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7 LONG TITLE
8 General Description:
9 This bill prohibits carrying a dangerous weapon within 500 feet of an elementary or
10 secondary school.
11 Highlighted Provisions:
12 This bill:
13 ▸ prohibits carrying a dangerous weapon within 500 feet of an elementary or
14 secondary school;
15 ▸ makes an exception for having a dangerous weapon inside a business or residence
16 that is within the 500 feet;
17 ▸ exempts persons carrying a dangerous weapon to and from a business or residence
18 and to or from a vehicle; and
19 ▸ exempts a person in a vehicle who is dropping off children or school personnel.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 76-10-505.5, as last amended by Laws of Utah 2013, Chapter 301
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 76-10-505.5 is amended to read:
30 76-10-505.5. Possession of a dangerous weapon, firearm, or short barreled
31 shotgun on or about school premises -- Penalties.
32 (1) As used in this section, "on or about school premises" means:
33 (a) (i) in a public or private elementary or secondary school; [
34 (ii) on the grounds of any of those schools; or
35 (iii) within 500 feet of the grounds of any of those schools;
36 (b) (i) in a public or private institution of higher education; or
37 (ii) on the grounds of a public or private institution of higher education; and
38 [
39 entire building is being used for the operation of the preschool or child care; or
40 [
41 care, in that room or rooms where the preschool or child care operation is being held.
42 (2) A person may not possess any dangerous weapon, firearm, or short barreled
43 shotgun, as those terms are defined in Section 76-10-501, at a place that the person knows, or
44 has reasonable cause to believe, is on or about school premises as defined in this section.
45 (3) (a) Possession of a dangerous weapon on or about school premises is a class B
46 misdemeanor.
47 (b) Possession of a firearm or short barreled shotgun on or about school premises is a
48 class A misdemeanor.
49 (4) This section does not apply if:
50 (a) the person is authorized to possess a firearm as provided under Section 53-5-704,
51 53-5-705, 76-10-511, or 76-10-523, or as otherwise authorized by law;
52 (b) the possession is approved by the responsible school administrator;
53 (c) the item is present or to be used in connection with a lawful, approved activity and
54 is in the possession or under the control of the person responsible for its possession or use; or
55 (d) the possession is:
56 (i) at the person's place of residence or on the person's property; or
57 (ii) in any vehicle lawfully under the person's control, other than a vehicle owned by
58 the school or used by the school to transport students.
59 (5) This section does not prohibit prosecution of a more serious weapons offense that
60 may occur on or about school premises.
61 (6) Subsection (1)(a)(iii) does not apply to a person in lawful possession of a dangerous
62 weapon if:
63 (a) the dangerous weapon is within the person's residence or place of business, or is
64 being carried to or from the residence or place of business or to or from a vehicle; or
65 (b) the person remains in a private vehicle while delivering minor children, students, or
66 school employees to and from the school or a school activity.