H.B. 129

1

FIREARMS MODIFICATIONS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Carl Wimmer
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions of Title 76, Chapter 10, Part 5, Weapons, related to conduct
10 involving firearms.
11 Highlighted Provisions:
12 This bill:
13 . provides an exemption for a person, who is 21 years of age or older and who may
14 lawfully possess a dangerous weapon, from certain criminal provisions in Title 76,
15 Chapter 10, Part 5, Weapons, related to the carrying of a dangerous weapon.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 76-10-505.5, as last amended by Laws of Utah 2003, Chapter 203
23 76-10-523, as last amended by Laws of Utah 2009, Chapter 362
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 76-10-505.5 is amended to read:
27 76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on

28 or about school premises -- Penalties.
29 (1) A person may not possess [any] a dangerous weapon, firearm, or sawed-off
30 shotgun, as those terms are defined in Section 76-10-501 , at a place that the person knows, or
31 has reasonable cause to believe, is on or about school premises as defined in Subsection
32 76-3-203.2 (1).
33 (2) (a) Possession of a dangerous weapon on or about school premises is a class B
34 misdemeanor.
35 (b) Possession of a firearm or sawed-off shotgun on or about school premises is a class
36 A misdemeanor.
37 (3) This section does not apply if:
38 (a) the person is authorized to possess a firearm as provided under Section 53-5-704 ,
39 53-5-705 , 76-10-511 , or Subsection 76-10-523 (1) or (2), or as otherwise authorized by law;
40 (b) the possession is approved by the responsible school administrator;
41 (c) the item is present or to be used in connection with a lawful, approved activity and
42 is in the possession or under the control of the person responsible for its possession or use; or
43 (d) the possession is:
44 (i) at the person's place of residence or on the person's property;
45 (ii) in any vehicle lawfully under the person's control, other than a vehicle owned by
46 the school or used by the school to transport students; or
47 (iii) at the person's place of business which is not located in the areas described in
48 Subsection 76-3-203.2 (1)(a)(i), (ii), or (iv).
49 (4) This section does not prohibit prosecution of a more serious weapons offense that
50 may occur on or about school premises.
51 Section 2. Section 76-10-523 is amended to read:
52 76-10-523. Persons exempt from weapons laws.
53 (1) This part and Title 53, Chapter 5, Part 7, Concealed [Weapon] Firearm Act, do not
54 apply to any of the following:
55 (a) a United States marshal;
56 (b) a federal official required to carry a firearm;
57 (c) a peace officer of this or any other jurisdiction;
58 (d) a law enforcement official as defined and qualified under Section 53-5-711 ;

59 (e) a judge as defined and qualified under Section 53-5-711 ;
60 (f) a common carrier while engaged in the regular and ordinary transport of firearms as
61 merchandise; or
62 (g) a nonresident traveling in or through the state, provided that any firearm is:
63 (i) unloaded; and
64 (ii) securely encased as defined in Section 76-10-501 .
65 (2) The provisions of Subsections 76-10-504 (1) and (2), and Section 76-10-505 do not
66 apply to any person to whom a permit to carry a concealed firearm has been issued:
67 (a) pursuant to Section 53-5-704 ; or
68 (b) by another state or county.
69 (3) The provisions of Subsections 76-10-504 (1) and (2) and Section 76-10-505 do not
70 apply to a person 21 years of age or older who may lawfully possess a dangerous weapon.




Legislative Review Note
as of 2-14-11 3:26 PM

Office of Legislative Research and General Counsel