First Substitute H.B. 76

Representative John G. Mathis proposes the following substitute bill:

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
7 LONG TITLE
8 General Description:
9 This bill amends provisions of Title 76, Chapter 10, Part 5, Weapons, related to conduct
10 involving the carrying of a concealed firearm.
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 firearm, from certain criminal provisions related to the carrying
15 of an unloaded concealed firearm.
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, as last amended by Laws of Utah 2009, Chapter 362
23 76-10-505.5, as last amended by Laws of Utah 2011, Chapter 91
24 76-10-523, as last amended by Laws of Utah 2009, Chapter 362
25

26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 76-10-505 is amended to read:
28 76-10-505. Carrying loaded firearm in vehicle or on street.
29 (1) Unless otherwise authorized by law, a person may not carry a loaded firearm:
30 (a) in or on a vehicle, unless:
31 (i) the vehicle is in the person's lawful possession; or
32 (ii) the person is carrying the loaded firearm in a vehicle with the consent of the person
33 lawfully in possession of the vehicle;
34 (b) on a public street; or
35 (c) in a posted prohibited area.
36 (2) Subsection (1)(a) does not apply to a minor under 18 years of age, since a minor
37 under 18 years of age may not carry a loaded firearm in or on a vehicle.
38 (3) Notwithstanding Subsection (1)(a)(i) and (ii), and Subsection 76-10-523 (3), a
39 person may not possess a loaded rifle, shotgun, or muzzle-loading rifle in a vehicle.
40 (4) A violation of this section is a class B misdemeanor.
41 Section 2. Section 76-10-505.5 is amended to read:
42 76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on
43 or about school premises -- Penalties.
44 (1) As used in this section, "on or about school premises" means:
45 (a) (i) in a public or private elementary or secondary school; or
46 (ii) on the grounds of any of those schools;
47 (b) (i) in a public or private institution of higher education; or
48 (ii) on the grounds of a public or private institution of higher education; and
49 (iii) (A) inside the building where a preschool or child care is being held, if the entire
50 building is being used for the operation of the preschool or child care; or
51 (B) if only a portion of a building is being used to operate a preschool or child care, in
52 that room or rooms where the preschool or child care operation is being held.
53 (2) A person may not possess any dangerous weapon, firearm, or sawed-off shotgun, as
54 those terms are defined in Section 76-10-501 , at a place that the person knows, or has
55 reasonable cause to believe, is on or about school premises as defined in this section.
56 (3) (a) Possession of a dangerous weapon on or about school premises is a class B

57 misdemeanor.
58 (b) Possession of a firearm or sawed-off shotgun on or about school premises is a class
59 A misdemeanor.
60 (4) This section does not apply if:
61 (a) the person is authorized to possess a firearm as provided under Section 53-5-704 ,
62 53-5-705 , 76-10-511 , or Subsection 76-10-523 (1) or (2), or as otherwise authorized by law;
63 (b) the possession is approved by the responsible school administrator;
64 (c) the item is present or to be used in connection with a lawful, approved activity and
65 is in the possession or under the control of the person responsible for its possession or use; or
66 (d) the possession is:
67 (i) at the person's place of residence or on the person's property; or
68 (ii) in any vehicle lawfully under the person's control, other than a vehicle owned by
69 the school or used by the school to transport students.
70 (5) This section does not prohibit prosecution of a more serious weapons offense that
71 may occur on or about school premises.
72 Section 3. Section 76-10-523 is amended to read:
73 76-10-523. Persons exempt from weapons laws.
74 (1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to
75 any of the following:
76 (a) a United States marshal;
77 (b) a federal official required to carry a firearm;
78 (c) a peace officer of this or any other jurisdiction;
79 (d) a law enforcement official as defined and qualified under Section 53-5-711 ;
80 (e) a judge as defined and qualified under Section 53-5-711 ;
81 (f) a common carrier while engaged in the regular and ordinary transport of firearms as
82 merchandise; or
83 (g) a nonresident traveling in or through the state, provided that any firearm is:
84 (i) unloaded; and
85 (ii) securely encased as defined in Section 76-10-501 .
86 (2) The provisions of Subsections 76-10-504 (1) and (2), and Section 76-10-505 do not
87 apply to any person to whom a permit to carry a concealed firearm has been issued:

88 (a) pursuant to Section 53-5-704 ; or
89 (b) by another state or county.
90 (3) The provisions of Subsection 76-10-504(1) does not apply to a person 21 years of
91 age or older who may lawfully possess a firearm, as long as the firearm is not loaded.

[Bill Documents]