01-07 16:13 H.B. 128
1
Dangerous Weapon at a School Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matthew H. Gwynn
2
3
LONG TITLE
4
General Description:
5
This bill addresses the crime of possession of a dangerous weapon on or about school
6
premises.
7
Highlighted Provisions:
8
This bill:
9
▸ clarifies that the crime of possession of a dangerous weapon on or about school premises
10
applies to both minors and adults; and
11
▸ makes technical and conforming changes.
12
Money Appropriated in this Bill:
13
None
14
Other Special Clauses:
15
None
16
Utah Code Sections Affected:
17
AMENDS:
18
76-10-505.5, as last amended by Laws of Utah 2024, Chapters 21, 117 and 301
19
20
Be it enacted by the Legislature of the state of Utah:
21
Section 1. Section 76-10-505.5 is amended to read:
22
76-10-505.5 . Possession of a dangerous weapon on or about school premises.
23
(1)(a) As used in this section, "on or about school premises" means:
24
[(a)] (i)[(i)] (A) in a public or private elementary or secondary school; or
25
[(ii)] (B) on the grounds of any of those schools;
26
[(b)] (ii)[(i)] (A) in a public or private institution of higher education; or
27
[(ii)] (B) on the grounds of a public or private institution of higher education; or
28
[(c)] (iii)[(i)] (A) inside the building where a preschool or child care is being held,
29
if the entire building is being used for the operation of the preschool or child
30
care; or
31
[(ii)] (B) if only a portion of a building is being used to operate a preschool or H.B. 128 01-07 16:13
32
child care, in that room or rooms where the preschool or child care operation is
33
being held.
34
(b) Terms defined in Sections 76-1-101.5, 76-11-101, and 76-11-201 apply to this
35
section.
36
(2) An actor [who is 18 years old or older may not possess] commits possession of a
37
dangerous weapon on or about school premises if the actor possesses a dangerous
38
weapon[, firearm, or short barreled shotgun] at a place that the actor knows, or has
39
reasonable cause to believe, is on or about school premises.
40
(3)(a) [Possession of a dangerous weapon on or about school premises is a class B
41
misdemeanor.] A violation of Subsection (2) is a class B misdemeanor if the
42
dangerous weapon carried by the actor is not a firearm.
43
(b) [Possession of a firearm or short barreled shotgun on or about school premises is a
44
class A misdemeanor.] A violation of Subsection (2) is a class A misdemeanor if the
45
dangerous weapon carried by the actor is a firearm.
46
(4) This section does not apply if:
47
(a) the actor is authorized to possess a firearm as described in Section 53-5-704,
48
53-5-705, 76-10-511, or 76-10-523, or as otherwise authorized by law;
49
(b) the actor is authorized to possess a firearm as described in Section 53-5-704.5, unless
50
the actor is in a location where the actor is prohibited from carrying a firearm under
51
Subsection 53-5-710(2);
52
(c) the possession of the dangerous weapon is approved by the responsible school
53
administrator;
54
(d) the [item] dangerous weapon is present or to be used in connection with a lawful,
55
approved activity and is in the possession or under the control of the actor
56
responsible for the [item's] dangerous weapon's possession or use;
57
(e) the actor is an armed school security guard as described in Section 53G-8-704; or
58
(f) the possession is:
59
(i) at the actor's place of residence or on the actor's property; or
60
(ii) in any vehicle lawfully under the actor's control, other than a vehicle owned by
61
the school or used by the school to transport students.
62
(5) This section does not[ :] :
63
(a) prohibit prosecution of [a more serious weapons] another criminal offense that may
64
occur on or about school premises;
65
(b) prevent an actor from securely storing a firearm on the grounds of a school if the
- 2 - 01-07 16:13 H.B. 128
66
actor:
67
(i) participates in:
68
(A) the school guardian program created in Section 53-22-105; [and] or
69
(B) the Educator-Protector Program created in Section 53-22-107; and
70
(ii) complies with the requirements for securely storing the firearm described in
71
Subsection 53-22-107(5)(a); or
72
(c) prohibit the prosecution of possession of a dangerous weapon by a minor, as
73
described in Section 76-10-509.4, that occurs on or about school premises.
74
Section 2. Effective date.
75
This bill takes effect on May 7, 2025.
- 3 -