Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of May 05, 2022 | Updated by FindLaw Staff
(1)(a) As used in this section:
(i) “Correctional facility” means the same as that term is defined in Section 76-8-311.3.
(ii) “Dangerous weapon” means the same as that term is defined in Section 76-10-501.
(iii) “Explosive” means the same as the term “explosive, chemical, or incendiary device” defined in Section 76-10-306.
(iv) “Firearm” means the same as that term is defined in Section 76-10-501.
(v) “Law enforcement facility” means a facility that is owned, leased, or operated by a law enforcement agency.
(vi) “Mental health facility” means the same as that term is defined in Section 26B-5-301.
(vii)(A) “Secure area” means an area created under this section into which certain persons are restricted from transporting a firearm or other dangerous weapon, ammunition, or explosive.
(B) A “secure area” may not include any area normally accessible to the public.
(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2)(a) The State Tax Commission or a correctional, law enforcement, or mental health facility may establish secure areas within the facility and may prohibit or control by rule any firearm or other dangerous weapon, ammunition, or explosive.
(b) Subsections (2)(a), (3), (4), and (5) apply to a higher education secure area hearing room referred to in Subsections 53B-3-103(2)(a)(ii) and (b).
(3) An entity that creates a secure area under this section shall ensure that at least one notice is prominently displayed at each entrance to the secure area in which a firearm, ammunition, dangerous weapon, or explosive is restricted.
(4)(a) An entity that creates a secure area under this section shall provide a secure weapons storage area so that an individual entering the secure area may store the individual's weapon before entering the secure area.
(b) The entity operating the facility shall be responsible for a weapon while the weapon is stored in the storage area described in Subsection (4)(a).
(5)(a) An actor who transports a firearm or other dangerous weapon or ammunition into a secure area created under this section or a higher education secure area hearing room created under this section may be punished under Section 76-8-311.2.
(b) An actor who knowingly or intentionally transports, possesses, distributes, or sells an explosive in a secure area or a higher education secure area hearing room created under this section may be punished under Section 76-10-306.
(c) It is a defense to a prosecution related to this section that the actor acted in conformity with the facility's rule or policy established pursuant to this section.
Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-8-311.1. Establishment of secure areas--Items prohibited--References to penalty provisions - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-8-311-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)