H.B. 83

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GUN EDUCATION FOR ELEMENTARY SCHOOLS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Bryan D. Holladay
5 AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING FOR MANDATORY
6 FIREARM INJURY PREVENTION COURSES IN THE PUBLIC ELEMENTARY
7 SCHOOLS; PROVIDING A PARENTAL CONSENT EXEMPTION; AND MAKING
8 CERTAIN TECHNICAL CHANGES.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 53A-13-106, as enacted by Chapter 86, Laws of Utah 1994
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 53A-13-106 is amended to read:
14 53A-13-106. Instruction in firearm safety -- Purpose -- Parental consent exception
15 -- Instructors.
16 (1) (a) School districts may permit the use of certified volunteers or school district teachers
17 for instruction of firearm safety education classes for [pupils] students enrolled in grades
18 Kindergarten to [8, inclusive] 6.
19 (b) The firearm safety education class [may] shall be taught:
20 (i) for one hour during one year to pupils in grades K-[4]3; and
21 (ii) for one hour during one year to pupils in grades [5-8; and] 4-6.
22 [(iii) no more than four times during that one-year period.]
23 (c) The certified volunteers or school district teachers instructing the firearm safety
24 education class are encouraged to utilize donated materials prepared by firearms training and
25 education organizations or to develop their own materials within existing budgets.
26 (2) The purpose of firearm safety education is to:
27 (a) develop the knowledge, habits, skills, and attitudes necessary for the safe handling of

1 firearms; and
2 (b) help students avoid firearm injuries.
3 (3) As used in this chapter, "firearm" means any firearm as defined in Section 76-10-501.
4 (4) The State Board of Education shall make rules [promulgated] pursuant to Title 63,
5 Chapter 46a, Utah Administrative Rulemaking Act, for:
6 (a) use of certified volunteers for instruction of firearm safety education classes in the
7 public schools;
8 (b) use of public school classrooms or auditoriums for these classes;
9 (c) school district review of donated materials before their use; and
10 (d) proof of certification as a firearm safety instructor.
11 (5) (a) [Every pupil may be required by the] The local school board shall require every
12 student in grades Kindergarten through 6 to participate in a firearm safety education class [which
13 may be] offered within the public schools under this section.
14 (b) A [pupil] student may be exempted from participation upon notification to the local
15 school by the [pupil's] student's parent or legal guardian that the parent or legal guardian wants the
16 [pupil] student exempted from the class in its entirety or any portion specified.
17 (6) If a [pupil] student is exempted under Subsection (5) [from the firearm safety education
18 class], the school [district] may provide other activities during the period of time in which the
19 [pupil] student would otherwise be participating in the program.
20 (7) The school districts may permit the Division of Wildlife Resources, local law
21 enforcement agencies, peace officers as defined in Section 77-1a-1, certified instructors, certified
22 hunter education instructors, and other certified firearms safety instructors, as provided by rules
23 [of the State Board of Education promulgated] adopted under Subsection (4)(a) to teach the firearm
24 safety education class on a voluntary basis.
25 (8) The school district is encouraged to maximize the use of existing firearm safety
26 educational materials which are available at minimal or no cost and the use of certified volunteer
27 instructors.
28 (9) The school district [may] shall review the class on a regular basis for its effectiveness.


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Legislative Review Note
as of 1-16-97 5:15 PM

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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