News & Updates

UPDATE:
H.B.112 was introduced to the 2017 General Session but was not passed.

​​This bill provided that a business owner who allows a person with a concealed carry permit to carry a firearm onto the owner’s property is not civilly or criminally liable under certain circumstances; and provides an exemption for a person, 21 years of age or older who may lawfully possess a firearm, from certain criminal provisions related to the carrying of a concealed firearm.

​Current law text is in Black.
Amended (addition) text is in Green.

Section 53-5a-103 is amended to read:
53-5a-103. Discharge of firearm on private property or business premises –Liability.
(1) Except as provided under Subsection (2), a private property owner or business owner who knowingly allows a person who has a permit to carry a concealed firearm under Section 53-5-704 to bring the firearm onto the owner’s property or business premises is not civilly or criminally liable for any damage or harm resulting from the discharge of the firearm by the permit holder while on the owner’s property.
(2) Subsection (1) does not apply if the property or business owner solicits, requests, commands, encourages, or intentionally aids the concealed firearm permit holder in discharging the firearm while on the owner’s property or business premises.

Our Commentary On The Proposed Amendment To 53-5a-103:
—– Hopefully this will cause more business owners, who currently restrict firearms in their business, to take down any “no firearm” signs and allow the carrying of concealed firearms on their property. The business owner would not be civilly or criminally liable for any damage or harm resulting from the discharge of the firearm by the permit holder while on the owner’s property unless the business owner solicits, requests, commands, encourages, or intentionally aids the concealed firearm permit holder in discharging the firearm while on the owner’s property or business premises. —–

Section 76-10-505 is amended to read:
76-10-505. Carrying loaded firearm in vehicle or on street.
(1) Unless otherwise authorized by law, a person may not carry a loaded firearm:
(a) in or on a vehicle, unless:
(i) the vehicle is in the person’s lawful possession; or
(ii) the person is carrying the loaded firearm in a vehicle with the consent of the person lawfully in possession of the vehicle;
(b) on a public street; or
(c) in a posted prohibited area.
(2) Subsection (1)(a) does not apply to a minor under 18 years of age, since a minor under 18 years of age may not carry a loaded firearm in or on a vehicle.
(3) Notwithstanding Subsections (1)(a)(i) and (ii), and Subsection 76-10-523(3), a person may not possess a loaded rifle, shotgun, or muzzle-loading rifle in a vehicle.
(4) A violation of this section is a class B misdemeanor.

Our Commentary On The Proposed Amendment To 76-10-505:
—– Because of the amendment for 76-10-523 to add Subsection (4), a non resident may not possess a loaded rifle, shotgun, or muzzle-loading rifle in a vehicle unless they have a concealed firearm permit from Utah or any other state. —–

Section 76-10-505.5 is amended to read:
76-10-505.5. 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, or 76-10-511, or Subsection 76-10-523(1) or (2), or as otherwise authorized by law;
(b) the possession is approved by the responsible school administrator;
(c) 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
(d) 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.

Our Commentary On The Proposed Amendment To 76-10-505.5:
—– Due to the amendment to 76-10-523, this law had to be re-worded to comply with Federal law which allows the carrying of a firearm in schools as described in Subsection (1) above, but only if you are a resident of Utah and you have been issued a Utah concealed firearm permit. —–

Section 76-10-523 is amended to read:
76-10-523. Persons exempt from weapons laws.
(1) Except for Sections 76-10-506, 76-10-508, and 76-10-508.1, this part and Title 53, Chapter 5, Part 7, Concealed Firearm Act, do not apply to any of the following:
(a) a United States marshal;
(b) a federal official required to carry a firearm;
(c) a peace officer of this or any other jurisdiction;
(d) a law enforcement official as defined and qualified under Section 53-5-711;
(e) a judge as defined and qualified under Section 53-5-711; or
(f) a common carrier while engaged in the regular and ordinary transport of firearms as merchandise.
(2) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not apply to any person to whom a permit to carry a concealed firearm has been issued:
(a) pursuant to Section 53-5-704; or
(b) by another state or county.
(3) Except for Sections 76-10-503, 76-10-506, 76-10-508, and 76-10-508.1, this part and Title 53, Chapter 5, Part 7, Concealed Firearm Act, do not apply to a nonresident traveling in or though the state, provided that any firearm is:
(a) unloaded; and
(b) securely encased as defined in Section 76-10-501.
(4) Subsection 76-10-504(1) does not apply to a person 21 years of age or older who may lawfully possess a firearm.​​

Our Commentary On The Proposed Amendment To 76-10-523:
—– This means that if you are at least 21 years of age or older and you can lawfully possess a firearm, you are exempt from 76-10-504(1) and legally allowed to carry an unloaded concealed firearm without a concealed firearm permit. —–

Once again, this bill did not pass.