<section number="76-11-205"><effdate>5/6/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">171</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Carrying a dangerous weapon at an elementary school or secondary school.</catchline><subsection number="76-11-205(1)"><subsection number="76-11-205(1)(a)">As used in this section, "on or about school premises" means:<subsection number="76-11-205(1)(a)(i)">in a public or private elementary school or secondary school; or</subsection><subsection number="76-11-205(1)(a)(ii)">on the grounds of a private elementary school or secondary school.</subsection></subsection><subsection number="76-11-205(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(2)">An actor commits carrying a dangerous weapon at an elementary school or secondary school if the actor:<subsection number="76-11-205(2)(a)">is not an individual listed in Subsection <xref refnumber="76-10-505.5(4)" depth="4">(4)</xref>;</subsection><subsection number="76-11-205(2)(b)">carries a dangerous weapon on or about school premises; and</subsection><subsection number="76-11-205(2)(c)">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(3)"><subsection number="76-11-205(3)(a)">A violation of Subsection <xref depth="4" refnumber="76-10-505.5(2)">(2)</xref> is a class B misdemeanor if the dangerous weapon carried by the actor is not a firearm.</subsection><subsection number="76-11-205(3)(b)">A violation of Subsection <xref depth="4" refnumber="76-10-505.5(2)">(2)</xref> is a class A misdemeanor if the dangerous weapon carried by the actor is a firearm.</subsection></subsection><subsection number="76-11-205(4)">This section does not apply if:<subsection number="76-11-205(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(4)(b)">the actor is 21 years old or older and has a concealed carry permit as described in Section <xref depth="3" refnumber="53-5a-303">53-5a-303</xref> and is carrying the actor's dangerous weapon in a concealed manner unless 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(4)(c)">the actor is 21 years old or older and has a temporary concealed carry permit issued under Section <xref depth="3" refnumber="53-5a-305">53-5a-305</xref> and is carrying the actor's dangerous weapon in a concealed manner unless lawfully responding to an active threat in accordance with Section <xref depth="3" refnumber="76-2-402">76</xref>-2-402, <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(4)(d)">the actor is carrying the dangerous weapon at the actor's place of residence or on the actor's real property;</subsection><subsection number="76-11-205(4)(e)">the possession of the dangerous weapon is approved by the responsible school administrator;</subsection><subsection number="76-11-205(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; </subsection><subsection number="76-11-205(4)(g)">the actor is an armed school security guard as described in Section <xref depth="3" refnumber="53G-8-704">53G-8-704</xref>; or</subsection><subsection number="76-11-205(4)(h)">the actor is 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)">This section does not:<subsection number="76-11-205(5)(a)">prohibit prosecution of another criminal offense that may occur on or about school premises; or</subsection><subsection number="76-11-205(5)(b)">prevent an actor from securely storing a firearm on the grounds of a school if the actor:<subsection number="76-11-205(5)(b)(i)">participates in: <subsection number="76-11-205(5)(b)(i)(A)">the school guardian program created in Section <xref depth="3" refnumber="53-22-105">53-22-105</xref>; or</subsection><subsection number="76-11-205(5)(b)(i)(B)">the Educator-Protector Program created in Section <xref depth="3" refnumber="53-22-107">53-22-107</xref>; and</subsection></subsection><subsection number="76-11-205(5)(b)(ii)">complies with the requirements for securely storing the firearm described in Subsection <xref depth="4" refnumber="53-22-107(5)(a)">53-22-107(5)(a)</xref>.</subsection></subsection></subsection></section>