H.B. 76 Enrolled

1

CONCEALED WEAPON CARRY AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: John G. Mathis
5 Senate Sponsor: Allen M. Christensen
6 Cosponsors:
7 Jacob L. Anderegg
8 Brian M. GreeneRonda Rudd Menlove
Curtis Oda
Paul RayRyan D. Wilcox 9
10 LONG TITLE
11 General Description:
12 This bill amends provisions of Title 76, Chapter 10, Part 5, Weapons, related to conduct
13 involving the carrying of a concealed firearm.
14 Highlighted Provisions:
15 This bill:
16 . provides an exemption for a person, who is 21 years of age or older and who may
17 lawfully possess a firearm, from certain criminal provisions related to the carrying
18 of an unloaded concealed firearm.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 76-10-505, as last amended by Laws of Utah 2009, Chapter 362
26 76-10-505.5, as last amended by Laws of Utah 2011, Chapter 91
27 76-10-523, as last amended by Laws of Utah 2009, Chapter 362
28

29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 76-10-505 is amended to read:
31 76-10-505. Carrying loaded firearm in vehicle or on street.
32 (1) Unless otherwise authorized by law, a person may not carry a loaded firearm:
33 (a) in or on a vehicle, unless:
34 (i) the vehicle is in the person's lawful possession; or
35 (ii) the person is carrying the loaded firearm in a vehicle with the consent of the person
36 lawfully in possession of the vehicle;
37 (b) on a public street; or
38 (c) in a posted prohibited area.
39 (2) Subsection (1)(a) does not apply to a minor under 18 years of age, since a minor
40 under 18 years of age may not carry a loaded firearm in or on a vehicle.
41 (3) Notwithstanding Subsection (1)(a)(i) and (ii), and Subsection 76-10-523 (3), a
42 person may not possess a loaded rifle, shotgun, or muzzle-loading rifle in a vehicle.
43 (4) A violation of this section is a class B misdemeanor.
44 Section 2. Section 76-10-505.5 is amended to read:
45 76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on
46 or about school premises -- Penalties.
47 (1) As used in this section, "on or about school premises" means:
48 (a) (i) in a public or private elementary or secondary school; or
49 (ii) on the grounds of any of those schools;
50 (b) (i) in a public or private institution of higher education; or
51 (ii) on the grounds of a public or private institution of higher education; and
52 (iii) (A) inside the building where a preschool or child care is being held, if the entire
53 building is being used for the operation of the preschool or child care; or
54 (B) if only a portion of a building is being used to operate a preschool or child care, in
55 that room or rooms where the preschool or child care operation is being held.
56 (2) A person may not possess any dangerous weapon, firearm, or sawed-off shotgun, as

57 those terms are defined in Section 76-10-501 , at a place that the person knows, or has
58 reasonable cause to believe, is on or about school premises as defined in this section.
59 (3) (a) Possession of a dangerous weapon on or about school premises is a class B
60 misdemeanor.
61 (b) Possession of a firearm or sawed-off shotgun on or about school premises is a class
62 A misdemeanor.
63 (4) This section does not apply if:
64 (a) the person is authorized to possess a firearm as provided under Section 53-5-704 ,
65 53-5-705 , 76-10-511 , or Subsection 76-10-523 (1) or (2), or as otherwise authorized by law;
66 (b) the possession is approved by the responsible school administrator;
67 (c) the item is present or to be used in connection with a lawful, approved activity and
68 is in the possession or under the control of the person responsible for its possession or use; or
69 (d) the possession is:
70 (i) at the person's place of residence or on the person's property; or
71 (ii) in any vehicle lawfully under the person's control, other than a vehicle owned by
72 the school or used by the school to transport students.
73 (5) This section does not prohibit prosecution of a more serious weapons offense that
74 may occur on or about school premises.
75 Section 3. Section 76-10-523 is amended to read:
76 76-10-523. Persons exempt from weapons laws.
77 (1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to
78 any of the following:
79 (a) a United States marshal;
80 (b) a federal official required to carry a firearm;
81 (c) a peace officer of this or any other jurisdiction;
82 (d) a law enforcement official as defined and qualified under Section 53-5-711 ;
83 (e) a judge as defined and qualified under Section 53-5-711 ;
84 (f) a common carrier while engaged in the regular and ordinary transport of firearms as

85 merchandise; or
86 (g) a nonresident traveling in or through the state, provided that any firearm is:
87 (i) unloaded; and
88 (ii) securely encased as defined in Section 76-10-501 .
89 (2) The provisions of Subsections 76-10-504 (1) and (2), and Section 76-10-505 do not
90 apply to any person to whom a permit to carry a concealed firearm has been issued:
91 (a) pursuant to Section 53-5-704 ; or
92 (b) by another state or county.
93 (3) The provisions of Subsection 76-10-504(1) does not apply to a person 21 years of
94 age or older who may lawfully possess a firearm, as long as the firearm is not loaded.

[Bill Documents]