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HB 0084 Higher Education Dangerous Weapon Ammendments

Be it enacted by the Legislature of the state of Utah:

Section 1. Section 53-5a-102.2 is amended to read: 53-5a-102.2. Open and concealed carry of a firearm outside of an individual's residence. (1) To effectuate the Second Amendment to the United States Constitution and Utah Constitution, Article I, Section 6, that prohibit the infringement of the right of the people of Utah to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes, and consistent with the Legislature's ability to define the lawful use of arms: (a) subject to Subsections (2)(a) and (b), an individual 18 years old or older but younger than 21 years old without a provisional carry permit issued under Section 53-5a-305 may only carry in an open manner: (i) an unloaded rifle, shotgun, or muzzle-loading rifle in a vehicle in which the individual is lawfully present; (ii) an unloaded or loaded handgun in a vehicle in which the individual is lawfully present; and (iii) an unloaded firearm that the individual may otherwise lawfully carry, on a public street; (b) subject to Subsections (2)(a) and (b) , an individual 21 years old or older may open or conceal carry, without a conceal carry permit: (i) an unloaded or loaded firearm: (A) on a public street; or (B) in any other place not prohibited by, or pursuant to, state statute or federal law; (ii) an unloaded or loaded handgun in a vehicle in which the individual is lawfully present; and (iii) an unloaded rifle, shotgun, or muzzle-loading rifle in a vehicle in which the individual is lawfully present; and (c) subject to Subsections (2)(c) and (d) , an individual 18 years old or older with a concealed carry permit issued under Section 53-5a-303 , a temporary concealed carry permit issued under Section 53-5a-304 , a provisional concealed carry permit issued under Section 53-5a-305 , or a concealed carry permit lawfully issued by or in another state, may open or conceal carry a loaded or unloaded firearm: (i) in a vehicle in which the individual is lawfully present; (ii) on a public street; or (iii) in any other place not prohibited by, or pursuant to, state statute or federal law. (2) (a) An individual openly carrying a firearm under Subsection (1)(a) or (b) without a concealed carry permit may not carry the firearm: (i) in a secure area established in accordance with Section 76-8-311.1 in which dangerous weapons are prohibited and notice of the prohibition is posted; (ii) on or about the premises of a public or private elementary school or secondary school as described in Section 76-11-205 ; (iii) on or about the premises of an institution of higher education as described in Section 76-11-205.5 ; (iv) on or about the premises of a daycare as described in Section 76-11-206 ; (v) in an airport secure area as described in Section 76-11-218 ; (vi) in a house of worship or in any private residence where dangerous weapons are prohibited as described in Section 76-11-219 ; or (vii) in any other place prohibited by, or pursuant to, another state statute or federal law. (b) An individual 21 years old or older concealing a firearm without a concealed carry permit under Subsection (1)(b) may not carry the firearm: (i) in a secure area established in accordance with Section 76-8-311.1 in which dangerous weapons are prohibited and notice of the prohibition is posted; (ii) on or about the school premises of a public or private elementary school or secondary school as described in Section 76-11-205 ; (iii) on or about the premises of an institution of higher education as described in Section 76-11-205.5 ; (iv) (iii) on or about a daycare premises as described in Section 76-11-206 ; (v) (iv) in an airport secure area as described in Section 76-11-218 ; (vi) (v) in a house of worship or in any private residence where dangerous weapons are prohibited as described in Section 76-11-219 ; or (vii) (vi) in any other place prohibited by, or pursuant to, another state statute or federal law. (c) Subject to Subsection (2)(d) , an individual with a concealed carry permit under Subsection (1)(c) may not carry the firearm in any manner: (i) in a secure area established in accordance with Section 76-8-311.1 in which dangerous weapons are prohibited and notice of the prohibition posted; (ii) in an airport secure area as described in Section 76-11-218 ; (iii) in a house of worship or in any private residence where dangerous weapons are prohibited as described in Section 76-11-219 ; or (iv) in any other place prohibited by, or pursuant to, another state statute or federal law. (d) In addition to the locations described in Subsection (2)(c) : (i) an individual 18 years old but younger than 21 years old with a provisional concealed carry permit under Section 53-5a-304 may not carry the firearm in any manner on or about the premises of a public or private elementary school or secondary school as described in Section 76-11-205 ; and (ii) an individual concealing a firearm only with a concealed carry permit lawfully issued by or in another state may not carry the firearm in any manner: (A) on or about the premises of a public or private elementary school or secondary school as described in Section 76-11-205 ; or (B) on or about the premises of an institution of higher education as described in Section 76-11-205.5 ; or (C) (B) on or about the premises of a daycare as described in Section 76-11-206 . (3) This section does not prohibit: (a) the owner or lawful possessor of a vehicle from prohibiting another individual from carrying a firearm in the owner or lawful possessor's vehicle; or (b) except as provided in Section 53-5a-102.3 , the owner or lawful lessee of private real property from prohibiting another individual from possessing a firearm on the property. (4) An individual is lawfully present in a vehicle while carrying a firearm under this section if: (a) the vehicle is in the lawful possession of the individual; or (b) the individual has the consent of the person lawfully in possession of the vehicle to carry the firearm in the vehicle.

Section 2. Section 76-11-205.5 is amended to read: 76-11-205.5. Carrying a dangerous weapon at an institution of higher education. (1) As used in this section, "on or about school premises" means: (a) in a public or private institution of higher education; or (b) on the grounds of a public or private institution of higher education. (2) An actor commits carrying a dangerous weapon at an institution of higher education if the actor: (a) is not an individual listed in Subsection (4) ; (b) carries a dangerous weapon on or about school premises; and (c) knows or reasonably believes that the actor is on or about school premises at the time the actor carries the dangerous weapon. (3) (a) A violation of Subsection (2) is a class B misdemeanor if the dangerous weapon carried by the actor is not a firearm. (b) A violation of Subsection (2) is a class A misdemeanor if the dangerous weapon carried by the actor is a firearm. (4) This section does not apply if: (a) the actor is an individual exempt from certain weapons laws as described in Section 53-5a-108 ; (b) the actor has a concealed carry permit as described in Section 53-5a-303 ; (c) the actor has a provisional concealed carry permit as described in Section 53-5a-304 ; (d) the actor has a temporary concealed carry permit issued under Section 53-5a-305 ; (e) the actor is an individual who may conceal a dangerous weapon without a concealed carry permit under Subsection 53-5a-102.2(1)(b) ; (e) (f) the actor is carrying the dangerous weapon at the actor's place of residence or on the actor's real property; (f) (g) the possession of the dangerous weapon is approved by the responsible school administrator; (g) (h) the dangerous weapon is present or to be used in connection with a lawful, approved activity and is in the possession or under the control of the actor responsible for the dangerous weapon's possession or use; or (h) (i) the actor is carrying the dangerous weapon in a vehicle lawfully under the actor's control, not including a vehicle owned by the school or used by the school to transport students. (5) This section does not prohibit prosecution of another criminal offense that may occur on or about school premises.

Section 3. Effective Date.

DMU Timestamp: February 10, 2026 00:42





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