H.B. 41

1

RESTRICTIONS ON WEAPONS IN AIRPORTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: John B. Arrington
5 AN ACT RELATING TO CRIMINAL CODE; PROVIDING THAT PERSONS MAY NOT
6 POSSESS DANGEROUS WEAPONS OR EXPLOSIVES IN AIRPORT SECURE AREAS;
7 ESTABLISHING A PENALTY; PROVIDING EXCEPTIONS; AUTHORIZING CERTAIN
8 ENTITIES TO ESTABLISH AND ADMINISTER SECURE AREAS IN AIRPORTS;
9 PROVIDING FOR NOTICE OF AREAS WHERE DANGEROUS WEAPONS AND
10 EXPLOSIVES MAY NOT BE CARRIED; AND CROSS-REFERENCING RESTRICTED
11 AREAS.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 ENACTS:
14 53-5-710, Utah Code Annotated 1953
15 76-10-529, Utah Code Annotated 1953
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 53-5-710 is enacted to read:
18 53-5-710. Cross-references to concealed firearm permit restrictions.
19 A person with a permit to carry a concealed firearm may not carry a concealed firearm in
20 the following locations:
21 (1) any secure area prescribed in Section 76-10-523.5 in which firearms are prohibited and
22 notice of the prohibition posted; and
23 (2) in any airport secure area as provided in Section 76-10-529.
24 Section 2. Section 76-10-529 is enacted to read:
25 76-10-529. Possession of dangerous weapons, firearms, or explosives in airport secure
26 areas prohibited -- Penalty.
27 (1) As used in this section:

1 (a) "Airport authority" is the same as defined in Section 17A-2-1502.
2 (b) "Dangerous weapon" is the same as defined in Section 76-10-501.
3 (c) "Explosive" is the same as defined for "explosive, chemical, or incendiary device" in
4 Section 76-10-306.
5 (d) "Firearm" is the same as defined in Section 76-10-501.
6 h [(2) Except as provided in Section 76-10-523, a person, including a person licensed to carry
7 a concealed firearm under Title 53, Chapter 5, Part 7, Concealed Weapons Act, is guilty of a class
8 A misdemeanor if the person possesses any dangerous weapon, firearm, or any explosive at a place
9 that the person knows or has reasonable cause to believe is within a secure area of an airport
10 established pursuant to this section. ]
10a (2)(a) WITHIN A SECURE AREA OF AN AIRPORT ESTABLISHED PURSUANT TO THIS SECTION,
10b A PERSON, INCLUDING A PERSON LICENSED TO CARRY A CONCEALED FIREARM UNDER TITLE 53,
10c CHAPTER 5, PART 7, CONCEALED WEAPONS ACT, IS GUILTY OF:
10d (i) A CLASS B MISDEMEANOR IF THE PERSON KNOWINGLY OR INTENTIONALLY POSSESSES
10e ANY DANGEROUS WEAPON, FIREARM, OR EXPLOSIVE; OR
10f (ii) AN INFRACTION IF THE PERSON RECKLESSLY OR WITH CRIMINAL NEGLIGENCE
10g POSSESSES ANY DANGEROUS WEAPON, FIREARM, OR EXPLOSIVE.
10h (b) SUBSECTION (2)(a) DOES NOT APPLY TO:
10i (i) PERSONS EXEMPTED UNDER SECTION 76-10-523; AND
10j (ii) MEMBERS OF THE STATE OR FEDERAL MILITARY FORCES WHILE ENGAGED IN THE
10k PERFORMANCE OF THEIR OFFICIAL DUTIES. h
11 (3) An airport authority, county, or municipality regulating the airport may:
12 (a) establish any secure area located beyond the main area where the public generally buys
13 tickets h [ and ] , h checks h AND RETRIEVES h luggage; and
14 (b) use reasonable means, including mechanical, electronic, x-ray, or any other device, to
15 detect dangerous weapons, firearms, or explosives concealed in baggage or upon the person of any
16 individual attempting to enter the secure area.
17 (4) At least one notice shall be prominently displayed at each entrance to a secure area in
18 which a dangerous weapon, firearm, or explosive is restricted.
19 (5) Upon the discovery of any dangerous weapon, firearm, or explosive, the airport
20 authority, h [its ] COUNTY, OR MUNICIPALITY, THE h employees, or other personnel administering
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lilac-February 17, 1997

20a the secure area may:
21 (a) require the individual to deliver the item to the air freight office or airline ticket
22 counter;
23 (b) require the individual to exit the secure area; or
24 (c) obtain possession or retain custody of the item until it is transferred to law enforcement
25 officers.






















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lilac-February 17, 1997

Legislative Review Note
as of 12-17-96 10:42 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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