S.B. 249

1

FIREARM POSSESSION AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Mark B. Madsen
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill provides that a person who complies with Utah law regarding the possession
10 of firearms is exempt from federal license and verification provisions.
11 Highlighted Provisions:
12 This bill:
13 . provides that a person who complies with Utah law regarding the possession of
14 firearms is exempt from license and verification provisions in18 U.S.C.
15 922(q)(2)(B)(ii).
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 2011, Chapter 91
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-10-505.5 is amended to read:
26 76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on
27 or about school premises -- Penalties.

28 (1) As used in this section, "on or about school premises" means:
29 (a) (i) in a public or private elementary or secondary school; or
30 (ii) on the grounds of any of those schools;
31 (b) (i) in a public or private institution of higher education; or
32 (ii) on the grounds of a public or private institution of higher education; and
33 [(iii) (A)] (c) (i) inside the building where a preschool or child care is being held, if the
34 entire building is being used for the operation of the preschool or child care; or
35 [(B)] (ii) if only a portion of a building is being used to operate a preschool or child
36 care, in that room or rooms where the preschool or child care operation is being held.
37 (2) A person may not possess any dangerous weapon, firearm, or sawed-off shotgun, as
38 those terms are defined in Section 76-10-501 , at a place that the person knows, or has
39 reasonable cause to believe, is on or about school premises as defined in this section.
40 (3) (a) Possession of a dangerous weapon on or about school premises is a class B
41 misdemeanor.
42 (b) Possession of a firearm or sawed-off shotgun on or about school premises is a class
43 A misdemeanor.
44 (4) This section does not apply if:
45 (a) the person is authorized to possess a firearm as provided under Section 53-5-704 ,
46 53-5-705 , 76-10-511 , or 76-10-523 , or as otherwise authorized by law;
47 (b) the possession is approved by the responsible school administrator;
48 (c) the item is present or to be used in connection with a lawful, approved activity and
49 is in the possession or under the control of the person responsible for its possession or use; or
50 (d) the possession is:
51 (i) at the person's place of residence or on the person's property; or
52 (ii) in any vehicle lawfully under the person's control, other than a vehicle owned by
53 the school or used by the school to transport students.
54 (5) Any person who is not prohibited from possessing a firearm as defined in Section
55 76-10-503 , and is not in violation of this section, is considered to be individually licensed and
56 verified by the state for the purposes of 18 U.S.C. 922(q)(2)(B)(ii).
57 [(5)] (6) This section does not prohibit prosecution of a more serious weapons offense
58 that may occur on or about school premises.

Legislative Review Note
as of 2-3-12 10:21 AM

Office of Legislative Research and General Counsel