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H.B. 345
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5 This act modifies provisions relating to firearms. The act eliminates penalties for carrying
6 a concealed dangerous weapon without a permit. The act allows a person to carry a loaded
7 firearm in or on a vehicle or on any public street. The act makes conforming amendments
8 and technical changes.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 53-12-301.1, as enacted by Chapter 366, Laws of Utah 1999
12 58-63-307, as enacted by Chapter 215, Laws of Utah 1995
13 76-10-504, as last amended by Chapter 303, Laws of Utah 2000
14 76-10-505.5, as last amended by Chapters 10 and 289, Laws of Utah 1997
15 76-10-523, as last amended by Chapters 57 and 144, Laws of Utah 1997
16 REPEALS:
17 76-10-505, as last amended by Chapter 328, Laws of Utah 1990
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 53-12-301.1 is amended to read:
20 53-12-301.1. Olympic venue secure areas -- Restrictions -- Rulemaking authority ----
21 Notice -- Responsibilities -- Liability.
22 (1) For purposes of this section and Section 76-10-531 , "Olympic venues" means a specific
23 location:
24 (a) that is secured by a perimeter and public access is controlled; and
25 (b) where spectators view Olympic events; or
26 (c) designated for media or official athlete housing not open to the general public.
27 (2) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
28 Olympic law enforcement commander designated in Section 53-12-301 shall make rules:
29 (a) designating the locations of secure areas within Olympic venues where a firearm,
30 ammunition, dangerous weapon, or explosive, chemical, or incendiary device is prohibited
31 between January 25, 2002, and April 1, 2002;
32 (b) providing notice that a reasonable person would understand regarding:
33 (i) the locations of the Olympic venue secure areas where the items in Subsection (1)(a)
34 are prohibited;
35 (ii) the locations of public access entrances and exits to the Olympic venue secure areas;
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37 (iii) the locations of secure weapons storage areas;
38 (iv) the penalty for violating Section 76-10-531 , restriction of dangerous weapons in
39 Olympic venue secure areas; and
40 (c) designating persons authorized to carry weapons into Olympic venues, including those
41 persons exempted by [
42 (3) The notice in Subsection (1)(b) shall include:
43 (a) written notice provided to a person at the time the person receives tickets to events at
44 Olympic venue secure areas; and
45 (b) at least one notice prominently displayed at each entrance to every Olympic venue
46 secure area in which a dangerous weapon or explosive is prohibited.
47 (4) The Olympic law enforcement commander:
48 (a) shall use reasonable means, which may include mechanical, electronic, x-ray, or any
49 other device to detect dangerous weapons or explosives concealed in or upon the person of any
50 individual attempting to enter an Olympic venue secure area;
51 (b) may provide secure weapons storage areas so that persons may store their weapons
52 prior to entering an Olympic venue secure area; and
53 (c) shall provide instructions to personnel operating an Olympic venue secure area that,
54 upon discovery of a firearm possessed by a person licensed to carry a concealed firearm, the
55 personnel may:
56 (i) require the person to deliver the firearm to a secure weapons storage area permitted by
57 Subsection (3)(b); or
58 (ii) require the person to exit the Olympic venue secure area.
59 (5) A cause of action may be maintained against the state for any injury where an
60 individual can establish by clear and convincing evidence that:
61 (a) if a person licensed to carry a concealed firearm had been able to access the concealed
62 firearm the injury would not have occurred to that individual or others; and
63 (b) the individual suffered damages as a consequence.
64 (6) Nothing in Subsection (5) modifies or amends Title 63, Chapter 30, Governmental
65 Immunity Act.
66 Section 2. Section 58-63-307 is amended to read:
67 58-63-307. Use of firearms.
68 (1) An individual licensed as an armed private security officer may carry a firearm only
69 while acting as an armed private security officer in accordance with this chapter and rules made
70 under this chapter.
71 (2) An individual licensed as an armed private security officer is exempt from the
72 provisions of [
73 officer in accordance with this chapter and rules made under this chapter.
74 Section 3. Section 76-10-504 is amended to read:
75 76-10-504. Carrying concealed dangerous weapon -- Penalties.
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85 of a second degree felony.
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87 is used in the commission of a violent felony as defined in Section 76-3-203.5 , and the person is
88 a party to the offense, the person is guilty of a second degree felony.
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90 lawful taking of protected or unprotected wildlife as defined in Title 23, Wildlife Resources Code,
91 from carrying a concealed weapon or a concealed firearm with a barrel length of four inches or
92 greater as long as the taking of wildlife does not occur:
93 (a) within the limits of a municipality in violation of that municipality's ordinances; or
94 (b) upon the highways of the state as defined in Section 41-6-1 .
95 Section 4. Section 76-10-505.5 is amended to read:
96 76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on or
97 about school premises -- Penalties.
98 (1) A person may not possess any dangerous weapon, firearm, or sawed-off shotgun, as
99 those terms are defined in Section 76-10-501 , at a place that the person knows, or has reasonable
100 cause to believe, is on or about school premises.
101 (2) (a) Possession of a dangerous weapon on or about school premises is a class B
102 misdemeanor.
103 (b) Possession of a firearm or sawed-off shotgun on or about school premises is a class A
104 misdemeanor.
105 (3) This section applies to any person, except persons authorized to possess a firearm as
106 provided under Sections 53-5-704 , 53-5-705 , 53A-3-502 , 76-10-511 , 76-10-523 , [
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108 (4) This section does not prohibit prosecution of a more serious weapons offense that may
109 occur on or about school premises.
110 Section 5. Section 76-10-523 is amended to read:
111 76-10-523. Persons exempt from weapons laws.
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113 of the following:
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116 his official duties;
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122 as merchandise; or
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132 Section 6. Repealer.
133 This act repeals:
134 Section 76-10-505, Carrying loaded firearm in vehicle or on street.
Legislative Review Note
as of 2-15-01 12:06 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.