*** It is illegal to purchase, own, possess, or sell a firearm or ammunition if you are a prohibited person as described in Title 76 Chapter 11 Part 3 or 18 U.S.C. 922(g) ***

A better understanding of what the terms in the laws mean:

  • A public or private elementary or secondary school is a school that offers kindergarten through 12th grade, including charter and religious schools.
  • An institution of higher education is a college or university.

Firearms In School Zones

The “Gun-Free School Zone Act” is a federal law that prohibits possession of a firearm within a school zone, “defined as being within a distance of 1,000 feet from the grounds of a public, parochial, or private school.” Many people, including websites and instructors, lie or mislead you into believing that you cannot carry a firearm in a school zone or that if you do not have a concealed firearm permit, it is illegal to carry a firearm in a school zone. Federal laws are enforced by federal law enforcement officers. Utah law enforcement cannot enforce federal law.

It is LEGAL to carry a firearm, without a concealed firearm permit, while walking on the sidewalk, riding a bicycle, driving, etc., through a school zone. This changes when you go onto the school property, as explained in the Firearms In Vehicles On School Property and Carrying A Firearm On School Property sections below.

Firearms In Vehicles On School Property

It is LEGAL to have a firearm in your vehicle on any school property without a concealed firearm permit as described in 53-5a-102.2, as long as the vehicle is in the lawful possession of the individual, or the individual has the consent of the person lawfully in possession of the vehicle to carry the firearm in the vehicle. This includes driving through the school zone AND having the firearm stored in your vehicle while parked in the school parking lot as described in 76-11-205 (4)(h),  76-11-205.5 (4)(h), and 76-11-206 (4)(h).

Reminder: You can only have a loaded handgun in your vehicle. Rifles, shotguns, and muzzle-loading rifles must be unloaded unless you have a valid Utah permit. See firearms in vehicles and parking lots for additional information.

Vehicle Restrictions:

You cannot have any firearm in a vehicle owned by an elementary school or secondary school or used to transport students, as described in 76-11-205 (4)(h), or in a vehicle owned by a daycare or used by the daycare to transport minors enrolled in the daycare as described in 76-11-206 (4)(h).

Carrying A Firearm On School Property

Public or private elementary or secondary schools
Kindergarten through 12th grade, including charter and religious schools

Individuals Who Are 18 To 20 Years Old

It is ILLEGAL to carry a firearm on or about the premises of a public or private elementary school or secondary school as described in 53-5a-102.2(2)(a) and (d), on or about the premises of a public or private elementary school or secondary school as described in 76-11-205, or on or about the premises of a daycare as described in 76-11-206. Even if you have a Utah provisional concealed firearm permit.

Individuals Who Are At Least 21 Years Old

It is LEGAL for an individual 21 years old or older with a valid Utah concealed firearm permit or Utah temporary concealed firearm permit to carry a concealed firearm on or about the premises of a public or private elementary school or secondary school as described in 53-5a-102.2(2)(c) and 76-11-205, or on or about the premises of a daycare as described in 76-11-206.
It is ILLEGAL to openly carry a firearm on or about the premises of a public or private elementary school or secondary school, unless lawfully responding to an active threat in accordance with Section 76-2-402, 76-2-405, or 76-2-407.

You must have a valid “standard” (over 21 years old) Utah concealed firearm permit to carry a firearm on any public or private elementary school or secondary school, or on or about the premises of a daycare. Additionally, the firearm MUST be concealed.

Concealed Firearm Permits/Licenses Issued By Another State​ (non-resident permits)

It is ILLEGAL for an individual with a permit or license of any kind, issued by another state, to carry a firearm on or about the premises of a public or private elementary school or secondary school as described in 76-11-205, or on or about the premises of a daycare as described in 76-11-206.

To see a list of public or private preschools, elementary, secondary, and charter schools, see greatschools.org/utah.

Exemptions

  • An individual is exempt from weapons laws under 53-5a-108.
  • The possession is at the individual’s place of residence or on the individual’s property.
  • The possession of the dangerous weapon is approved by the responsible school administrator.
  • The dangerous weapon is present or to be used in connection with a lawful, approved activity and is in the possession or under the control of the individual responsible for the dangerous weapon’s possession or use.
  • The individual is an armed school security guard as described in Section 53G-8-704.
Institutions Of Higher Education
Colleges and Universities

It is ILLEGAL to carry a firearm in a hearing room as described in 53H-3-902 (5)(a), which authorizes higher education institutions to establish no more than one secure area at each institution as a hearing room in accordance with Section 76-8-311.1, but not otherwise restrict the lawful possession or carrying of firearms. In addition, the secure area hearing room must have at least one notice (no weapons sign) displayed at each entrance, as described in 76-8-311.1. (3) and 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. They are also responsible for a weapon while the weapon is stored in the storage area as described in 76-8-311.1. (4).

It is ILLEGAL to openly carry a firearm on or about the premises of an institution of higher education, unless lawfully responding to an active threat in accordance with Section 76-2-402, 76-2-405, or 76-2-407.

Individuals Who Are 18 To 20 Years Old

It is LEGAL for an individual with a valid Utah provisional concealed firearm permit to carry a loaded concealed firearm on or about the premises of an institution of higher education, as described in 76-11-205.5. The firearm MUST be concealed.

Individuals Who Are At Least 21 Years Old

It is LEGAL, without a concealed firearm permit, for an individual 21 years old or older, to carry a loaded concealed firearm on any institution of higher education. The firearm MUST be concealed.

Students & Dormitories:

  • A public or private institution of higher education can make a policy that allows a resident of a dormitory located at the institution to request only roommates who choose not to possess firearms in the resident’s dorm that the roommates may otherwise lawfully possess in the dormitory as described in 53H-3-902 (5)(b).

To see a list of public colleges and universities, see 53H-1-102, and utah.gov/education/colleges.html.

Private Schools

Just as any other private property, private schools have the right to adopt policies restricting the possession of firearms on their property. It is important to understand that carrying a firearm on school property, as described in the sections above, is not illegal even if the school has a restrictive policy. However, if you are asked to leave, you are required by law to immediately leave the property. A violation can result in criminal trespassing and/or disorderly conduct charges. If you are a teacher or employee, it could result in termination of employment; if you are a student, you could face disciplinary action or be dismissed from the school.

Example: Brigham Young University (BYU)
“Firearms and other weapons are not permitted – concealed or not concealed, with or without a concealed weapon permit – on property owned or controlled by the university, including on-campus housing, without specific written permission from the managing director of BYU Police and BYU Security. Law enforcement officers, security officers, and ROTC members authorized by this policy to carry a firearm or other weapon on campus do not need specific written permission.”

Firearms & Weapons Policy – Firearms and Weapons Procedures
For additional details, go to police.byu.edu.

Teachers & School Employees

If you are a teacher or school employee, you do not need to notify or get permission from anyone (another individual, district employee, principal, staff member, etc.) to carry a firearm as long as you have a valid Utah concealed firearm permit or Utah temporary concealed firearm permit.

You must also follow all district or school policies. For example, the Jordan School District Policy Manual, AA409 – Scope of Employment states, “J. District property may not be used to hide, cover or secret a firearm. A lawfully concealed firearm must be within the employee’s immediate control at all times. Employees must recognize that students could gain access to a firearm that is not properly concealed, or controlled. Therefore, employees must use good judgment and strictly follow the law and this policy.” This means that the firearm cannot be in a desk, briefcase, or bag where a student or anyone else may gain access to it.

There are exemptions for individuals who are a school guardian, as described in 53-22-105, or who participate in the Educator-Protector Program, as described in 53-22-107. and complies with the requirements for securely storing the firearm described in Subsection 53-22-107(5)(a). These programs allow the individual to store the firearm on the grounds of a school only if the firearm is stored in a biometric gun safe, the biometric gun safe is located in the individual’s office, and the individual is physically present on the grounds of the school while the firearm is stored in the safe. The individual shall carry the firearm in a concealed manner and may not, unless during an active threat, display or open carry a firearm while on school grounds.

In addition, a school guardian or participant in the Educator-Protector Program who has active status is not liable for any civil damages or penalties when carrying or storing a firearm, is acting in good faith, is not grossly negligent, or threatens, draws, or otherwise uses a firearm reasonably believing the action to be necessary in compliance with 76-2-402.

UTAH LAWS

  • 34-45-107. Exemptions — Limitations on chapter — School premises — Government entities — Religious organizations — Single family detached residential units.
  • 47-3-305. Exceptions and prohibitions.
  • 53B-2-101. Institutions of higher education — Corporate bodies — Powers.
  • 53B-3-102. State institution of higher education defined.
  • 53B-3-103. Power of board to adopt rules and enact regulations.
  • 53-5a-102.2. Open and concealed carry of a firearm outside of an individual’s residence.
  • 53-22-105. Educator-Protector Program.
  • 53-22-107. Educator-Protector Program.
  • 76-3-203.2. Definitions — Use of dangerous weapon in offenses committed on or about school premises — Enhanced penalties.
  • 76-8-311.1. Secure areas — Items prohibited — Penalty.
  • 76-8-703. Criminal trespass upon an institution of higher education.
  • 76-11-205. Carrying a dangerous weapon at an elementary school or secondary school.
  • 76-11-205.5. Carrying a dangerous weapon at an institution of higher education.
  • 76-11-206. Carrying a dangerous weapon at a daycare.

FEDERAL LAWS

Federal law defines a school zone as 1,000 feet beyond the boundaries of public and private (including religious) elementary and secondary schools, but does not include preschools, child care, colleges, or universities.

18 U.S.C. 922 states that under Subsection (q)(2), it is unlawful for any individual to knowingly possess a firearm in a school zone unless the individual is licensed by the State in which the school zone is located. This law means that to possess a firearm in a school zone (1,000 feet beyond the school’s boundaries), you must have a Utah concealed firearm permit. If you do not have a concealed firearm permit, the firearm must be unloaded and stored in a locked container or a locked firearms rack on a motor vehicle.

As described in the Firearms In School Zones section above, Utah law enforcement cannot enforce federal law.

ATF Gun Free School Zone (PDF)

18 U.S.C. 922 Unlawful acts
(q)(1) The Congress finds and declares that—
(C) firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools, as documented in numerous hearings in both the Committee on the Judiciary and the House of Representatives and the Committee on the Judiciary of the Senate;
(D) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce;
(E) while criminals freely move from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send their children to school for the same reason;
(F) the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country;
(G) this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the United States;
(H) States, localities, and school systems find it almost impossible to handle gun-related crime by themselves—even States, localities, and school systems that have made strong efforts to prevent, detect, and punish gun-related crime find their efforts unavailing due in part to the failure or inability of other States or localities to take strong measures; and
(I) the Congress has the power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to ensure the integrity and safety of the Nation’s schools by enactment of this subsection.
(2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
(3)(A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone.
(B) Subparagraph (A) does not apply to the discharge of a firearm—
(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;
(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or
(iv) by a law enforcement officer acting in his or her official capacity.
(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.

18 U.S.C. 924 – Penalties
(a)(1) Except as otherwise provided in this subsection, subsection (b), (c), (f), or (p) of this section, or in section 929, whoever—
(A) knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for any license or exemption or relief from disability under the provisions of this chapter;
(B) knowingly violates subsection (a)(4), (f), (k), or (q) of section 922;
(C) knowingly imports or brings into the United States or any possession thereof any firearm or ammunition in violation of section 922(l); or
(D) willfully violates any other provision of this chapter, shall be fined under this title, imprisoned not more than five years, or both.
(4) Whoever violates section 922(q) shall be fined under this title, imprisoned for not more than 5 years, or both. Notwithstanding any other provision of law, the term of imprisonment imposed under this paragraph shall not run concurrently with any other term of imprisonment imposed under any other provision of law. Except for the authorization of a term of imprisonment of not more than 5 years made in this paragraph, for the purpose of any other law a violation of section 922(q) shall be deemed to be a misdemeanor.