S.B. 175

1

WEAPONS AMENDMENTS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Mark B. Madsen
5
6 LONG TITLE
7 General Description:
8 This bill modifies provisions of the Utah Criminal Code dealing with the possession
9 and carrying of weapons.
10 Highlighted Provisions:
11 This bill:
12 . creates an exception to penalty provisions related to the carrying of a concealed
13 dangerous weapon, which is not a firearm, to include carrying a concealed
14 dangerous weapon in or on a vehicle lawfully under a person's control;
15 . removes the prohibition from carrying a loaded firearm in or on a vehicle,
16 conditioned on the vehicle being lawfully under the person's control; and
17 . provides that a person may have a loaded firearm at the person's residence, on the
18 person's property, in or on a vehicle legally under the person's control, and at a
19 business under the person's control.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 76-10-504, as last amended by Chapter 303, Laws of Utah 2000
27 76-10-505, as last amended by Chapter 328, Laws of Utah 1990

28 76-10-511, as last amended by Chapter 234, Laws of Utah 1993
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 76-10-504 is amended to read:
32 76-10-504. Carrying concealed dangerous weapon -- Penalties.
33 (1) Except as provided in Section 76-10-503 and in Subsections (2) and (3):
34 (a) a person who carries a concealed dangerous weapon, as defined in Section
35 76-10-501 , which is not a firearm on his person or one that is readily accessible for immediate
36 use which is not securely encased, as defined in this part, in or on a place other than [his] the
37 person's residence, property, a vehicle in the person's lawful possession, or a vehicle under the
38 person's lawful control, or in or on a vehicle with the consent of the person lawfully in control
39 or possession of the vehicle, or business under [his] the person's control is guilty of a class B
40 misdemeanor; and
41 (b) a person without a valid concealed firearm permit who carries a concealed
42 dangerous weapon in or on a place other than the person's residence, property, a vehicle in the
43 person's lawful possession, a vehicle under the person's lawful control, or in or on a vehicle
44 with the consent of the person lawfully in control or possession of the vehicle, or business
45 under the person's control, which is a firearm and that contains no ammunition is guilty of a
46 class B misdemeanor, but if the firearm contains ammunition the person is guilty of a class A
47 misdemeanor.
48 (2) A person who carries concealed a sawed-off shotgun or a sawed-off rifle is guilty of
49 a second degree felony.
50 (3) If the concealed firearm is used in the commission of a violent felony as defined in
51 Section 76-3-203.5 , and the person is a party to the offense, the person is guilty of a second
52 degree felony.
53 (4) Nothing in Subsection (1) [shall prohibit] prohibits a person engaged in the lawful
54 taking of protected or unprotected wildlife as defined in Title 23, Wildlife Resources Code,
55 from carrying a concealed weapon or a concealed firearm with a barrel length of four inches or
56 greater as long as the taking of wildlife does not occur:
57 (a) within the limits of a municipality in violation of that municipality's ordinances; or
58 (b) upon the highways of the state as defined in Section 41-6-1 .

59 Section 2. Section 76-10-505 is amended to read:
60 76-10-505. Carrying loaded firearm in a vehicle, on street, or in a posted
61 prohibited area.
62 (1) Unless otherwise authorized by law, a person may not carry a loaded firearm:
63 (a) in or on a vehicle, unless the vehicle is in the person's lawful possession or under
64 the person's lawful control, or the person is carrying a loaded firearm in a vehicle with the
65 consent of the person lawfully in control or possession of the vehicle;
66 (b) on [any] a public street; or
67 (c) in a posted prohibited area.
68 (2) A violation of this section is a class B misdemeanor.
69 Section 3. Section 76-10-511 is amended to read:
70 76-10-511. Possession of loaded weapon authorized at specific locations.
71 Except for persons described in Section 76-10-503 , a person may have a loaded and/or
72 concealed firearm:
73 (1) at [his] the person's place of residence, including any temporary residence or
74 camp[.];
75 (2) on the person's property;
76 (3) in or on a vehicle lawfully in the person's lawful possession, or a vehicle under the
77 person's lawful control, or a vehicle with the consent of the person lawfully in control or
78 possession of the vehicle; or
79 (4) at a business under the person's control.




Legislative Review Note
as of 2-22-05 11:29 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel