2-407">76-2-407</xref>;</subsection><subsection number="76-11-205.5(4)(d)">the actor is openly carrying the dangerous weapon at the actor's place of residence or on the actor's real property;</subsection><subsection number="76-11-205.5(4)(e)">the open carrying of the dangerous weapon is approved by the responsible school administrator;</subsection><subsection number="76-11-205.5(4)(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</subsection><subsection number="76-11-205.5(4)(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.</subsection></subsection><subsection number="76-11-205.5(5)">This section does not prohibit prosecution of another criminal offense that may occur on or about school premises.</subsection></section>