1     
CONCEAL CARRY FIREARMS AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Walt Brooks

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to concealed carrying a firearm.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that an individual who is 21 years or older, and may lawfully possess a
13     firearm, may carry a concealed firearm in a public area without a permit.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          76-10-505, as last amended by Laws of Utah 2009, Chapter 362
21          76-10-523, as last amended by Laws of Utah 2019, Chapters 39, 375, and 458
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 76-10-505 is amended to read:
25          76-10-505. Carrying loaded firearm in vehicle or on street.
26          (1) Unless otherwise authorized by law, a person may not carry a loaded firearm:
27          (a) in or on a vehicle, unless:

28          (i) the vehicle is in the person's lawful possession; or
29          (ii) the person is carrying the loaded firearm in a vehicle with the consent of the person
30     lawfully in possession of the vehicle;
31          (b) on a public street; or
32          (c) in a posted prohibited area.
33          (2) Subsection (1)(a) does not apply to a minor under 18 years of age, since a minor
34     under 18 years of age may not carry a loaded firearm in or on a vehicle.
35          (3) Notwithstanding [Subsection] Subsections (1)(a)(i) and (ii), and Subsection
36     76-10-523(5), a person may not possess a loaded rifle, shotgun, or muzzle-loading rifle in a
37     vehicle.
38          (4) A violation of this section is a class B misdemeanor.
39          Section 2. Section 76-10-523 is amended to read:
40          76-10-523. Persons exempt from weapons laws.
41          (1) Except for Sections 76-10-506, 76-10-508, and 76-10-508.1, this part and Title 53,
42     Chapter 5, Part 7, Concealed Firearm Act, do not apply to any of the following:
43          (a) a United States marshal;
44          (b) a federal official required to carry a firearm;
45          (c) a peace officer of this or any other jurisdiction;
46          (d) a law enforcement official as defined and qualified under Section 53-5-711;
47          (e) a judge as defined and qualified under Section 53-5-711;
48          (f) a court commissioner as defined and qualified under Section 53-5-711; or
49          (g) a common carrier while engaged in the regular and ordinary transport of firearms as
50     merchandise.
51          (2) Notwithstanding Subsection (1), the provisions of Section 76-10-528 apply to any
52     individual listed in Subsection (1) who is not employed by a state or federal agency or political
53     subdivision that has adopted a policy or rule regarding the use of dangerous weapons.
54          (3) Subsections 76-10-504(1) and (2), and Section 76-10-505 do not apply to:
55          (a) an individual to whom a permit to carry a concealed firearm has been issued:
56          (i) pursuant to Section 53-5-704; or
57          (ii) by another state or county; or
58          (b) a person who is issued a protective order under Subsection 78B-7-106(1)(b) or

59     78B-7-404(1)(b), unless the person is a restricted person as described in Subsection
60     76-10-503(1), for a period of 120 days after the day on which the person is issued the
61     protective order.
62          (4) Except for Sections 76-10-503, 76-10-506, 76-10-508, and 76-10-508.1, this part
63     and Title 53, Chapter 5, Part 7, Concealed Firearm Act, do not apply to a nonresident traveling
64     in or though the state, provided that any firearm is:
65          (a) unloaded; and
66          (b) securely encased as defined in Section 76-10-501.
67          (5) Subsection 76-10-504(1) does not apply to a person 21 years old or older who may
68     otherwise lawfully possess a firearm.