S.B. 162

1

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

28 (i) the church or organization operating the house of worship;
29 (ii) the owner, lessee, or person with lawful right of possession of the private residence;
30 or
31 (iii) a person with authority to act for the person or entity in Subsections (2)(a)(i) and (ii);
32 or
33 (b) posting of signs reasonably likely to come to the attention of persons entering the house
34 of worship or private residence.
35 (3) Nothing in this section permits an owner who has granted the lawful right of possession
36 to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm in the
37 residence.
38 (4) A violation of this section is [an infraction] a class C misdemeanor, except as provided
39 in Subsection (6).
40 (5) A person licensed to carry a concealed firearm shall notify any church authority
41 authorized to prohibit firearms under Subsection (2) immediately after entering the house of
42 worship that he is carrying a concealed firearm.
43 (6) A person licensed to carry a concealed firearm who is convicted of violating this
44 section shall return his permit, which shall be void upon his conviction, within ten days to the
45 division:
46 (a) may not reapply or be approved for a permit to carry a concealed firearm until five
47 years after his first conviction; and
48 (b) upon a second conviction of violating this section is guilty of a class C misdemeanor
49 and may not be approved by the division for another concealed firearm permit.




Legislative Review Note
as of 1-20-00 10:43 AM

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

Office of Legislative Research and General Counsel