Prohibited areas do not include businesses that post "No Weapon" or "No Firearms" signs.
For more information about these signs click here.
53-5-710. Cross-references to concealed firearm permit restrictions.
A person with a permit to carry a concealed firearm may not carry a concealed firearm in the following locations:
(1) any secure area prescribed in Section 76-10-523.5 in which firearms are prohibited and notice of the prohibition posted;
(2) in any airport secure area as provided in Section 76-10-529; or
(3) in any house of worship or in any private residence where dangerous weapons are prohibited as provided in Section 76-10-530.
We will break this down into each Subsection and explain them in detail.
Subsection (1) Any secure area in which firearms are prohibited and notice of the prohibition posted
76-10-523.5. Compliance with rules for secure facilities.
Any person, including a person licensed to carry a concealed firearm under Title 53, Chapter 5, Part 7, Concealed Firearm Act, shall comply with any rule established for secure facilities pursuant to Sections 53B-3-103, 76-8-311.1, 76-8-311.3, and 78A-2-203 and shall be subject to any penalty provided in those sections.
• 53B-3-103. Power of board to adopt rules and enact regulations.
This law authorizes higher education institutions to establish no more than one secure area at each institution as a hearing room and that no firearms, ammunition, or dangerous weapons are allowed into 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. 53B-3-102. defines state institution of higher education as the University of Utah, Utah State University, Southern Utah University, Weber State University, Snow College, Dixie State University, Utah Valley University, Salt Lake Community College, and any other university or college which may be established and maintained by the state and includes any branch or affiliated institution and any campus or facilities owned, operated, or controlled by the governing board of the university or college.
See how to carry a firearm in schools here.
• 76-8-311.1. Secure areas -- Items prohibited -- Penalty.
Defines a "secure any" area into which certain persons are restricted from transporting any firearm, ammunition, dangerous weapon, or explosive and that at least one notice shall be prominently displayed at each entrance to an area in which a firearm, ammunition, dangerous weapon, or explosive is restricted. It also states that a "secure area" may not include any area normally accessible to the public.
76-8-311.1. (1) (a) "Correctional facility" has the same meaning as defined in Section 76-8-311.3.
- 76-8-311.3. Items prohibited in correctional and mental health facilities -- Penalties.
(c) "Correctional facility" means:
(i) any facility operated by or contracting with the Department of Corrections to house offenders in either a secure or nonsecure setting;
(ii) any facility operated by a municipality or a county to house or detain criminal offenders;
(iii) any juvenile detention facility; and
(iv) any building or grounds appurtenant to the facility or lands granted to the state, municipality, or county for use as a correctional facility.
76-8-311.1. (1) (c) "Law enforcement facility" means a facility which is owned, leased, or operated by a law enforcement agency.
76-8-311.1. (d) "Mental health facility" is as defined in Section 62A-15-602.
- 62A-15-602. (12) "Mental health facility" means the Utah State Hospital or other facility that provides mental health services under contract with the division, a local mental health authority, a person that contracts with a local mental health authority, or a person that provides acute inpatient psychiatric services to a patient.
76-8-311.1. (3) At least one notice shall be prominently displayed at each entrance to an area in which a firearm, ammunition, dangerous weapon, or explosive is restricted.
(4) (a) Provisions shall be made to provide a secure weapons storage area so that persons entering the secure area may store their weapons prior to entering the secure area.
(b) The entity operating the facility shall be responsible for weapons while they are stored in the storage area.
In 76-8-311.1 (3) above, the law requires that these secure areas provide a secure storage area so that persons entering the secure area may store their weapons prior to entering the secure area. However, these locations will require you to leave your firearm in your vehicle and not allow you to store the firearm, therefore violating this law.
76-8-311.1. (6) (a) Any person who, without the permission of the authority operating the correctional facility or the secure area of a mental health facility, knowingly possesses at a correctional facility or a secure area of a mental health facility any firearm, ammunition, dangerous weapon, or implement of escape is guilty of a third degree felony.
• 78A-2-203. Rules -- Right to make -- Limitation -- Security.
(2) (a) The judicial council may provide, through the rules of judicial administration, for security in or about a courthouse or courtroom, or establish a secure area as prescribed in Section 76-8-311.1.
(b) (i) If the council establishes a secure area under Subsection (2)(a), it shall provide a secure firearms storage area on site so that persons with lawfully carried firearms may store them while they are in the secure area.
(ii) The entity operating the facility with the secure area shall be responsible for the firearms while they are stored in the storage area referred to in Subsection (2)(b)(i).
(iii) The entity may not charge a fee to individuals for storage of their firearms under Subsection (2)(b)(i).
(3) "Courts" mean all courts of this state, including all courts of record and not of record.
In 78A-2-203 (2) above, the law requires that courts provide free firearm storage on site so that persons with lawfully carried firearms may store them while they are in the secure area. However, the court security or police officers will require you to leave your firearm in your vehicle and not allow you to store the firearm, therefore violating this law.
78A-2-203 (3) (a) Unless authorized by the rules of judicial administration, any person who knowingly or intentionally possesses a firearm, ammunition, or dangerous weapon within a secure area established by the judicial council under this section is guilty of a third degree felony.
Subsection (2) In any airport secure area
76-10-529. Possession of dangerous weapons, firearms, or explosives in airport secure areas prohibited -- Penalty.
First, it is LEGAL to carry a firearm into an airport to the airline ticket counters and baggage claim area.
This law states you cannot take a firearm "within a secure area of an airport" which is past the security checkpoint.
See how to safely and lawfully carry and travel with firearms and ammunition here.
• 76-10-529 (2) (a) Within a secure area of an airport established pursuant to this section, a person, including a person licensed to carry a concealed firearm under Title 53, Chapter 5, Part 7, Concealed Firearm Act, is guilty of:
(i) a class A misdemeanor if the person knowingly or intentionally possesses any dangerous weapon or firearm;
(ii) an infraction if the person recklessly or with criminal negligence possesses any dangerous weapon or firearm;
(5) Upon the discovery of any dangerous weapon, firearm, or explosive, the airport authority, county, or municipality, the employees, or other personnel administering the secure area may:
(a) require the individual to deliver the item to the air freight office or airline ticket counter;
(b) require the individual to exit the secure area; or
(c) obtain possession or retain custody of the item until it is transferred to law enforcement officers.
There are additional penalties and fines up to $13,333 that you will receive from the Transportations Security Administration (TSA) for taking any firearm including any firearm parts (magazines, clips, bolts, firing pins, realistic replicas, ect.) or ammunition.
See more information here, and scroll down to the TSA Fine Schedule.
Subsection (3) In any house of worship or in any private residence where dangerous weapons are prohibited
76-10-530. Trespass with a Firearm in a House of Worship or Private Residence -- Notice -- Penalty.
1) A person, including a person licensed to carry a concealed firearm pursuant to Title 53, Chapter 5, Part 7, Concealed Firearm Act, after notice has been given as provided in Subsection (2) that firearms are prohibited, may not knowingly and intentionally:
(a) transport a firearm into:
(i) a house of worship; or
(ii) a private residence; or
(b) while in possession of a firearm, enter or remain in:
(i) a house of worship; or
(ii) a private residence.
The law states that after notice has been given, you may not knowingly and intentionally transport a firearm into or while in possession of a firearm, enter or remain in a house of worship or a private residence.
The house of worships that have notified BCI of their intent to prohibit firearms are:
• Wasatch Presbyterian Church (1626 S 1700 E, SLC)
• The Church of Jesus Christ of Latter-day Saints (ALL churches, temples, ect.) See here.
A private residence has the right to make certain rules for people while on their property and/or in their home. If someone doesn't want firearms in their home, it's within their right to do so.
76-10-530 (6) A violation of this section is an infraction.
• 76-3-105. Infractions.
(1) Infractions are not classified.
(2) Any offense which is an infraction within this code is expressly designated and any offense defined outside this code which is not designated as a felony or misdemeanor and for which no penalty is specified is an infraction.
• 76-3-301. Fines of individuals.
(1) An individual convicted of an offense may be sentenced to pay a fine, not exceeding:
(e) $750 for a class C misdemeanor conviction or infraction conviction;
53-5-704. Bureau duties -- Permit to carry concealed firearm -- Certification for concealed firearms instructor -- Requirements for issuance -- Violation -- Denial, suspension, or revocation -- Appeal procedure.
(3)(b) The bureau may not deny, suspend, or revoke a concealed firearm permit solely for a single conviction of an infraction violation of Title 76, Chapter 10,Part 5, Weapons.
This means that even if you are convicted of a single infraction, you will not lose your concealed firearm permit.
Persons Exempt From Weapon Laws
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;
(f) a court commissioner as defined and qualified under Section 53-5-711; or
(g) a common carrier while engaged in the regular and ordinary transport of firearms as merchandise.
(2) Notwithstanding Subsection (1), the provisions of Section 76-10-528 apply to any individual listed in Subsection (1) who is not employed by a state or federal agency or political subdivision that has adopted a policy or rule regarding the use of dangerous weapons.
(3) Subsections 76-10-504(1) and (2), and Section 76-10-505 do not apply to:
(a) an individual to whom a permit to carry a concealed firearm has been issued:
(i) pursuant to Section 53-5-704; or
(ii) by another state or county; or
(b) a person who is issued a protective order under Subsection 78B-7-106(1)(b) or 78B-7-404(1)(b), unless the person is a restricted person as described in Subsection 76-10-503(1), for a period of 120 days after the day on which the person is issued the protective order.
(4) 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.