Section 76-10-529 - Possession of dangerous weapons, firearms, or explosives in airport secure areas prohibited - Penalty(1)(a) As used in this section: (i) "Airport authority" has the same meaning as defined in Section 72-10-102.(ii) "Explosive" is the same as defined for "explosive, chemical, or incendiary device" in Section 76-10-306.(iii) "Law enforcement officer" means the same as that term is defined in Section 53-13-103.(b) Terms defined in Sections 76-1-101.5 and 76-10-501 apply to this section.(2)(a) Within a secure area of an airport established pursuant to this section, a person, including a person licensed to carry a concealed firearm under Title 53, Chapter 5, Part 7, Concealed Firearm Act, is guilty of: (i) a class A misdemeanor if the person knowingly or intentionally possesses any dangerous weapon or firearm;(ii) an infraction if the person recklessly possesses any dangerous weapon or firearm; or(iii) a violation of Section 76-10-306 if the person transports, possesses, distributes, or sells any explosive, chemical, or incendiary device.(b) Subsection (2)(a) does not apply to:(i) persons exempted under Section 76-10-523; and(ii) members of the state or federal military forces while engaged in the performance of their official duties.(3) An airport authority, county, or municipality regulating the airport may: (a) establish any secure area located beyond the main area where the public generally buys tickets, checks and retrieves luggage; and(b) use reasonable means, including mechanical, electronic, x-ray, or any other device, to detect dangerous weapons, firearms, or explosives concealed in baggage or upon the person of any individual attempting to enter the secure area.(4) At least one notice shall be prominently displayed at each entrance to a secure area in which a dangerous weapon, firearm, or explosive is restricted.(5) Upon the discovery of any dangerous weapon, firearm, or explosive, the airport authority, county, or municipality, the employees, or other personnel administering the secure area may: (a) require the individual to deliver the item to the air freight office or airline ticket counter;(b) require the individual to exit the secure area; or(c) obtain possession or retain custody of the item until it is transferred to law enforcement officers.(6)(a) An individual who is prosecuted for a violation of this section based on the possession of a firearm shall have the individual's firearm returned to the individual in accordance with Subsection 77-11a-402(1)(b) if the individual may lawfully possess the firearm.(b) In accordance with Subsection 77-11b-102(5), a firearm seized under this section is not subject to forfeiture if the charged individual may lawfully possess the firearm.(c) In a prosecution brought under this section, a prosecutor may not condition a plea on the forfeiture of a firearm.Amended by Chapter 422, 2023 General Session ,§ 3, eff. 5/3/2023.Amended by Chapter 169, 2004 General Session.