H.B. 41 Enrolled

RESTRICTIONS ON WEAPONS IN AIRPORTS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: John B. Arrington
AN ACT RELATING TO CRIMINAL CODE; PROVIDING THAT PERSONS MAY NOT
POSSESS DANGEROUS WEAPONS OR EXPLOSIVES IN AIRPORT SECURE
AREAS; ESTABLISHING A PENALTY; PROVIDING EXCEPTIONS; AUTHORIZING
CERTAIN ENTITIES TO ESTABLISH AND ADMINISTER SECURE AREAS IN
AIRPORTS; PROVIDING FOR NOTICE OF AREAS WHERE DANGEROUS
WEAPONS AND EXPLOSIVES MAY NOT BE CARRIED; AND
CROSS-REFERENCING RESTRICTED AREAS.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
53-5-710, Utah Code Annotated 1953
76-10-529, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53-5-710 is enacted to read:
53-5-710. Cross-references to concealed firearm permit restrictions.
A person with a permit to carry a concealed firearm may not carry a concealed firearm in
the following locations:
(1) any secure area prescribed in Section 76-10-523.5 in which firearms are prohibited and
notice of the prohibition posted; and
(2) in any airport secure area as provided in Section 76-10-529.
Section 2. Section 76-10-529 is enacted to read:
76-10-529. Possession of dangerous weapons, firearms, or explosives in airport secure
areas prohibited -- Penalty.
(1) As used in this section:
(a) "Airport authority" is the same as defined in Section 17A-2-1502.
(b) "Dangerous weapon" is the same as defined in Section 76-10-501.

(c) "Explosive" is the same as defined for "explosive, chemical, or incendiary device" in
Section 76-10-306.
(d) "Firearm" is the same as defined in Section 76-10-501.
(2) (a) Within a secure area of an airport established pursuant to this section, a person,
including a person licensed to carry a concealed firearm under Title 53, Chapter 5, Part 7, Concealed
Weapons Act, is guilty of:
(i) a class B misdemeanor if the person knowingly or intentionally possesses any dangerous
weapon, firearm, or explosive; or
(ii) an infraction if the person recklessly or with criminal negligence possesses any
dangerous weapon, firearm, or explosive.
(b) Subsection (2)(a) does not apply to:
(i) persons exempted under Section 76-10-523; and
(ii) members of the state or federal military forces while engaged in the performance of their
official duties.
(3) An airport authority, county, or municipality regulating the airport may:
(a) establish any secure area located beyond the main area where the public generally buys
tickets, checks and retrieves luggage; and
(b) use reasonable means, including mechanical, electronic, x-ray, or any other device, to
detect dangerous weapons, firearms, or explosives concealed in baggage or upon the person of any
individual attempting to enter the secure area.
(4) At least one notice shall be prominently displayed at each entrance to a secure area in
which a dangerous weapon, firearm, or explosive is restricted.
(5) Upon the discovery of any dangerous weapon, firearm, or explosive, the airport
authority, county, or municipality, the employees, or other personnel administering the secure area
may:
(a) require the individual to deliver the item to the air freight office or airline ticket counter;
(b) require the individual to exit the secure area; or
(c) obtain possession or retain custody of the item until it is transferred to law enforcement

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officers.

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