This document includes Senate Committee Amendments incorporated into the bill on Tue, Mar 3, 2015 at 12:01 PM by lpoole.
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Mar 9, 2015 at 7:38 PM by lpoole.



Chief Sponsor: David P. Hinkins

House Sponsor: Paul Ray


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 2013, Chapter 301
24          76-10-523, as last amended by Laws of Utah 2014, Chapter 248

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] Subsections (1)(a)(i) and (ii), and Subsection
39     76-10-523(3), a person may not possess a loaded rifle, shotgun, or muzzle-loading rifle in a
40     vehicle.
41          (4) A violation of this section is a class B misdemeanor.
42          Section 2. Section 76-10-505.5 is amended to read:
43          76-10-505.5. Possession of a dangerous weapon, firearm, or Ŝ→ [
sawed-off] short
43a     barreled ←Ŝ shotgun on
44     or about school premises -- Penalties.
45          (1) As used in this section, "on or about school premises" means:
46          (a) (i) in a public or private elementary or secondary school; or
47          (ii) on the grounds of any of those schools;
48          (b) (i) in a public or private institution of higher education; or
49          (ii) on the grounds of a public or private institution of higher education; and
50          (iii) (A) inside the building where a preschool or child care is being held, if the entire
51     building is being used for the operation of the preschool or child care; or
52          (B) if only a portion of a building is being used to operate a preschool or child care, in
53     that room or rooms where the preschool or child care operation is being held.
54          (2) A person may not possess any dangerous weapon, firearm, or Ŝ→ [
[] short barreled []
55     sawed-off
] ←Ŝ
shotgun, as those terms are defined in Section 76-10-501, at a place that the person
56     knows, or has reasonable cause to believe, is on or about school premises as defined in this
57     section.
58          (3) (a) Possession of a dangerous weapon on or about school premises is a class B

59     misdemeanor.
60          (b) Possession of a firearm or Ŝ→ [
[] short barreled [] sawed-off] ←Ŝ shotgun on or about
60a     school
61     premises is a class A misdemeanor.
62          (4) This section does not apply if:
63          (a) the person is authorized to possess a firearm as provided under Section 53-5-704,
64     53-5-705, or 76-10-511[,] or Subsection 76-10-523(1) or (2), or as otherwise authorized by
65     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) Except for Sections 76-10-506, 76-10-508, and 76-10-508.1, this part and Title 53,
78     Chapter 5, Part 7, Concealed Firearm Act, do not apply to 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; or
84          (f) a common carrier while engaged in the regular and ordinary transport of firearms as
85     merchandise.
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) Except for Sections 76-10-503, 76-10-506, 76-10-508, and 76-10-508.1, this part
91     and Title 53, Chapter 5, Part 7, Concealed Firearm Act, do not apply to a nonresident traveling
92     in or though the state, provided that any firearm is:
93          (a) unloaded; and
94          (b) securely encased as defined in Section 76-10-501.
95          (4) Subsection 76-10-504(1) does not apply to a person 21 years of age or older who
96     may lawfully possess a firearm Ŝ→. [
, as long as the firearm is not loaded.] ←Ŝ

Legislative Review Note
     as of 2-20-15 12:52 PM

Office of Legislative Research and General Counsel