S.B. 39

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PRIVATE PROPERTY OWNERS' RIGHT TO
2 PROHIBIT DANGEROUS WEAPONS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Michael G. Waddoups
6 AN ACT RELATING TO PUBLIC SAFETY AND THE CRIMINAL CODE; SPECIFYING
7 CERTAIN RESTRICTED AREAS WHERE CONCEALED PERMIT HOLDERS MAY NOT
8 CARRY FIREARMS; PROVIDING THAT DANGEROUS WEAPONS MAY BE
9 PROHIBITED ON PRIVATE PROPERTY, INCLUDING HOUSES OF WORSHIP, IN
10 CERTAIN CIRCUMSTANCES; PROVIDING A PENALTY; MODIFYING PERSONS
11 EXEMPT FROM WEAPONS LAWS; AND MAKING TECHNICAL CORRECTIONS.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 53-5-704, as last amended by Chapter 1, Laws of Utah 1996
15 76-6-206, as last amended by Chapter 142, Laws of Utah 1996
16 76-10-523, as last amended by Chapter 80, Laws of Utah 1995
17 ENACTS:
18 53-5-710, Utah Code Annotated 1953
19 Be it enacted by the Legislature of the state of Utah:
20 Section 1. Section 53-5-704 is amended to read:
21 53-5-704. Division duties -- Permit to carry concealed firearm -- Requirements for
22 issuance -- Violation -- Appeal procedure.
23 (1) The division or its designated agent shall issue a permit to carry a concealed firearm
24 for lawful self defense to an applicant who is 21 years of age or older within 60 days after
25 receiving an application and upon proof that the person applying is of good character. The permit
26 is valid throughout the state, without restriction, for two years except in the areas listed in Section
27 53-5-710.

1 (2) An applicant satisfactorily demonstrates good character if he:
2 (a) has not been convicted of a felony;
3 (b) has not been convicted of any crime of violence;
4 (c) has not been convicted of any offenses involving the use of alcohol;
5 (d) has not been convicted of any offense involving the unlawful use of narcotics or other
6 controlled substances;
7 (e) has not been convicted of any offenses involving moral turpitude;
8 (f) has not been convicted of any offense involving domestic violence; and
9 (g) has not been adjudicated by a court of a state or of the United States as mentally
10 incompetent, unless the adjudication has been withdrawn or reversed.
11 (3) (a) The division may deny a concealed firearm permit if the licensing authority has
12 reasonable cause to believe that the applicant has been or is a danger to self or others as
13 demonstrated by evidence including, but not limited to:
14 (i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
15 or
16 (ii) past participation in incidents involving unlawful violence or threats of unlawful
17 violence.
18 (b) In determining whether the applicant has been or is a danger to self or others, the
19 division may inspect:
20 (i) expunged records of arrests and convictions of adults as provided in Section 77-18-15;
21 and
22 (ii) juvenile court records as provided in Section 78-3a-206.
23 (4) A former peace officer who departs full-time employment as a peace officer, in an
24 honorable manner, shall be issued a concealed firearm permit within five years of that departure
25 if the officer meets the requirements of this section.
26 (5) In assessing good character under Subsection (2), the licensing authority shall consider
27 mitigating circumstances.
28 (6) The licensing authority shall also require the applicant to provide:
29 (a) letters of character reference;
30 (b) two recent dated photographs;
31 (c) two sets of fingerprints;

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1 (d) a five-year employment history;
2 (e) a five-year residential history; and
3 (f) evidence of general familiarity with the types of firearms to be concealed as defined
4 in Subsection (7).
5 (7) (a) General familiarity with the types of firearms to be concealed includes training in:
6 (i) the safe loading, unloading, storage, and carrying of the types of firearms to be
7 concealed; and
8 (ii) current laws defining lawful use of a firearm by a private citizen, including lawful
9 self-defense, use of deadly force, transportation, and concealment.
10 (b) Evidence of general familiarity with the types of firearms to be concealed is satisfied
11 by one of the following:
12 (i) completion of a course of instruction conducted by any national, state, or local firearms
13 training organization approved by the division;
14 (ii) certification of general familiarity by a person who has been approved by the division,
15 which may include a law enforcement officer, military or civilian firearms instructor, or hunter
16 safety instructor; or
17 (iii) equivalent experience with a firearm through participation in an organized shooting
18 competition, law enforcement, or military service.
19 (8) In issuing a permit under this part, the licensing authority is not vicariously liable for
20 damages caused by the permit holder.
21 (9) If any person knowingly and willfully provides false information on an application
22 filed under this part, he is guilty of a class B misdemeanor. Upon conviction, if a decision on the
23 application is pending, the application shall be denied; if the permit has been issued, it shall be
24 immediately revoked.
25 (10) (a) In the event of a denial or revocation by the agency, the applicant may, within 60
26 days of the date the denial or revocation is received by the applicant, file a petition for review with
27 the board.
28 (b) The denial of a permit shall be in writing and shall include the general reasons for the
29 action.
30 (c) If an applicant appeals his denial to the review board, the applicant may have access
31 to the evidence upon which the denial is based in accordance with Title 63, Chapter 2, Government

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1 Records Access and Management Act.
2 Section 2. Section 53-5-710 is enacted to read:
3 53-5-710. Cross references to concealed firearm permit restrictions.
4 As provided in the following cross-referenced sections, a person with a permit to carry a
5 concealed firearm may not carry a concealed firearm in the following locations:
6 (1) any secure area prescribed in Section 76-10-523.5 in which firearms are prohibited and
7 notice of the prohibition is posted; and
8 (2) on private property not open to the general public and in houses of worship as provided
9 in Section 76-6-206.
10 Section 3. Section 76-6-206 is amended to read:
11 76-6-206. Criminal trespass.
12 (1) For purposes of this section:
13 (a) "Dangerous weapon" means the same as defined in Section 76-10-501.
14 (b) "[enter] Enter" means intrusion of the entire body.
15 (c) "House of worship" means a church, synagogue, mosque, or other building set apart
16 primarily for the purpose of worship in which religious services are held and the main body of
17 which is kept for that use and not put to any other use inconsistent with its primary purpose.
18 (2) A person is guilty of criminal trespass if, under circumstances not amounting to
19 burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204:
20 (a) he enters or remains unlawfully on property and:
21 (i) intends to cause annoyance or injury to any person or damage to any property,
22 including the use of graffiti as defined in Section 76-6-107;
23 (ii) intends to commit any crime, other than theft or a felony; or
24 (iii) is reckless as to whether his presence will cause fear for the safety of another; or
25 (b) knowing his entry or presence is unlawful, he enters or remains on property as to which
26 notice against entering is given by either:
27 (i) personal communication to the actor by the owner or someone with apparent authority
28 to act for the owner;
29 (ii) fencing or other enclosure obviously designed to exclude intruders; or
30 (iii) posting of signs reasonably likely to come to the attention of intruders or those
31 persons to whom the owner, lessee, or person with the lawful right to possession or use desires to

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1 prohibit entry pursuant to Subsections (3) and (4).
2 (3) A property owner, lessee, or person with the lawful right of possession or use of
3 property not open to the general public, or any person or institution operating a house of worship,
4 regardless of whether the house of worship is open to the public:
5 (a) retains the right to prohibit any person, including a person licensed to carry a concealed
6 firearm pursuant to Title 53, Chapter 5, Part 7, Concealed Weapon Act, from bringing a dangerous
7 weapon or firearm onto the property; and
8 (b) may exercise the right to prohibit the entry by giving notice in the same manner as
9 prescribed in Subsection (2)(b).
10 [(3)] (4) (a) A violation of Subsection (2)(a) is a class C misdemeanor unless it was
11 committed in a dwelling, in which event it is a class B misdemeanor.
12 (b) A violation of Subsection (2)(b) is an infraction.
13 (c) A violation of Subsection (3) is an infraction, unless the person has received a personal
14 communication as provided in Subsection (2)(b)(i), in which event it is a class C misdemeanor.
15 [(4)] (5) It is a defense to prosecution under this section that the:
16 (a) property was not a house of worship and was open to the public when the actor entered
17 or remained[;] and [(b)] the actor's conduct did not substantially interfere with the owner's use of
18 the property[.]; or
19 (b) person in possession of the dangerous weapon or firearm is otherwise authorized by
20 law to enter or remain on the owner's or lessee's property.
21 Section 4. Section 76-10-523 is amended to read:
22 76-10-523. Persons exempt from certain weapons laws.
23 (1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to any
24 of the following:
25 (a) a United States marshal while engaged in the performance of his official duties;
26 (b) a federal official required to carry a firearm while engaged in the performance of his
27 official duties;
28 (c) a law enforcement official of this or any other jurisdiction while engaged in the
29 performance of his official duties; or
30 (d) a common carrier while engaged in the regular and ordinary transport of firearms as
31 merchandise[;].

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1 [(e)] (2) Except for the locations cross-referenced in Section 53-5-710, this part and Title
2 53, Chapter 5, Part 7, Concealed Weapons, do not apply to a nonresident traveling in or through
3 the state, provided that any firearm is:
4 (i) unloaded; and
5 (ii) securely encased as defined in Section 76-10-501.
6 [(2)] (3) The provisions of Subsections 76-10-504(1)(a), (1)(b), and Section 76-10-505 do
7 not apply to any person to whom a permit to carry a concealed firearm has been issued pursuant
8 to Section 53-5-704.




Legislative Review Note
as of 1-3-97 8:21 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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