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Utah Code Title 76. Utah Criminal Code § 76-10-505.5. Possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises--Penalties

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(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.

Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-10-505.5. Possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises--Penalties - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-10-505-5.html


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