Utah § 76-11-205 Carrying a dangerous weapon at an elementary school or secondary school.

Utah Statutes

§ 76-11-205 — Carrying a dangerous weapon at an elementary school or secondary school.

Utah·Title 76 Utah Criminal Code·Ch. 76-11 Weapons·Part 76-11-2 General Weapons Violations

(1)(1)(a) As used in this section, "on or about school premises" means:

(1)(a)(i) in a public or private elementary school or secondary school; or

(1)(a)(ii) on the grounds of a private elementary school or secondary school.

(1)(b) Terms defined in Sections 76-1-101.5, 76-11-101, and 76-11-201 apply to this section.

(2)An actor commits carrying a dangerous weapon at an elementary school or secondary school if the actor:

(2)(a) is not an individual listed in Subsection (4);

(2)(b) carries a dangerous weapon on or about school premises; and

(2)(c) knows or reasonably believes that the actor is on or about school premises at the time the actor carries the dangerous weapon.

(3)(3)(a) A violation of Subsection (2) is a class B misdemeanor if the dangerous weapon carried by the actor is not a

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(1) (1)(a) As used in this section, "on or about school premises" means:
(1)(a)(i) in a public or private elementary school or secondary school; or
(1)(a)(ii) on the grounds of a private elementary school or secondary school.
(1)(b) Terms defined in Sections 76-1-101.5, 76-11-101, and 76-11-201 apply to this section.
(2) An actor commits carrying a dangerous weapon at an elementary school or secondary school if the actor:
(2)(a) is not an individual listed in Subsection (4);
(2)(b) carries a dangerous weapon on or about school premises; and
(2)(c) knows or reasonably believes that the actor is on or about school premises at the time the actor carries the dangerous weapon.
(3) (3)(a) A violation of Subsection (2) is a class B misdemeanor if the dangerous weapon carried by the actor is not a firearm.
(3)(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:
(4)(a) the actor is an individual exempt from certain weapons laws as described in Section 53-5a-108;
(4)(b) the actor is 21 years old or older and has a concealed carry permit as described in Section 53-5a-303;
(4)(c) the actor is 21 years old or older and has a temporary concealed carry permit issued under Section 53-5a-305;
(4)(d) the actor is carrying the dangerous weapon at the actor's place of residence or on the actor's real property;
(4)(e) the possession of the dangerous weapon is approved by the responsible school administrator;
(4)(f) 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;
(4)(g) the actor is an armed school security guard as described in Section 53G-8-704; or
(4)(h) 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:
(5)(a) prohibit prosecution of another criminal offense that may occur on or about school premises; or
(5)(b) prevent an actor from securely storing a firearm on the grounds of a school if the actor:
(5)(b)(i) participates in:
(5)(b)(i)(A) the school guardian program created in Section 53-22-105; or
(5)(b)(i)(B) the Educator-Protector Program created in Section 53-22-107; and
(5)(b)(ii) complies with the requirements for securely storing the firearm described in Subsection 53-22-107(5)(a).

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