You MUST Have A Valid Utah Concealed Firearm Permit
To Carry A Firearm In Or On Any School
The firearm can be carried openly or concealed, but police will generally advise permit holders to conceal the firearm
Firearms In School Zones
It is LEGAL to carry a firearm, without a concealed firearm permit, while walking on the sidewalk, riding a bicycle, etc. through the school zone as long as you do not go onto the school property.
- Any individual who is at least 21 years old, and that is not a prohibited person, can carry a fully loaded firearm openly or concealed without a concealed firearm permit under Utah’s constitutional carry law as defined in 76-10-523(5).
- Any individual who is 18 to 20 years old must open carry an unloaded firearm or have a valid provisional concealed firearm permit to carry a firearm loaded or concealed.
Yes, it is true there is a federal law known as the “Gun-Free School Zone Act” (see below) that prohibits firearms within a school zone. It says 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. That means to have a firearm in a school zone, which is 1,000 feet beyond the boundaries of a school, you must have a Utah concealed firearm permit. If you do not have a concealed firearm permit the firearm must be unloaded and in a locked container, or locked firearms rack that is on a motor vehicle. Federal laws are enforced by the Department of Justice (DOJ) federal law enforcement officers. States cannot enforce federal law which means Utah law enforcement officers cannot charge you with violating federal law.
Because Utah does not enforce the “Gun-Free School Zone Act”, as explained above, it is not illegal to carry a firearm in the school zone or have a firearm in your vehicle while driving through the school zone. There is no one in the history of any record that has been charged with this federal law in Utah unless they were committing another criminal offense and this would be used as an enhancement to that charge.
Firearms In Vehicles On School Property
It is LEGAL to have a loaded handgun in your vehicle as described in 76-10-505 (see below) without a concealed firearm permit while driving through the school zone AND have firearms stored in your vehicle while parked in the school parking lot as described in 76-10-505.5 (see below). Also, see Firearms In Vehicles & Parking Lots
Because the law specifically says it is legal to have a firearm in your vehicle, using a little common sense, how would you get your vehicle into the school parking lot without driving through a school zone? Answer… because it’s legal and the federal “Gun-Free School Zone Act” doesn’t mean anything.
It is ILLEGAL to carry or possess any firearm or dangerous weapon in or on the grounds of any school without a valid Utah concealed firearm permit. See more information about this below.
Carrying A Firearm On School Property
It is LEGAL for a person to carry or possess a firearm on or about school premises, as described in 76-10-505.5 (see below) IF:
- You have a valid Utah “regular” concealed firearm permit including a temporary Utah concealed firearm permit
- You are exempt from weapons laws as provided in 76-10-523
- The possession is approved by the responsible school administrator
- 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
- The possession is at the person’s place of residence or on the person’s property
- The firearm is 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.
- The firearm is a short-barreled shotgun (SBS), you must have an approved ATF Form 4 and NFA Tax Stamp with the firearm at all times.
Note: This law does not specifically say anything about a Short-Barreled Rifle (SBR), silencer, fully automatic, or Any Other Weapon (AOW) but it’s all legal if you have the approved ATF Form 4.
Regular Utah Concealed Firearm Permit Holders
It is LEGAL to carry a firearm in and on the grounds of any;
- Public or private elementary or secondary school (kindergarten through 12th-grade), including on the grounds of any of those schools. This also includes Charter Schools and Religious schools
- Public or private institutions of higher education (colleges and universities) including on the grounds of any of those schools
- Preschool or child care facility
Provisional Utah Concealed Firearm Permit Holders
It is LEGAL to carry a firearm in and on the grounds of any;
- Public or private institutions of higher education (colleges and universities) including on the grounds of any of those schools
- Preschool and child care facilities ONLY if it is not on any kindergarten through 12th-grade school premises
It is ILLEGAL for a person under the age of 21 with a permit of any kind to carry a concealed firearm on any kindergarten through 12th-grade school premises as described in 53-5-710(2) and 76-10-505.5(1)(a), except as provided in 76-10-505.5(4). (see laws below)
To see a list of public or private preschools, elementary, secondary, and charter schools click here, or for the list of public colleges and universities see 53B-2-101 below.
Teachers & School Employees
- NO ONE can require you to notify anyone or receive permission to carry a firearm.
- Firearms must be possessed as provided in district/school policies. Always have your firearm concealed on your body at all times. The firearm CAN NOT be in a desk, briefcase, or bag where a student or anyone else may gain access to or steal the firearm.
For example; the Jordan School District Policy Manual, AA409 – Scope of Employment states, “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.”
Concealed Firearm Permits/Licenses Issued By Another State
It is ILLEGAL to carry a firearm in and on the grounds of any public or private school premises, including charter schools and religious schools (kindergarten through 12th-grade schools, public or private institutions of higher education [colleges and universities], preschool and child care facilities. You must have a valid Utah concealed firearm permit.
Higher Education Institutions (Colleges and Universities) Are Allowed To:
- Make a rule that allows a resident of a dormitory located at the institution to request only roommates who are not licensed to carry a concealed firearm.
- Establish no more than one secure area at each institution as a hearing room as prescribed in Section 76-8-311.1 {see below}, but not otherwise restrict the lawful possession or carrying of firearms. The restriction of firearms, ammunition, or dangerous weapons in the secure area hearing room is in effect only during the time the secure area hearing room is in use for hearings and for a reasonable time before and after its use.
Private Schools
Private schools have the right to restrict the possession of firearms because it is private property. Just like any other private property, owners are allowed to have policies that include “no weapons” or “no firearms” allowed on the property. It is important to understand that if you have a Utah concealed firearm permit, it is not illegal to carry a firearm in and on the grounds of any private school even if they have a restrictive policy. This falls under the same category of the no weapon signs. If you are asked to leave, you must leave. A violation could result in being charged with criminal trespassing and/or disorderly conduct. If you are a teacher or employee it could result in termination of employment, or if you are a student you could receive 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
Federal Laws
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.