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H.B. 217 Open Carry Near Schools Amendments

This Bill failed the 2019 Legislative Session

H.B. 217 Open Carry Near Schools Amendments

Section Affected:
U.C.A. 76-10-505.5. Possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises -- Penalties.

Under this Bill it would change the wording of 76-10-505.5 and make it ILLEGAL for a person to open carry a firearm within 500 feet of any public or private elementary or secondary school (Kindergarten, middle and high school).

It would not apply to a person in lawful possession of a dangerous weapon if:
• The dangerous weapon is within the person's residence or place of business, or is being carried to or from the residence or place of business or to or from a vehicle; or
• The person remains in a private vehicle while delivering minor children, students, or school employees to and from the school or a school activity; or
•  Any person who has a Utah concealed firearm permit.

This Bill is a direct violation of Utah's Constitution under Article I, Section 6.

Article I, Section 6.  [Right to bear arms.] 
The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the Legislature from defining the lawful use of arms.

 We Oppose This Bill

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