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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 a 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
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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 [
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 short barreled
44 shotgun on 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 short barreled
55 shotgun, as those terms are defined in Section 76-10-501, at a place that the person knows, or
56 has reasonable cause to believe, is on or about school premises as defined in this section.
57 (3) (a) Possession of a dangerous weapon on or about school premises is a class B
58 misdemeanor.
59 (b) Possession of a firearm or short barreled shotgun on or about school premises is a
60 class A misdemeanor.
61 (4) This section does not apply if:
62 (a) the person is authorized to possess a firearm as provided under Section 53-5-704,
63 53-5-705, or 76-10-511[
64 law;
65 (b) the possession is approved by the responsible school administrator;
66 (c) the item is present or to be used in connection with a lawful, approved activity and
67 is in the possession or under the control of the person responsible for its possession or use; or
68 (d) the possession is:
69 (i) at the person's place of residence or on the person's property; or
70 (ii) in any vehicle lawfully under the person's control, other than a vehicle owned by
71 the school or used by the school to transport students.
72 (5) This section does not prohibit prosecution of a more serious weapons offense that
73 may occur on or about school premises.
74 Section 3. Section 76-10-523 is amended to read:
75 76-10-523. Persons exempt from weapons laws.
76 (1) Except for Sections 76-10-506, 76-10-508, and 76-10-508.1, this part and Title 53,
77 Chapter 5, Part 7, Concealed Firearm Act, do not apply to any of the following:
78 (a) a United States marshal;
79 (b) a federal official required to carry a firearm;
80 (c) a peace officer of this or any other jurisdiction;
81 (d) a law enforcement official as defined and qualified under Section 53-5-711;
82 (e) a judge as defined and qualified under Section 53-5-711; or
83 (f) a common carrier while engaged in the regular and ordinary transport of firearms as
84 merchandise.
85 (2) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not
86 apply to any person to whom a permit to carry a concealed firearm has been issued:
87 (a) pursuant to Section 53-5-704; or
88 (b) by another state or county.
89 (3) Except for Sections 76-10-503, 76-10-506, 76-10-508, and 76-10-508.1, this part
90 and Title 53, Chapter 5, Part 7, Concealed Firearm Act, do not apply to a nonresident traveling
91 in or though the state, provided that any firearm is:
92 (a) unloaded; and
93 (b) securely encased as defined in Section 76-10-501.
94 (4) Subsection 76-10-504(1) does not apply to a person 21 years of age or older who
95 may lawfully possess a firearm.
Legislative Review Note
Office of Legislative Research and General Counsel