<section number="76-11-219"><effdate>5/7/2025</effdate><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Trespass with a firearm in a house of worship or a private residence.</catchline><subsection number="76-11-219(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="76-11-219(2)">An actor is guilty of trespass with a firearm in a house of worship or a private residence if the actor:<subsection number="76-11-219(2)(a)">has been given notice as described in Subsection <xref refnumber="null" depth="null">(4)</xref> that firearms are prohibited in the house of worship or the private residence; and</subsection><subsection number="76-11-219(2)(b)">knowingly and intentionally:<subsection number="76-11-219(2)(b)(i)">transports a firearm into the house of worship or private residence; or</subsection><subsection number="76-11-219(2)(b)(ii)">while in possession of a firearm, enters or remains in the house of worship or private residence.</subsection></subsection></subsection><subsection number="76-11-219(3)">A violation of Subsection <xref refnumber="76-10-530(2)" depth="4">(2)</xref> is an infraction.</subsection><subsection number="76-11-219(4)">Notice that firearms are prohibited may be given by:<subsection number="76-11-219(4)(a)">personal communication to the actor by:<subsection number="76-11-219(4)(a)(i)">the church or organization operating the house of worship;</subsection><subsection number="76-11-219(4)(a)(ii)">the owner, lessee, or person with lawful right of possession of the private residence; or</subsection><subsection number="76-11-219(4)(a)(iii)">a person with authority to act for the person or entity in Subsections <xref depth="4" refnumber="76-10-530(4)(a)(i)">(4)(a)(i)</xref> and <xref depth="4" refid="C76-10-S530_1800010118000101" refnumber="76-10-530(2)(a)(ii)" start="0">(ii)</xref>;</subsection></subsection><subsection number="76-11-219(4)(b)">posting of signs reasonably likely to come to the attention of persons entering the house of worship or private residence;</subsection><subsection number="76-11-219(4)(c)">announcement, by a person with authority to act for the church or organization operating the house of worship, in a regular congregational meeting in the house of worship;</subsection><subsection number="76-11-219(4)(d)">publication in a bulletin, newsletter, worship program, or similar document generally circulated or available to the members of the congregation regularly meeting in the house of worship; or</subsection><subsection number="76-11-219(4)(e)">publication:<subsection number="76-11-219(4)(e)(i)">in a newspaper of general circulation in the county in which the house of worship is located or the church or organization operating the house of worship has its principal office in this state; and</subsection><subsection number="76-11-219(4)(e)(ii)">as required in Section <xref depth="3" refid="C45-1-S101_1800010118000101" refnumber="45-1-101" start="0">45-1-101</xref>.</subsection></subsection></subsection><subsection number="76-11-219(5)">A church or organization operating a house of worship and giving notice that firearms are prohibited may:<subsection number="76-11-219(5)(a)">revoke the notice, with or without supersedure, by giving further notice in any manner provided in Subsection <xref depth="4" refnumber="76-10-530(4)">(4)</xref>; and</subsection><subsection number="76-11-219(5)(b)">provide or allow exceptions to the prohibition as the church or organization considers advisable.</subsection></subsection><subsection number="76-11-219(6)"><subsection number="76-11-219(6)(a)"><subsection number="76-11-219(6)(a)(i)">Within 30 days of giving or revoking any notice pursuant to Subsection <xref depth="4" refnumber="76-10-530(4)(c)">(4)(c)</xref>, <xref depth="4" refid="C76-10-S530_1800010118000101" refnumber="76-10-530(2)(d)" start="0">(d)</xref>, or <xref depth="4" refid="C76-10-S530_1800010118000101" refnumber="76-10-530(2)(e)" start="0">(e)</xref>, a church or organization operating a house of worship shall notify the division on a form and in a manner as the division shall prescribe.</subsection><subsection number="76-11-219(6)(a)(ii)">The division shall post on its website a list of the churches and organizations operating houses of worship who have given notice under Subsection <xref depth="4" refnumber="76-10-530(6)(a)(i)">(6)(a)(i)</xref>.</subsection></subsection><subsection number="76-11-219(6)(b)">Any notice given pursuant to Subsection <xref depth="4" refnumber="76-10-530(4)(c)">(4)(c)</xref>, <xref depth="4" refid="C76-10-S530_1800010118000101" refnumber="76-10-530(2)(d)" start="0">(d)</xref>, or <xref depth="4" refid="C76-10-S530_1800010118000101" refnumber="76-10-530(2)(e)" start="0">(e)</xref> shall remain in effect until revoked or for a period of one year from the date the notice was originally given, whichever occurs first.</subsection></subsection><subsection number="76-11-219(7)">This section does not permit an owner who has granted the lawful right of possession to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm in the residence.</subsection></section>