Current with legislation effective through 3/21/2024
Section 76-10-505.5 - [Effective Until 5/1/2024] Possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises - Penalties(1) As used in this section, "on or about school premises" means: (a)(i) in a public or private elementary or secondary school; or(ii) on the grounds of any of those schools;(b)(i) in a public or private institution of higher education; or(ii) on the grounds of a public or private institution of higher education; and(iii)(A) inside the building where a preschool or child care is being held, if the entire building is being used for the operation of the preschool or child care; or(B) if only a portion of a building is being used to operate a preschool or child care, in that room or rooms where the preschool or child care operation is being held.(2) A person may not possess any dangerous weapon, firearm, or short barreled shotgun, as those terms are defined in Section 76-10-501, at a place that the person knows, or has reasonable cause to believe, is on or about school premises as defined in this section.(3)(a) Possession of a dangerous weapon on or about school premises is a class B misdemeanor.(b) Possession of a firearm or short barreled shotgun on or about school premises is a class A misdemeanor.(4) This section does not apply if: (a) the person is authorized to possess a firearm as provided under Section 53-5-704, 53-5-705, 76-10-511, or 76-10-523, or as otherwise authorized by law;(b) the person is authorized to possess a firearm as provided under Section 53-5-704.5, unless the person is in a location where the person is prohibited from carrying a firearm under Subsection 53-5-710(2);(c) the possession is approved by the responsible school administrator;(d) the item is present or to be used in connection with a lawful, approved activity and is in the possession or under the control of the person responsible for its possession or use; or(e) the possession is: (i) at the person's place of residence or on the person's property; or(ii) in any vehicle lawfully under the person's control, other than a vehicle owned by the school or used by the school to transport students.(5) This section does not prohibit prosecution of a more serious weapons offense that may occur on or about school premises.Amended by Chapter 141, 2021 General Session ,§ 3, eff. 5/5/2021.Amended by Chapter 301, 2013 General Session ,§ 3, eff. 5/14/2013.Amended by Chapter 91, 2011 General SessionThis section is set out more than once due to postponed, multiple, or conflicting amendments.