First Substitute S.B. 162

Senator Lane Beattie proposes to substitute the following bill:

1 RESTRICTIONS ON WEAPONS - HOUSES OF WORSHIP
2 2000 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Lane Beattie
5 AN ACT RELATING TO WEAPONS; AMENDING RESTRICTIONS ON A PERSON,
6 INCLUDING A CONCEALED FIREARM PERMIT HOLDER, IN HOUSES OF WORSHIP;
7 ENACTING PROVISIONS REGARDING A CONCEALED FIREARM PERMIT UPON THE
8 CONVICTION OF A PERMIT HOLDER; AND MODIFYING THE PENALTY.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 76-10-530, as enacted by Chapter 366, Laws of Utah 1999
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 76-10-530 is amended to read:
14 76-10-530. Trespass with a firearm in a house of worship or a private residence --
15 Notice -- Penalty -- Concealed firearm provisions.
16 (1) A person, including a person licensed to carry a concealed firearm pursuant to Title 53,
17 Chapter 5, Part 7, Concealed Weapon Act, after having received notice as provided in Subsection
18 (2) that firearms are prohibited, may not knowingly and intentionally:
19 (a) transport a firearm into:
20 (i) a house of worship; or
21 (ii) a private residence; or
22 (b) while in possession of a firearm, enter or remain in:
23 (i) a house of worship; or
24 (ii) a private residence.
25 (2) Notice that firearms are prohibited may be made by:

26 (a) personal communication to the actor by:
27 (i) the church or organization operating the house of worship;
28 (ii) the owner, lessee, or person with lawful right of possession of the private residence;
29 or
30 (iii) a person with authority to act for the person or entity in Subsections (2)(a)(i) and (ii);
31 or
32 (b) posting of signs reasonably likely to come to the attention of persons entering the house
33 of worship or private residence.
34 (3) Nothing in this section permits an owner who has granted the lawful right of possession
35 to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm in the
36 residence.
37 (4) A violation of this section is S [ [ ] an infraction [ ] a class C misdemeanor ] s .
38 (5) A person licensed to carry a concealed firearm shall notify any church authority
39 authorized to prohibit firearms under Subsection (2) prior to or immediately after entering the
40 house of worship that he is carrying a concealed firearm.
41 (6) (a) The person may indicate to any church authority authorized under Subsection (2)
42 during the notification in Subsection (5) how often and under what types of circumstances he
43 might be carrying a concealed firearm in the house of worship.
44 (b) The person shall repeat the notification required in Subsection (5) to the new church
45 authority if the church authority in Subsection (2) changes.