The table below is an index listing the topics.  Click on the topic to get to the text of that section.    The full text of all listed sections is shown in numerical sequence below the index.  All current Utah laws related to firearms or weapons are included in this listing. (Compiled by John Spangler for the Utah Shooting Sports Council)

Alphabetical Index by heading and topic
 

Title	Section	Heading	Topic
76	10-306	Explosives	Crimes & offenses- possession
53A	3-502	Explosives	Private schools- possession in or about school buildings
53A	3-502	Explosives	Public schools- possession on grounds or in schools
76	8-715	Explosives	Universities & Colleges- damage or destruction of property by
76	8-311.1	Felonies	Ammunition- items prohibited in secure area
76	10-509.9	Felonies	Firearms sales to juveniles
76	8-311.1	Felonies	Firearms- items prohibited in secure areas
76	10-522	Firearms	Alteration of serial number
76	10-1504	Firearms	Bus Passenger Safety- boarding bus with
76	10-1507	Firearms	Bus Passenger Safety- carrying concealed
76	10-1505	Firearms	Bus Passenger Safety- discharging
76	10-504	Firearms	Concealed dangerous weapons
76	10-501	Firearms	Defined
76	5-102.8	Firearms	Disarming a police officer
76	10-508	Firearms	Discharge from vehicle or near highway
76	3-203.1	Firearms	Enhanced penalties for offenses committed by three or more persons
76	3-203	Firearms	Felonies- Increased sentence if firearm used
76	10-520	Firearms	Identification number for handgun
76	8-311.1	Firearms	Items prohibited in secure area
76	10-502	Firearms	Loaded weapons- carrying in vehicle, on street or in prohibited area
76	10-502	Firearms	Loaded weapons- misdemeanor
76	10-502	Firearms	Loaded weapons- when deemed loaded
76	8-311.1	Firearms	Mental Health facilities- prohibited items
76	3-501	Firearms	Motor vehicle forfeiture for use in weapons offenses
10	8-47	Firearms	Municipal corporations- regulation and prevention of discharge
76	10-509.6	Firearms	Parent and child- providing firearm to violent minors
53	5-704	Firearms	Peace officers- concealed weapons permits
53	5-711	Firearms	Peace officers- concealed weapons permits- exemptions
53	13-105	Firearms	Peace officers- special function officers carrying limitations
58	63-307	Firearms	Private Security companies use of firearms
76	10-524	Firearms	Purchase of firearms in contiguous states
26	23a-1 to 23a-3	Firearms	Reports of injuries inflicted by
76	10-509.9	Firearms	Sales to juveniles
76	3-203.2	Firearms	School Premises- enhanced penalties if firearm used for offense
76	10-505.5	Firearms	School Premises- possession on or about
47	3-1 to 3-3	Firearms	Shooting ranges
76	10-530	Firearms	Trespass in house of worship or residence with firearm
76	10-521	Firearms	Unlawful marking of handgun serial number
23	20-20	Firearms	Wildlife hunting, children to be accompanied by adult
53	5-704	Weapons	Appeal of Concealed carry permit
53	5-705	Weapons	Appeal of temporary permit
76	10-523	Weapons	Applicability- persons exempt
76	5-103	Weapons	Assault- aggravated
76	5-104	Weapons	Assault- consensual altercation not a defense
76	10-507	Weapons	Assault- possession with intent to assault
76	10-1505	Weapons	Bus or Bus Terminal- Firing into
76	10-1507	Weapons	Bus Terminal- carrying concealed firearm/DW
76	10-1504	Weapons	Bus- boarding with firearm/DW
53	5-706	Weapons	Concealed Weapon licenses- fingerprints
53	5-708	Weapons	Concealed Weapon licenses- records transmitted to bureaus
53	5-706	Weapons	Concealed Weapon licenses- report from BCI
53	5-703	Weapons	Concealed Weapon permit review board
53	5-703	Weapons	Concealed Weapon review board
53	5-705	Weapons	Concealed Weapon- temporary permit denial
53	5-707	Weapons	Concealed weapons permit fees
76	10-1507	Weapons	Concealed Weapons- bus
76	10-1507	Weapons	Concealed Weapons- Bus passenger
76	10-504	Weapons	Concealed Weapons- Bus passenger penalty
76	10-504	Weapons	Concealed Weapons- bus, penalty
76	10-523.5	Weapons	Concealed Weapons- compliance with rules for secure facility
76	10-523-5	Weapons	Concealed Weapons- compliance with rules secure facility
53	5-702	Weapons	Concealed Weapons- permit to carry definitions
53	5-704	Weapons	Concealed Weapons- permit to carry, board of review
53	5-701	Weapons	Concealed Weapons- permit to carry, citation of part
53	5-707	Weapons	Concealed Weapons- permit to carry, fee
53	5-711	Weapons	Concealed Weapons- permit to carry, law enforcement and judges
53	5-704	Weapons	Concealed Weapons- permit to carry, law enforcement and judges
53	5-710	Weapons	Concealed Weapons- permit to carry, locations where cannot be carried
53	5-704	Weapons	Concealed Weapons- permit to carry, requirements for issuance
53	5-705	Weapons	Concealed Weapons- permit to carry, temporary permit
53	5-704	Weapons	Concealed Weapons- permit to carry- appeal procedure
53	5-706	Weapons	Concealed Weapons- permit to carry- fingerprint transmittal
76	10-525	Weapons	Confiscation- disposition aft use for court purposes
76	10-523	Weapons	Construction and interpretation, persons exempt
76	10-501	Weapons	Construction and interpretation- uniform applicability throughout state
64	13-8	Weapons	Correctional facilities- designation of employees to carry firearms
76	8-311.1	Weapons	Correctional facilities- prohibited items
76	10-501	Weapons	Crimes & offenses- defined
76	8-311.1	Weapons	Crimes & offenses- items prohibited in secure areas
76	10-501	Weapons	Crimes of violence- defined
76	10-526	Weapons	Crimes of violence- prohibited acts prior to purchase of handgun
76	10-527	Weapons	Crimes of violence- prohibited acts prior to purchase of handgun
76	10-526	Weapons	Criminal history background check fees
76	1-601	Weapons	Dangerous weapons defined
76	10-504	Weapons	Dangerous weapons, concealed sawed off shotguns prohibited
76	10-503	Weapons	Dangerous weapons, drug addicts not permitted to possess
76	10-512	Weapons	Dangerous weapons, exceptions from prohibitions
77	7-17	Weapons	Dangerous weapons, Firearms- frisking suspects for
76	8-311.1	Weapons	Dangerous weapons, mental health facilities prohibited items
76	10-503	Weapons	Dangerous weapons, mentally incompetent persons not permitted to possess
76	3-501	Weapons	Dangerous weapons, motor vehicle forfeiture for use in weapon offenses
76	10-503	Weapons	Dangerous weapons, Parolees not permitted to possess
76	10-503	Weapons	Dangerous weapons, persons not permitted to possess
76	10-509	Weapons	Dangerous weapons, possession by minors
76	10-503	Weapons	Dangerous weapons, possession by prisoners not permitted
76	10-529	Weapons	Dangerous weapons, possession in airport secure areas
76	10-503	Weapons	Dangerous weapons, possession penalty
76	10-528	Weapons	Dangerous weapons, possession under influence of alcohol or drugs
76	10-503	Weapons	Dangerous weapons, Probationers not permitted to possess
76	10-505.5	Weapons	Dangerous weapons, school premises, possession on- prohibited
76	10-506	Weapons	Dangerous weapons, threat or use of in fight, misdemeanor
76	10-507	Weapons	Dangerous weapons. possession with intent to assault
76	10-501	Weapons	Dealers defined
53	5-702	Weapons	Definitions, permit to carry concealed weapons
76	10-1504	Weapons	Felonies- bus passenger
76	10-1507	Weapons	Felonies- bus passenger
76	10-503	Weapons	Felonies- concealed dangerous weapons
76	10-504	Weapons	Felonies- concealed dangerous weapons
76	3-203.2	Weapons	Felonies- deadly weapon offenses on school premises- enhanced penalties
76	10-508	Weapons	Felonies- discharge of firearm in direction of person, building or vehicle
76	10-508	Weapons	Felonies- drive by shooting
76	3-203	Weapons	Felonies- increase of sentence if deadly weapon used
76	3-203	Weapons	Felonies- increased sentence if deadly weapon used
76	10-527	Weapons	Felonies- violation of restriction on possession, purchase or transfer
76	10-509.5	Weapons	Felonies-- providing certain weapons to minor
53A	13-106	Weapons	Firearm Safety instruction
76	10-501	Weapons	Firearms transaction record form defined
76	10-505	Weapons	Firearms- carrying loaded on street
26	23a-1 to 23a-3	Weapons	Gunshot wounds- injury reports by health care providers
76	10-526	Weapons	Handguns- Criminal History background check required
76	10-527	Weapons	Handguns- Criminal History background check required
76	10-503	Weapons	Handguns- possession
76	10-509.4	Weapons	Handguns- possession by minor
76	10-503	Weapons	Handguns- purchase or transfer
76	10-511	Weapons	Loaded firearm- authorization to possess at residence
76	10-505	Weapons	Loaded firearms in vehicle, on street or in prohibited area, misdemeanor
76	10-509.4	Weapons	Minors- possession of certain weapons enumerated
23	20-20	Weapons	Minors- wildlife hunting with adult
76	10-504	Weapons	Misdemeanors- concealed dangerous weapon- when a misdemeanor
76	6-106	Weapons	Misdemeanors- criminal mischief generally
76	10-507	Weapons	Misdemeanors- possession of dangerous weapon with intent to assault
76	10-509.5	Weapons	Misdemeanors- providing certain weapons to minor
76	10-506	Weapons	Misdemeanors- threat with or use of dangerous weapon in fight or quarrel
76	10-531	Weapons	Olympic venue secure area restrictions on weapons and explosives
76	10-523	Weapons	Persons exempt from weapons laws
76	10-509.7	Weapons	Possession by minor- parent's obligation to remove
76	8-311.3	Weapons	Prohibited in correctional and mental health facilities
76	10-524	Weapons	Purchase in contiguous state
77	7-9	Weapons	Taking from prisoner authorized

 

Title 23    Wildlife Resources Code of Utah
23-20-20.   Children accompanied by adults while hunting with weapon. (1) As used in this section, "accompanied" means at a distance within which visual and verbal communication is maintained for the purposes of advising and assisting.
     (2) A person under the age of 14 years must be accompanied by his parent or legal guardian, or other responsible person of the age of 21 years or older and approved by his parent or guardian, while hunting with any weapon.
     (3) A person of at least 14 years of age and under 16 years of age must be accompanied by his parent or legal guardian, or other responsible person of the age of 21 years or older and approved by his parent or guardian, while hunting big game with any weapon.
     (4) A person of at least 14 years of age and under 16 years of age must be accompanied by a person of the age of 21 years or older while hunting wildlife, other than big game, with any weapon.
     (5) A person under the age of 12 years is not permitted to hunt for protected wildlife except as provided by rules of the Wildlife Board.

Title 26
26-23a-1.   Definitions.
     As used in this chapter:
     (1) "Health care provider" means any person, firm, corporation, or association which furnishes treatment or care to persons who have suffered bodily injury, and includes hospitals, clinics, podiatrists, dentists and dental hygienists, nurses, nurse practitioners, physicians and physicians' assistants, osteopathic physicians, naturopathic practitioners, chiropractors, acupuncturists, paramedics, and emergency medical technicians.
     (2) "Injury" does not include any psychological or physical condition brought about solely through the voluntary administration of prescribed controlled substances.
     (3) "Law enforcement agency" means the municipal or county law enforcement agency:
     (a) having jurisdiction over the location where the injury occurred; or
     (b) if the reporting health care provider is unable to identify or contact the law enforcement agency with jurisdiction over the injury, "law enforcement agency" means the agency nearest to the location of the reporting health care provider.
     (4) "Report to a law enforcement agency" means to report, by telephone or other spoken communication, the facts known regarding an injury subject to reporting under Section 26-23a-2 to the dispatch desk or other staff person designated by the law enforcement agency to receive reports from the public.

26-23a-2.   Injury reporting requirements by health care provider -- Contents of report.
     (1) (a) Any health care provider who treats or cares for any person who suffers from any wound or other injury inflicted by the person's own act or by the act of another by means of a knife, gun, pistol, explosive, infernal device, or deadly weapon, or by violation of any criminal statute of this state, shall immediately report to a law enforcement agency the facts regarding the injury.
     (b) The report shall state the name and address of the injured person, if known, the person's whereabouts, the character and extent of the person's injuries, and the name, address, and telephone number of the person making the report.
     (2) A health care provider may not be discharged, suspended, disciplined, or harassed for making a report pursuant to this section.
     (3) A person may not incur any civil or criminal liability as a result of making any report required by this section.
     (4) A health care provider who has personal knowledge that the report of a wound or injury has been made in compliance with this section is under no further obligation to make a report regarding that wound or injury under this section.

26-23a-3.   Penalties. Any health care provider who intentionally or knowingly violates any provision of Section 26-23a-2 is guilty of a class B misdemeanor.

Title 47    Nuisances
47-3-1.   Definition.
     As used in this chapter, "shooting range" or "range" means an area designed and continuously operated under nationally recognized standards and operating practices for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or any other similar shooting activities.

47-3-2.   Assumption of risk.
     Each person who participates in shooting at a shooting range accepts the associated risks to the extent the risks are obvious and inherent. Those risks include injuries that may result from noise, discharge of projectile or shot, malfunction of shooting equipment not owned by the shooting range, natural variations in terrain, surface or subsurface snow or ice conditions, bare spots, rocks, trees, and other forms of natural growth or debris.

47-3-3.   When nuisance action permitted.
     (1) Each state agency or political subdivision shall ensure that any of its rules or ordinances that define or prohibit a public nuisance exclude from the definition or prohibition any shooting range that was established, constructed, or operated prior to the implementation of the rule or ordinance regarding public nuisance unless that activity or operation substantially and adversely affects public health or safety.
     (2) A person who operates or uses a shooting range in this state is not subject to civil liability or criminal prosecution for noise or noise pollution resulting from the operation or use of the range if:
     (a) the range:
     (i) was established, constructed, or operated prior to the implementation of any noise ordinances, rules, or regulations; and
     (ii) does not substantially and adversely affect public health or safety; or
     (b) the range:
     (i) is in compliance with any noise control laws, ordinances, rules, or regulations that applied to the range and its operation at the time of establishment, construction, or initial operation of the range; and
     (ii) does not substantially and adversely affect public health or safety.
     (3) For the purposes of this section, noise generated by a shooting range that is operated in accordance with nationally recognized standards and operating practices is not a public health nuisance.
     (4) For any new subdivision development located in whole or in part within 1,000 feet of the boundary of any shooting range that was established, constructed, or operated prior to the development of the subdivision, the owner of the development shall provide on any plat filed with the county recorder the following notice:      "Shooting Range Area. This property is located in the vicinity of an established shooting range. It can be anticipated that customary uses and activities at this shooting range will be conducted now and in the future. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience which may result from these uses and activities."

Title 53    Public Safety Code
53-5-701.   Short title. This part is known as the "Concealed Weapon Act."
53-5-702.   Definitions.
     (1) As used in this part:
     (a) "Board" means the Concealed Weapon Review Board created in Section 53-5-703;
     (b) "Commissioner" means the commissioner of the Department of Public Safety; and
     (c) "Conviction" means criminal conduct where the filing of a criminal charge has resulted in:
     (i) a finding of guilt based on evidence presented to a judge or jury;
     (ii) a guilty plea;
     (iii) a plea of nolo contendere;
     (iv) a plea of guilty or nolo contendere which is held in abeyance pending the successful completion of probation;
     (v) a pending diversion agreement; or
     (vi) a conviction which has been reduced pursuant to Section 76-3-402.
     (2) The definitions in Section 76-10-501 apply to this part.

53-5-703.   Board -- Membership -- Compensation -- Terms -- Duties.
     (1) There is created within the division the Concealed Weapon Review Board.
     (2) (a) The board is comprised of not more than five members appointed by the commissioner on a bipartisan basis.
     (b) The board shall include a member representing law enforcement and at least two citizens, one of whom represents sporting interests.
     (3) (a) Except as required by Subsection (b), as terms of current board members expire, the commissioner shall appoint each new member or reappointed member to a four-year term.
     (b) Notwithstanding the requirements of Subsection (a), the commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
     (4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
     (5) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
     (ii) Members may decline to receive per diem and expenses for their service.
     (b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the board at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
     (ii) State government officer and employee members may decline to receive per diem and expenses for their service.
     (6) The board shall meet at least quarterly, unless the board has no business to conduct during that quarter.
     (7) The board, upon receiving a timely filed petition for review, shall review within a reasonable time the denial, suspension, or revocation of a permit or a temporary permit to carry a concealed firearm.

53-5-704.   Division duties -- Permit to carry concealed firearm -- Requirements for issuance -- Violation --
Denial, suspension, or revocation -- Appeal procedure.
      (1) The division or its designated agent shall issue a permit to carry a concealed firearm for lawful self defense to an applicant who is 21 years of age or older within 60 days after receiving an application and upon proof that the person applying is of good character. The permit is valid throughout the state, without restriction except as provided by Section 53-5-710:
     (a) for two years; or
     (b) for five years for permits issued or renewed on or after May 1, 1998.
     (2) An applicant satisfactorily demonstrates good character if he:
     (a) has not been convicted of a felony;
     (b) has not been convicted of any crime of violence;
     (c) has not been convicted of any offenses involving the use of alcohol;
     (d) has not been convicted of any offense involving the unlawful use of narcotics or other controlled substances;
     (e) has not been convicted of any offenses involving moral turpitude;
     (f) has not been convicted of any offense involving domestic violence;
     (g) has not been adjudicated by a court of a state or of the United States as mentally incompetent, unless the adjudication has been withdrawn or reversed; and
     (h) is qualified to purchase and possess a dangerous weapon and a handgun pursuant to Section 76-10-503 and federal law.
     (3) (a) The division may deny, suspend, or revoke a concealed firearm permit if the licensing authority has reasonable cause to believe that the applicant has been or is a danger to self or others as demonstrated by evidence including, but not limited to:
     (i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
     (ii) past participation in incidents involving unlawful violence or threats of unlawful violence; or
     (iii) conviction of any offense in violation of Title 76, Chapter 10, Part 5, Weapons.
     (b) The division may not deny, suspend, or revoke a concealed firearm permit solely for a single conviction for an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
     (c) In determining whether the applicant has been or is a danger to self or others, the division may inspect:
     (i) expunged records of arrests and convictions of adults as provided in Section 77-18-15; and
     (ii) juvenile court records as provided in Section 78-3a-206.
     (d) (i) If a person granted a permit under this part has been charged with a crime of violence in Utah or any other state, the division shall suspend the permit.
     (ii) Upon notice of the acquittal of the person charged, or notice of the charges having been dropped, the division shall immediately reinstate the suspended permit.
     (4) A former peace officer who departs full-time employment as a peace officer, in an honorable manner, shall be issued a concealed firearm permit within five years of that departure if the officer meets the requirements of this section.
     (5) In assessing good character under Subsection (2), the licensing authority shall consider mitigating circumstances.
     (6) Except as provided in Subsection (7), the licensing authority shall also require the
applicant to provide:
     (a) address of applicant's permanent residence;
     (b) letters of character reference;
     (c) two recent dated photographs;
     (d) two sets of fingerprints;
     (e) a five-year employment history;
     (f) a five-year residential history; and
     (g) evidence of general familiarity with the types of firearms to be concealed as defined in Subsection (8).
     (7) An applicant who is a law enforcement officer under Section 53-13-103 may provide a letter of good standing from the officer's commanding officer in place of the items required by Subsections (6)(b), (e), (f), and (g).
     (8) (a) General familiarity with the types of firearms to be concealed includes training in:
     (i) the safe loading, unloading, storage, and carrying of the types of firearms to be concealed; and
     (ii) current laws defining lawful use of a firearm by a private citizen, including lawful self-defense, use of force by a private citizen including use of deadly force, transportation, and concealment.
     (b) Evidence of general familiarity with the types of firearms to be concealed may be satisfied by one of the following:
     (i) completion of a course of instruction conducted by any national, state, or local firearms training organization approved by the division;
     (ii) certification of general familiarity by a person who has been certified by the division, which may include a law enforcement officer, military or civilian firearms instructor, or hunter safety instructor; or
     (iii) equivalent experience with a firearm through participation in an organized shooting competition, law enforcement, or military service.
     (9) An applicant for certification as a Utah concealed firearms instructor shall:
     (a) be at least 21 years of age; and
     (b) be currently eligible to possess a firearm under Section 76-10-503 and federal law.
     (10) Each certified concealed firearms instructor shall provide for his students the required course of instruction outline approved by the division.
     (11) All concealed firearms instructors are required to provide a signed certificate to persons completing the course of instruction, which certificate shall be provided by the applicant to the division.
     (12) The division may deny, suspend, or revoke the certification of a concealed firearms instructor if the licensing authority has reason to believe the applicant has:
     (a) become ineligible to possess a firearm under Section 76-10-503 or federal law; or
     (b) knowingly and willfully provided false information to the division.
     (13) A concealed firearms instructor has the same appeal rights as set forth in Subsection (16).
     (14) In issuing a permit under this part, the licensing authority is not vicariously liable for damages caused by the permit holder.
     (15) If any person knowingly and willfully provides false information on an application filed under this part, he is guilty of a class B misdemeanor, and his application may be denied, or  his permit may be suspended or revoked.
     (16) (a) In the event of a denial, suspension, or revocation by the agency, the applicant may file a petition for review with the board within 60 days from the date the denial, suspension, or revocation is received by the applicant by certified mail, return receipt requested.
     (b) The denial of a permit shall be in writing and shall include the general reasons for the action.
     (c) If an applicant appeals his denial to the review board, the applicant may have access to the evidence upon which the denial is based in accordance with Title 63, Chapter 2, Government Records Access and Management Act.
     (d) On appeal to the board, the agency shall have the burden of proof by a preponderance of the evidence.
     (e) Upon a ruling by the board on the appeal of a denial, the division shall issue a final order within 30 days stating the board's decision. The final order shall be in the form prescribed by Subsection 63-46b-5(1)(i). The final order is final agency action for purposes of judicial review under Section 63-46b-15.
     (17) The commissioner may make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, necessary to administer this chapter.

53-5-705.   Temporary permit to carry concealed firearm -- Denial, suspension, or revocation -- Appeal.
     (1) The division or its designated agent may issue a temporary permit to carry a concealed firearm to a person who:
     (a) has applied for a permit under Section 53-5-704;
     (b) has applied for a temporary permit under this section; and
     (c) meets the criteria required in Subsections (2) and (3).
     (2) To receive a temporary permit under this section, the applicant shall:
     (a) demonstrate good character by the same requirements as in Section 53-5-704; and
     (b) demonstrate in writing to the satisfaction of the licensing authority extenuating circumstances that would justify issuing a temporary permit.
     (3) A temporary permit may not be issued under this section until preliminary record checks regarding the applicant have been made with the National Crime Information Center and the division to determine any criminal history.
     (4) A temporary permit is valid only for a maximum of 90 days or any lesser period specified by the division, or until a permit under Section 53-5-704 is issued to the holder of the temporary permit, whichever period is shorter.
     (5) The licensing authority may deny, suspend, or revoke a temporary permit prior to expiration if the commissioner determines:
     (a) the circumstances justifying the temporary permit no longer exist;
     (b) the holder of the permit has knowingly and willfully provided false information regarding his character; or
     (c) the holder of the temporary permit does not meet the requirements for a permit under Section 53-5-704.
     (6) (a) The denial, suspension, or revocation of a temporary permit shall be in writing and shall include the reasons for the action.
     (b) The licensing authority's decision to deny, suspend, or revoke a temporary permit may not be appealed to the board.
     (c) Denial, suspension, or revocation under this subsection is final action for purposes of judicial review under Section 63-46b-15.

53-5-706.   Permit -- Fingerprints transmitted to division -- Report from division.
(1) (a) Except as provided in Subsection (2), the fingerprints of each applicant shall be taken on two copies of forms prescribed by the division and shall be forwarded to the division.
     (b) Upon receipt of the fingerprints and the fee prescribed in Section 53-5-707, the division shall conduct a search of its files for criminal history information pertaining to the applicant, and shall request the Federal Bureau of Investigation to conduct a similar search through its files.
     (c) The division shall promptly furnish the forwarding licensing authority a report of all data and information pertaining to any applicant of which there is a record in its office, or of which a record is found in the files of the Federal Bureau of Investigation.
     (d) A permit may not be issued by any licensing authority until receipt of the report from the division.
     (2) If the permit applicant has previously applied to the same licensing authority for a permit to carry concealed firearms and the applicant's fingerprints and fee have been previously forwarded within one year to the division, the licensing authority shall note the previous identification numbers and other data which would provide positive identification in the files of the division on the copy of any subsequent permit submitted to the division in accordance with this section, and no additional application form, fingerprints, or fee are required.

53-5-707.   Permit -- Fees -- Disposition.
     (1) Each applicant for a permit shall pay a fee of $35 at the time of filing an application. The initial fee shall be waived for an applicant who is a law enforcement officer under Section 53-13-103.
     (2) The renewal fee for the permit is $10.
     (3) The replacement fee for the permit is $10.
     (4) The late fee for the renewal permit is $7.50.
     (5) All fees shall promptly be deposited in the state treasury and credited to the General Fund.
     (6) The division may collect any fees charged by an outside agency for additional services required by statute as a prerequisite for issuance of a permit. The division shall promptly forward any fees collected to the appropriate agency.

53-5-708.   Permit -- Names private. (1) When any permit is issued, a record shall be maintained in the office of the licensing authority. Notwithstanding the requirements of Subsection 63-2-301(1)(b), the names, addresses, telephone numbers, dates of birth, and Social Security numbers of persons receiving permits are protected records under Subsection 63-2-304(9).
     (2) Copies of each permit issued shall be filed immediately by the licensing authority with the division.

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;
     (3) in any house of worship or in any private residence where dangerous weapons are prohibited as provided in Section 76-10-530; or
     (4) at an Olympic venue secure area in violation of Section 76-10-531.

53-5-711.   Law enforcement officials and judges -- Training requirements -- Qualification -- Revocation.
     (1) For purposes of this section and Section 76-10-523:
     (a) "Judge" means a judge or justice of a court of record or court not of record, but does not include a judge pro tem or senior judge.
     (b) "Law enforcement official of this state" means:
     (i) a member of the Board of Pardons and Paroles;
     (ii) a district attorney, deputy district attorney, county attorney or deputy county attorney of a county not in a prosecution district;
     (iii) the attorney general;
     (iv) an assistant attorney general designated as a criminal prosecutor; or
     (v) a city attorney or a deputy city attorney designated as a criminal prosecutor.
     (2) To qualify for the exemptions enumerated in Section 76-10-523, a law enforcement official or judge shall complete the following training requirements:
     (a) meet the requirements of Sections 53-5-704, 53-5-706, and 53-5-707; and
     (b) successfully complete an additional course of training as established by the commissioner of public safety designed to assist them while carrying out their official law enforcement and judicial duties as agents for the state or its political subdivisions.
     (3) Annual requalification requirements for law enforcement officials and judges shall be established by the:
     (a) Board of Pardons and Paroles by rule for its members;
     (b) Judicial Council by rule for judges; and
     (c) the district attorney, county attorney in a county not in a prosecution district, the attorney general, or city attorney by policy for prosecutors under their jurisdiction.
     (4) The division may:
     (a) issue a certificate of qualification to a judge or law enforcement official who has completed the requirements of Subsection (1), which certificate of qualification is valid until revoked;
     (b) revoke the certificate of qualification of a judge or law enforcement official who fails to meet the annual requalification criteria established pursuant to Subsection (3); and
     (c) certify instructors for the training requirements of this section.

53-13-105.   Special function officer.
     (1) (a) "Special function officer" means a sworn and certified peace officer performing specialized investigations, service of legal process, security functions, or specialized ordinance, rule, or regulatory functions.
     (b) "Special function officer" includes:
     (i) state military police;
     (ii) constables;
     (iii) port-of-entry agents as defined in Section 72-1-102;
     (iv) authorized employees or agents of the Department of Transportation assigned to administer and enforce the provisions of Title 72, Chapter 9, Motor Carrier Safety Act;
     (v) school district security officers;
     (vi) Utah State Hospital security officers designated pursuant to Section 62A-12-203;
     (vii) Utah State Developmental Center security officers designated pursuant to Subsection 62A-5-206(9);
     (viii) fire arson investigators for any political subdivision of the state;
     (ix) ordinance enforcement officers employed by municipalities or counties may be special function officers;
     (x) employees of the Department of Natural Resources who have been designated to conduct supplemental enforcement functions as a collateral duty shall be special function officers;
     (xi) railroad special agents deputized by a county sheriff under Section 17-30-2, or appointed pursuant to Section 56-1-21.5;
     (xii) auxiliary officer, as described by Section 53-13-112; and
     (xiii) all other persons designated by statute as having special function officer authority or limited peace officer authority.
     (2) (a) A special function officer may exercise that spectrum of peace officer authority that has been designated by statute to the employing agency, and only while on duty, and not for the purpose of general law enforcement.
     (b) If the special function officer is charged with security functions respecting facilities or property, the powers may be exercised only in connection with acts occurring on the property where the officer is employed or when required for the protection of the employer's interest, property, or employees.
     (c) A special function officer may carry firearms only while on duty, and only if authorized and under conditions specified by the officer's employer or chief administrator.
     (3) (a) A special function officer may not exercise the authority of a peace officer until:
     (i) the officer has satisfactorily completed an approved basic training program for special function officers as provided under Subsection (4); and
     (ii) the chief law enforcement officer or administrator has certified this fact to the director of the division.
     (b) City and county constables and their deputies shall certify their completion of training to the legislative governing body of the city or county they serve.
     (4) (a) The agency that the special function officer serves may establish and maintain a basic special function course and in-service training programs as approved by the director of the division with the advice and consent of the council.
     (b) The in-service training shall consist of no fewer than 40 hours per year and may be conducted by the agency's own staff or other agencies.

Title 53A    State System of Public Education
53A-3-502.   Dangerous materials in the public schools -- Class B misdemeanor -- Exceptions. (1) A person who possesses a weapon, explosive, flammable material, or other material dangerous to persons or property in a public or private elementary or secondary school, on the grounds of the school, or in those parts of a building, park, or stadium which are being used for an activity sponsored by or through the school is guilty of a class B misdemeanor, unless a higher penalty is prescribed in Title 76, Criminal Code, in which case the penalty provisions of that title control.
     (2) Subsection (1) does not apply under the following circumstances:
     (a) possession is approved by the responsible school administrator; or
     (b) the item or material 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.

53A-13-106.   Instruction in firearm safety -- Purpose -- School districts to implement volunteer education
classes -- Parental consent exception.
     (1) (a) School districts may permit the use of district approved volunteers or school district teachers for instruction of firearm safety education classes for students.
     (b) The volunteers or school district teachers instructing the firearm safety education class are encouraged to utilize donated materials prepared by firearms training and education organizations or to develop their own materials within existing budgets.
     (2) The purpose of firearm safety education is to:
     (a) develop the knowledge, habits, skills, and attitudes necessary for the safe handling of firearms; and
     (b) help students avoid firearm injuries.
     (3) School districts may offer firearm safety instruction to students in grades kindergarten through four to teach them that in order to avoid injury when they find a firearm they should:
     (a) not touch it;
     (b) tell an adult about finding the firearm and its location; and
     (c) be able to share the instruction provided in Subsections (a) and (b) with any other minors who are with them when they find a firearm.
     (4) As used in this chapter, "firearm" means any firearm as defined in Section 76-10-501.
     (5) The State Board of Education shall make rules promulgated pursuant to Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, for:
     (a) use of certified volunteers for instruction of firearm safety education classes in the public schools;
     (b) use of public school classrooms or auditoriums for these classes;
     (c) school district review of donated materials before their use; and
     (d) proof of certification as a firearm safety instructor.
     (6) (a) A local school board may require every student in grades kindergarten through six to participate in a firearm safety education class offered within the public schools under this section.
     (b) A student may be exempted from participation upon notification to the local school by the student's parent or legal guardian that the parent or legal guardian wants the student exempted from the class in its entirety or any portion specified.
     (7) If a student is exempted under Subsection (6), the school may provide other activities during the period of time in which the student would otherwise be participating in the program.
     (8) The school districts may permit the Division of Wildlife Resources, local law enforcement agencies, peace officers as defined in Title 53, Chapter 13, Peace Officer Classifications, certified instructors, certified hunter education instructors, and other certified firearms safety instructors, as provided by rules adopted under Subsection(5)(a) to teach the firearm safety education class on a voluntary basis.
     (9) The school district is encouraged to maximize the use of existing firearm safety educational materials which are available at minimal or no cost and the use of certified volunteer instructors.
     (10) The school district may review the class on a regular basis for its effectiveness.

Title 58    Occupations and Professions
58-63-307.   Use of firearms.
     (1) An individual licensed as an armed private security officer may carry a firearm only while acting as an armed private security officer in accordance with this chapter and rules made under this chapter.
     (2) An individual licensed as an armed private security officer is exempt from the provisions of Sections 76-10-505 and 53-5-704 while acting as an armed private security officer in accordance with this chapter and rules made under this chapter.

Title 64    State Institutions
64-13-8.   Designation of employee powers. The department shall designate by policy which of its employees have the authority and powers of peace officers, the power to administer oaths, and other powers the department considers appropriate, including but not limited to the responsibility to bear firearms.

Title 76    Utah Criminal Code
76-1-601.   Definitions.
     Unless otherwise provided, the following terms apply to this title:
     (1) "Act" means a voluntary bodily movement and includes speech.
     (2) "Actor" means a person whose criminal responsibility is in issue in a criminal action.
     (3) "Bodily injury" means physical pain, illness, or any impairment of physical condition.
     (4) "Conduct" means an act or omission.
     (5) "Dangerous weapon" means:
     (a) any item capable of causing death or serious bodily injury; or
     (b) a facsimile or representation of the item; and:
     (i) the actor's use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or
     (ii) the actor represents to the victim verbally or in any other manner that he is in control of such an item.
     (6) "Offense" means a violation of any penal statute of this state.
     (7) "Omission" means a failure to act when there is a legal duty to act and the actor is capable of acting.
     (8) "Person" means an individual, public or private corporation, government, partnership, or unincorporated association.
     (9) "Possess" means to have physical possession of or to exercise dominion or control over tangible property.
     (10) "Serious bodily injury" means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death.
     (11) "Substantial bodily injury" means bodily injury, not amounting to serious bodily injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ.
     (12) "Writing" or "written" includes any handwriting, typewriting, printing, electronic storage or transmission, or any other method of recording information or fixing information in a form capable of being preserved.

76-3-203.   Felony conviction -- Indeterminate term of imprisonment -- Increase of sentence if dangerous weapon used.
     (1) As used in this section, "dangerous weapon" has the same definition as in Section 76-1-601.
     (2) A person who has been convicted of a felony may be sentenced to imprisonment for an indeterminate term as follows:
     (a) In the case of a felony of the first degree, for a term of not less than five years, unless otherwise specifically provided by law, and which may be for life, but if the trier of fact finds beyond a reasonable doubt that a dangerous weapon was used in the commission or furtherance of the felony, the court shall sentence the person convicted for a term of not less than six years, and which may be for life.
     (b) In the case of a felony of the second degree, for a term of not less than one year nor more than 15 years, but if the trier of fact finds beyond a reasonable doubt that a dangerous weapon was used in the commission or furtherance of the felony, the court shall sentence the person convicted for a term of not less than two years nor more than 15 years; and the court may sentence the person convicted for a term of not less than two years nor more than 20 years.
     (c) In the case of a felony of the third degree, for a term not to exceed five years, but if the trier of fact finds beyond a reasonable doubt that a dangerous weapon was used in the commission or furtherance of the felony, the court shall sentence the person convicted for a term of not less than one year nor more than five years; and the court may sentence the person convicted for a term of not less than one year nor more than ten years.
     (d) If the trier of fact finds beyond a reasonable doubt that any person who has been sentenced to a term of imprisonment for a felony in which a dangerous weapon was used in the commission of or furtherance of the felony and is subsequently convicted of another felony when a dangerous weapon was used in the commission of or furtherance of the felony shall, in addition to any other sentence imposed, be sentenced for an indeterminate term to be not less than five nor more than ten years to run consecutively and not concurrently.
 

76-3-203.1.   Offenses committed by three or more persons -- Enhanced penalties.
     (1) (a) A person who commits any offense listed in Subsection (4) is subject to an enhanced penalty for the offense as provided in Subsection (3) if the trier of fact finds beyond a reasonable doubt that the person acted in concert with two or more persons.
     (b) "In concert with two or more persons" as used in this section means the defendant was aided or encouraged by at least two other persons in committing the offense and was aware that he was so aided or encouraged, and each of the other persons:
     (i) was physically present; or
     (ii) participated as a party to any offense listed in Subsection (4).
     (c) For purposes of Subsection (1)(b)(ii):
     (i) other persons participating as parties need not have the intent to engage in the same offense or degree of offense as the defendant; and
     (ii) a minor is a party if the minor's actions would cause him to be a party if he were an adult.
     (2) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to be subscribed upon the information or indictment notice that the defendant is subject to the enhanced penalties provided under this section.
     (3) The enhanced penalty for a:
     (a) class B misdemeanor is a class A misdemeanor;
     (b) class A misdemeanor is a third degree felony;
     (c) third degree felony is a second degree felony;
     (d) second degree felony is a first degree felony;
     (e) first degree felony is an enhanced minimum term of nine years in prison; and
     (f) capital offense for which a life sentence is imposed is a minimum term of 20 years in prison.
     (4) Offenses referred to in Subsection (1) are:
     (a) any criminal violation of Title 58, Chapter 37, 37a, 37b, or 37c, regarding drug-related offenses;
     (b) assault and related offenses under Title 76, Chapter 5, Part 1;
     (c) any criminal homicide offense under Title 76, Chapter 5, Part 2;
     (d) kidnapping and related offenses under Title 76, Chapter 5, Part 3;
     (e) any felony sexual offense under Title 76, Chapter 5, Part 4;
     (f) sexual exploitation of a minor as defined in Section 76-5a-3;
     (g) any property destruction offense under Title 76, Chapter 6, Part 1;
     (h) burglary, criminal trespass, and related offenses under Title 76, Chapter 6, Part 2;
     (i) robbery and aggravated robbery under Title 76, Chapter 6, Part 3;
     (j) theft and related offenses under Title 76, Chapter 6, Part 4;
     (k) any fraud offense under Title 76, Chapter 6, Part 5, except Sections 76-6-503, 76-6-504, 76-6-505, 76-6-507, 76-6-508, 76-6-509, 76-6-510, 76-6-511, 76-6-512, 76-6-513, 76-6-514, 76-6-516, 76-6-517, 76-6-518, and 76-6-520;
     (l) any offense of obstructing government operations under Title 76, Chapter 8, Part 3, except Sections 76-8-302, 76-8-303, 76-8-304, 76-8-307, 76-8-308, and 76-8-312;
     (m) tampering with a witness or other violation of Section 76-8-508;
     (n) extortion or bribery to dismiss criminal proceeding as defined in Section 76-8-509;
     (o) any explosives offense under Title 76, Chapter 10, Part 3;
     (p) any weapons offense under Title 76, Chapter 10, Part 5;
     (q) pornographic and harmful materials and performances offenses under Title 76, Chapter 10, Part 12;
     (r) prostitution and related offenses under Title 76, Chapter 10, Part 13;
     (s) any violation of Title 76, Chapter 10, Part 15, Bus Passenger Safety Act;
     (t) any violation of Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
     (u) communications fraud as defined in Section 76-10-1801;
     (v) any violation of Title 76, Chapter 10, Part 19, Money Laundering and Currency Transaction Reporting Act; and
     (w) burglary of a research facility as defined in Section 76-10-2002.
     (5) It is not a bar to imposing the enhanced penalties under this section that the persons with whom the actor is alleged to have acted in concert are not identified, apprehended, charged, or convicted, or that any of those persons are charged with or convicted of a different or lesser offense.

76-3-203.2.   Definitions -- Use of dangerous weapon in offenses committed on or about school premises --
Enhanced penalties.
     (1) (a) As used in this section and Section 76-10-505.5, "on or about school premises" means any of the following:
     (i) in a public or private elementary, secondary, or on the grounds of any of those schools;
     (ii) in a public or private vocational school or postsecondary institution or on the grounds of any of those schools or institutions;
     (iii) in those portions of any building, park, stadium, or other structure or grounds which are, at the time of the act, being used for an activity sponsored by or through a school or institution under Subsections (1)(a)(i) and (ii);
     (iv) in or on the grounds of a preschool or child-care facility; and
     (v) within 1,000 feet of any structure, facility, or grounds included in Subsections (1)(a)(i), (ii), (iii), and (iv).
     (b) As used in this section:
     (i) "Dangerous weapon" has the same definition as in Section 76-1-601.
     (ii) "Educator" means any person who is employed by a public school district and who is required to hold a certificate issued by the State Board of Education in order to perform duties of employment.
     (iii) "Within the course of employment" means that an educator is providing services or engaging in conduct required by the educator's employer to perform the duties of employment.
     (2) Any person who, on or about school premises, commits any offense and uses or threatens to use a dangerous weapon, as defined in Section 76-1-601, in the commission of the offense is subject to an enhanced degree of offense as provided in Subsection (4).
     (3) (a) Any person who commits an offense against an educator when the educator is acting within the course of employment is subject to an enhanced degree of offense as provided in Subsection (4).
     (b) As used in Subsection (3)(a), "offense" means:
     (i) an offense under Title 76, Chapter 5, Offenses Against The Person; and
     (ii) an offense under Title 76, Chapter 6, Part 3, Robbery.
     (4) If the trier of fact finds beyond a reasonable doubt that the defendant, while on or about school premises, commits any offense and in the commission of the offense uses or threatens to use a dangerous weapon, or that the defendant committed an offense against an educator when the educator was acting within the course of his employment, the enhanced penalty for a:
     (a) class B misdemeanor is a class A misdemeanor;
     (b) class A misdemeanor is a third degree felony;
     (c) third degree felony is a second degree felony; or
     (d) second degree felony is a first degree felony.
     (5) The enhanced penalty for a first degree felony offense of a convicted person:
     (a) is imprisonment for a term of not less than five years and which may be for life, and imposition or execution of the sentence may not be suspended unless the court finds that the interests of justice would be best served and states the specific circumstances justifying the disposition on the record; and
     (b) is subject also to the dangerous weapon enhancement provided in Section 76-3-203 except for an offense committed under Subsection (3) that does not involve a firearm.
     (6) The prosecuting attorney, or grand jury if an indictment is returned, shall provide notice upon the information or indictment that the defendant is subject to the enhanced degree of offense or penalty under Subsection (4) or (5).
     (7) In cases where an offense is enhanced pursuant to Subsection (4)(a), (b), (c), or (d), or under Subsection (5)(a) for an offense committed under Subsection (2) that does not involve a firearm, the convicted person is not subject to the dangerous weapon enhancement in Section 76-3-203.

76-3-501.   Vehicle subject to forfeiture -- Seizure -- Procedure.
     (1) Any vehicle used in the commission of, attempt to commit, or flight after commission of any felony in which a firearm or other dangerous weapon as defined in Section 76-10-501, or explosive, chemical, or incendiary device or parts as defined in Section 76-10-306 is used, or any vehicle used in the commission of the illegal possession or sale of a firearm in or from the vehicle, is subject to forfeiture and no property right exists in it if the owner of the vehicle was a knowing participant in the offense or voluntarily allowed the vehicle to be used, knowing that it would probably be used tocommit the offense.
     (2) Any forfeiture of a vehicle subject to a bona fide security interest is subject to the interest of a secured party who could not have known in the exercise of reasonable diligence that a violation would or did take place in the use of thevehicle.
     (3) Vehicles subject to forfeiture under this section may be seized by any peace officer of this state upon process issued by any court having jurisdiction over the vehicle. However, seizure without process may be made when:
     (a) the seizure is incident to a lawful arrest, with or without an arrest warrant;
     (b) the vehicle is seized incident to a lawful search with or without a search warrant or an inspection under an administrative inspection warrant;
     (c) the vehicle subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding; or
     (d) the peace officer seizing the vehicle has probable cause to believe that the vehicle has been used or is intended to be used in violation of this section and the peace officer reasonably believes that the vehicle will be lost, damaged, or used in further violation of law if the officer delays seizure to obtain a warrant.
     (4) In the event of seizure under Subsection (3), proceedings under Subsection (5) shall be instituted promptly.
     (5) Any vehicle taken or detained under this section is not repleviable but is in custody of the law enforcement agency making the seizure, subject only to the orders and decrees of the court or the official having jurisdiction. When a vehicle is seized under this chapter the appropriate person or agency may:
     (a) remove the vehicle to a place designated by the court, official, or the warrant under which the vehicle was seized; or
     (b) take custody of the vehicle and remove it to an appropriate location for disposition in accordance with law.
     (6) When any vehicle is subject to forfeiture, determination for forfeiture to the state shall be made as follows:
     (a) A complaint verified on oath or affirmation shall be prepared by the county attorney, or if within a prosecution district the district attorney, where the vehicle was seized or is to be seized. The complaint shall be filed in the district court where the vehicle was seized. The complaint shall describe with reasonable particularity the:
     (i) vehicle which is the subject matter of the proceeding;
     (ii) date and place of seizure, if known; and
     (iii) allegations which constitute the basis for forfeiture.
     (b) Upon filing the complaint, the clerk of the court shall forthwith issue a warrant for the seizure of the vehicle which is the subject matter of the action and deliver it to the sheriff for service upon the seizing person or agency.
     (c) Notice of the seizure and intended forfeiture shall be filed with the county clerk, and served together with a copy of the complaint, upon all persons known to the county attorney or district attorney to have a claim in the vehicle by one of the following methods:
     (i) upon each claimant whose name and address is known, at the last known address of the claimant, or upon each owner whose right, title, or interest is of record in the Division of Motor Vehicles, by mailing a copy of the notice and complaint by certified mail to the address given upon the records of the division, which service is considered complete even though the mail is refused or cannot be forwarded; and
     (ii) upon all other claimants whose addresses are unknown, but who are believed to have an interest in the vehicle, by publication in a newspaper of general circulation in the county where the seizure was made.
     (d) Any claimant or interested party shall file with the court a verified answer to the complaint within 20 days after service has been obtained.
     (e) When a vehicle is seized under this section, any interested person or claimant of the vehicle, prior to being served with a complaint under this section, may file a petition in the court having jurisdiction for release of his interest in the vehicle. The petition shall specify the claimant's interest in the vehicle and his right to have it released. A copy shall be served upon the county attorney or, if within a prosecution district the district attorney, in the county of the seizure, who shall answer the petition within 20 days. A petitioner under this subsection need not answer a complaint of forfeiture.
     (f) After 20 days following service of a complaint or petition for release, the court shall examine the record and if no answer is on file, the court shall allow the complainant or petitioner an opportunity to present evidence in support of his claim and order forfeiture or release of the vehicle as the court determines. If the county attorney or district attorney has not filed an answer to a petition for release and the court determines from the evidence that the petitioner is not entitled to recovery of the vehicle, it shall enter an order directing the county attorney or district attorney to answer the petition within ten days. If no answer is filed within that period, the court shall order the release of the vehicle to the petitioner entitled to receive it.
     (g) When an answer to a complaint or petition appears of record at the end of 20 days, the court shall promptly set the matter for hearing. At this hearing all interested parties may present evidence of their rights of release of the vehicle following the state's evidence for forfeiture. The court shall determine by a preponderance of the evidence the issues in the case and order forfeiture or release of the vehicle as it determines.
     (h) Proceedings of this section are independent of any other proceedings, whether civil or criminal, under the laws of this state.
     (i) When the court determines that claimants have no right in the vehicle in whole or in part, it shall declare the vehicle to be forfeited and direct it to be delivered for disposition in accordance with Subsection (7).
     (j) When the court determines that the vehicle, in whole or in part, is not subject to forfeiture, it shall order release of the vehicle to the proper claimant. If the court determines that the vehicle is subject to forfeiture in part and release in part, it shall order partial release and partial forfeiture. When the vehicle cannot be divided for partial forfeiture and release, the court shall order it sold and the proceeds distributed:
     (i) first, proportionally among the legitimate claimants;
     (ii) second, to defray the costs of the action, including seizure, storage of the vehicle, legal costs of filing and pursuing the forfeiture, and costs of sale; and
     (iii) third, in accordance with Subsection (7).
     (k) In a proceeding under this section where forfeiture is declared, in whole or in part, the court shall assess all costs of the forfeiture proceeding, including seizure and storage of the vehicle, against the individual or individuals whose conduct was the basis of the forfeiture, and may assess costs against any other claimant or claimants to the vehicle as appropriate.
     (7) When any vehicle is forfeited under this section by a finding of the court that no person is entitled to recover it or that the vehicle is subject to forfeiture in part and release in part to a claimant, a court shall order that the vehicle be delivered to the seizing agency for sale as the court directs. The court shall also order that the proceeds from the sale of the vehicle be distributed in accordance with the provisions of Subsection (6)(j).
     (8) When the court orders that a vehicle be forfeited, in whole or in part, under this section, it shall direct that the proceeds from the sale of the forfeited vehicle, or part thereof, be divided or distributed as follows:
     (a) 3/4 to the agency making the seizure; and
     (b) 1/4 to the state treasurer for deposit into the General Fund.
     (9) If the vehicle is found by the court not to be subject to forfeiture, it shall be released to the owner.

76-5-102.8.   Disarming a peace officer.
     A person is guilty of a first degree felony who intentionally takes or removes, or attempts to take or remove, a firearm from the person or immediate presence of a person he knows is a peace officer:
     (1) without the consent of the peace officer; and
     (2) while the peace officer is acting within the scope of his authority as a peace officer.

76-5-103.   Aggravated assault.
     (1) A person commits aggravated assault if he commits assault as defined in Section 76-5-102 and he:
     (a) intentionally causes serious bodily injury to another; or
     (b) under circumstances not amounting to a violation of Subsection (1)(a), uses a dangerous weapon as defined in Section 76-1-601 or other means or force likely to produce death or serious bodily injury.
     (2) A violation of Subsection (1)(a) is a second degree felony.
     (3) A violation of Subsection (1)(b) is a third degree felony.

76-5-104.   Consensual altercation no defense to homicide or assault if dangerous weapon used or participants are engaged in an ultimate fighting match.
      In any prosecution for criminal homicide under Part 2 of this chapter or assault, it is no defense to the prosecution that the defendant was a party to any duel, mutual combat, or other consensual altercation if during the course of the duel, combat, or altercation any dangerous weapon as defined in Section 76-1-601 was used or if the defendant was engaged in an ultimate fighting match as defined in Section 76-9-705.

76-6-106.   Criminal mischief.
     (1) A person commits criminal mischief if the person:
     (a) under circumstances not amounting to arson, damages or destroys property with the intention of defrauding an insurer;
     (b) intentionally and unlawfully tampers with the property of another and as a result:
     (i) recklessly endangers:
     (A) human life; or
     (B) human health or safety; or
     (ii) recklessly causes or threatens a substantial interruption or impairment of:
     (A) any public utility service; or
     (B) any service or facility that provides communication with any public, private, or volunteer entity whose purpose is to respond to fire, police, or medical emergencies;
     (c) intentionally damages, defaces, or destroys the property of another; or
     (d) recklessly or willfully shoots or propels a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing.
     (2) (a) A violation of Subsection (1)(a) is a felony of the third degree.
     (b) A violation of Subsection (1)(b) is a class A misdemeanor, except that a violation of Subsection (1)(b)(i)(B) is a class B misdemeanor.
     (c) Any other violation of this section is a:
     (i) felony of the second degree if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000 in value;
     (ii) felony of the third degree if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $1,000 but is less than $5,000 in value;
     (iii) class A misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $300 but is less than $1,000 in value; and
     (iv) class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss less than $300 in value.
     (3) In determining the value of damages under this section, or for computer crimes under Section 76-6-703, the value of any computer, computer network, computer property, computer services, software, or data shall include the measurable value of the loss of use of the items and the measurable cost to replace or restore the items.

76-8-311.1.   Secure areas -- Items prohibited -- Penalty.
     (1) In addition to the definitions in Section 76-10-501, as used in this section:
     (a) "Correctional facility" has the same meaning as defined in Section 76-8-311.3.
     (b) "Explosive" has the same meaning as defined for "explosive, chemical, or incendiary device" defined in Section 76-10-306.
     (c) "Law enforcement facility" means a facility which is owned, leased, or operated by a law enforcement agency.
     (d) "Mental health facility" has the same meaning as defined in Section 62A-12-202.
     (e) (i) "Secure area" means any area into which certain persons are restricted from transporting any firearm, ammunition, dangerous weapon, or explosive.
     (ii) A "secure area" may not include any area normally accessible to the public.
     (2) A person in charge of a correctional, law enforcement, or mental health facility may establish secure areas within the facility and may prohibit or control by rule any firearm, ammunition, dangerous weapon, or explosive.
     (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) 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. The entity operating the facility shall be responsible for weapons while they are stored in the storage area.
     (5) It is a defense to any prosecution under this section that the accused, in committing the act made criminal by this section, acted in conformity with the facility's rule or policy established pursuant to this section.
     (6) (a) Any person who knowingly or intentionally transports into a secure area of a facility any firearm, ammunition, or dangerous weapon, is guilty of a third degree felony.
     (b) Any person violates Section 76-10-306 who knowingly or intentionally transports, possesses, distributes, or sells any explosive in a secure area of a facility.

76-8-311.3.   Items prohibited in correctional and mental health facilities -- Penalties.
     (1) As used in this section:
     (a) "Contraband" means any item not specifically prohibited for possession by offenders under this section or Title 58, Chapter 37, Utah Controlled Substances Act.
     (b) "Controlled substance" means any substance defined as a controlled substance under Title 58, Chapter 37, Utah Controlled Substances Act.
     (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.
     (d) "Medicine" means any prescription drug as defined in Title 58, Chapter 17a, Pharmacy Practice Act, but does not include any controlled substances as defined in Title 58, Chapter 37, Utah Controlled Substances Act.
     (e) "Mental health facility" has the same meaning as defined in Section 62A-12-202.
     (f) "Offender" means a person in custody at a correctional facility.
     (g) "Secure area" has the same meaning as provided in Section 76-8-311.1.
     (2) Notwithstanding Section 76-10-500, a correctional or mental health facility may provide by rule that no firearm, ammunition, dangerous weapon, implement of escape, explosive, controlled substance, spirituous or fermented liquor, medicine, or poison in any quantity may be:
     (a) transported to or upon a correctional or mental health facility;
     (b) sold or given away at any correctional or mental health facility;
     (c) given to or used by any offender at a correctional or mental health facility; or
     (d) knowingly or intentionally possessed at a correctional or mental health facility.
     (3) It is a defense to any prosecution under this section if the accused in committing the act made criminal by this section:
     (a) with respect to a correctional facility operated by the Department of Corrections, acted in conformity with departmental rule or policy;
     (b) with respect to a correctional facility operated by a municipality, acted in conformity with the policy of the municipality;
     (c) with respect to a correctional facility operated by a county, acted in conformity with the policy of the county; or
     (d) with respect to a mental health facility, acted in conformity with the policy of the mental health facility.
     (4) (a) Any person who transports to or upon a correctional facility, or into a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or implement of escape with intent to provide or sell it to any offender, is guilty of a second degree felony.
     (b) Any person who provides or sells to any offender at a correctional facility, or any detainee at a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or implement of escape is guilty of a second degree felony.
     (c) Any offender who possesses at a correctional facility, or any detainee who possesses at a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or implement of escape is guilty of a second degree felony.
     (d) 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.
     (e) any person violates Section 76-10-306 who knowingly or intentionally transports, possesses, distributes, or sells any explosive in a correctional facility or mental health facility.
     (5) (a) A person is guilty of a third degree felony who, without the permission of the authority operating the correctional facility or secure area of a mental health facility, knowingly transports to or upon a correctional facility or into a secure area of a mental health facility any:
     (i) spirituous or fermented liquor;
     (ii) medicine, whether or not lawfully prescribed for the offender; or
     (iii) poison in any quantity.
     (b) A person is guilty of a third degree felony who knowingly violates correctional or mental health facility policy or rule by providing or selling to any offender at a correctional facility or detainee within a secure area of a mental health facility any:
     (i) spirituous or fermented liquor;
     (ii) medicine, whether or not lawfully prescribed for the offender; or
     (iii) poison in any quantity.
     (c) An inmate is guilty of a third degree felony who, in violation of correctional or mental health facility policy or rule, possesses at a correctional facility or in a secure area of a mental health facility any:
     (i) spirituous or fermented liquor;
     (ii) medicine, other than medicine provided by the facility's health care providers in compliance with facility policy; or
     (iii) poison in any quantity.
     (d) A person is guilty of a class A misdemeanor who, without the permission of the authority operating the correctional or mental health facility, fails to declare or knowingly possesses at a correctional facility or in a secure area of a mental health facility any:
     (i) spirituous or fermented liquor;
     (ii) medicine; or
     (iii) poison in any quantity.
     (e) A person is guilty of a class B misdemeanor who, without the permission of the authority operating the facility, knowingly engages in any activity that would facilitate the possession of any contraband by an offender in a correctional facility.
     (f) Exemptions may be granted for worship for Native American inmates pursuant to Section 64-13-40.
     (6) The possession, distribution, or use of a controlled substance at a correctional facility or in a secure area of a mental health facility shall be prosecuted in accordance with Title 58, Chapter 37, Utah Controlled Substances Act.

76-8-715.   Damage or destruction of property by explosives or flammable materials. Any person who willfully and maliciously damages or destroys any building, structure, machinery, equipment, or other real or personal property owned or leased to a school or institution of higher education by the use of explosives or highly flammable materials shall be guilty of a felony of the second degree.

76-10-306.   Explosive, chemical, or incendiary device and parts -- Definitions -- Persons exempted --
Penalties.
     (1) As used in this section:
     (a) "Explosive, chemical, or incendiary device" means:
     (i) dynamite and all other forms of high explosives, including water gel, slurry, military C-4 (plastic explosives), blasting agents to include nitro-carbon-nitrate, ammonium nitrate, fuel oil mixtures, cast primers and boosters, R.D.X., P.E.T.N., electric and nonelectric blasting caps, exploding cords commonly called detonating cord, detcord, or primacord, picric acid explosives, T.N.T. and T.N.T. mixtures, nitroglycerin and nitroglycerin mixtures, or any other chemical mixture intended to explode with fire or force;
     (ii) any explosive bomb, grenade, missile, or similar device; and
     (iii) any incendiary bomb, grenade, fire bomb, chemical bomb, or similar device, including any device, except kerosene lamps, if criminal intent has not been established, which consists of or includes a breakable container including a flammable liquid or compound and a wick composed of any material which, when ignited, is capable of igniting the flammable liquid or compound or any breakable container which consists of, or includes a chemical mixture that explodes with fire or force and can be carried, thrown, or placed.
     (b) "Explosive, chemical, or incendiary device" shall not include rifle, pistol, or shotgun ammunition, reloading components, or muzzleloading equipment.
     (c) "Explosive, chemical, or incendiary parts" means any substances or materials or combinations which have been prepared or altered for use in the creation of an explosive, chemical, or incendiary device. These substances or materials include:
     (i) timing device, clock, or watch which has been altered in such a manner as to be used as the arming device in an explosive;
     (ii) pipe, end caps, or metal tubing which has been prepared for a pipe bomb; and
     (iii) mechanical timers, mechanical triggers, chemical time delays, electronic time delays, or commercially made or improvised items which, when used singly or in combination, may be used in the construction of a timing delay mechanism, booby trap, or activating mechanism for any explosive, chemical, or incendiary device.
     (d) "Explosive, chemical, or incendiary parts" shall not include rifle, pistol, or shotgun ammunition, or any signaling device customarily used in operation of railroad equipment.
     (2) The provisions in Subsections (3) and (6) shall not apply to:
     (a) any public safety officer while acting in his official capacity transporting or otherwise handling explosives, chemical, or incendiary devices;
     (b) any member of the armed forces of the United States or Utah National Guard while acting in his official capacity;
     (c) any person possessing a valid permit issued under the provisions of Uniform Fire Code, Article 77, or any employee of such permittee acting within the scope of his employment;
     (d) any person possessing a valid license as an importer, wholesaler, or display operator under the provisions of Sections 11-3-3.5 and 53-7-223; and
     (e) any person or entity possessing or controlling an explosive, chemical, or incendiary device as part of its lawful business operations.
     (3) Any person who knowingly, intentionally, or recklessly possesses or controls an explosive, chemical, or incendiary device is guilty of a felony of the second degree.
     (4) Any person is guilty of a first degree felony who knowingly or intentionally:
     (a) uses or causes to be used an explosive, chemical, or incendiary device in the commission of or an attempt to commit a felony;
     (b) injures another or attempts to injure another in his person or property through the use of an explosive, chemical, or incendiary device; or
     (c) transports, possesses, distributes, or sells any explosive, chemical, or incendiary device in a secure area established pursuant to Section 76-8-311.1, 76-8-311.3, 76-10-529, or 78-7-6.
     (5) Any person who knowingly, intentionally, or recklessly removes or causes to be removed or carries away any explosive, chemical, or incendiary device from the premises where said explosive, chemical, or incendiary device is kept by the lawful user, vendor, transporter, or manufacturer without the consent or direction of the lawful possessor is guilty of a felony of the second degree.
     (6) Any person who knowingly, intentionally, or recklessly possesses any explosive, chemical, or incendiary parts is guilty of a felony of the third degree.

76-10-501.   Definitions.
     As used in this part:
     (1) (a) "Concealed dangerous weapon" means a dangerous weapon that is covered, hidden, or secreted in a manner that the public would not be aware of its presence and is readily accessible for immediate use.
     (b) A dangerous weapon shall not be considered a concealed dangerous weapon if it is a firearm which is unloaded and is securely encased.
     (2) "Criminal history background check" means a criminal background check conducted by a licensed firearms dealer on every purchaser of a handgun through the division or the local law enforcement agency where the firearms dealer conducts business.
     (3) (a) "Dangerous weapon" means any item that in the manner of its use or intended use is capable of causing death or serious bodily injury. The following factors shall be used in determining whether a knife, or any other item, object, or thing not commonly known as a dangerous weapon is a dangerous weapon:
     (i) the character of the instrument, object, or thing;
     (ii) the character of the wound produced, if any;
     (iii) the manner in which the instrument, object, or thing was used; and
     (iv) the other lawful purposes for which the instrument, object, or thing may be used.
     (b) "Dangerous weapon" does not include any explosive, chemical, or incendiary device as defined by Section 76-10-306.
     (4) "Dealer" means every person who is licensed under crimes and criminal procedure, 18 U.S.C. 923 and engaged in the business of selling, leasing, or otherwise transferring a handgun, whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
     (5) "Division" means the Criminal Investigations and Technical Services Division of the Department of Public Safety, created in Section 53-10-103.
     (6) "Enter" means intrusion of the entire body.
     (7) "Firearm" means a pistol, revolver, shotgun, sawed-off shotgun, rifle or sawed-off rifle, or any device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive.
     (8) "Firearms transaction record form" means a form created by the division to be completed by a person purchasing, selling, or transferring a handgun from a dealer in the state.
     (9) "Fully automatic weapon" means any firearm which fires, is designed to fire, or can be readily restored to fire, automatically more than one shot without manual reloading by a single function of the trigger.
     (10) "Handgun" means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches.
     (11) "House of worship" means a church, temple, synagogue, mosque, or other building set apart primarily for the purpose of worship in which religious services are held and the main body of which is kept for that use and not put to any other use inconsistent with its primary purpose.
     (12) "Prohibited area" means any place where it is unlawful to discharge a firearm.
     (13) "Readily accessible for immediate use" means that a firearm or other dangerous weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as readily as if carried on the person.
     (14) "Residence" means an improvement to real property used or occupied as a primary or secondary residence.
     (15) "Sawed-off shotgun" or "sawed-off rifle" means a shotgun having a barrel or barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or barrels of fewer than 16 inches in length, or any dangerous weapon made from a rifle or shotgun by alteration, modification, or otherwise, if the weapon as modified has an overall length of fewer than 26 inches.
     (16) "Securely encased" means not readily accessible for immediate use, such as held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other storage area of a motor vehicle, not including a glove box or console box.
     (17) "State entity" means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state.
     (18) "Violent felony" means the same as defined in Section 76-3-203.5.

76-10-502.   When weapon deemed loaded.
(1) For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position.
     (2) Pistols and revolvers shall also be deemed to be loaded when an unexpended cartridge, shell, or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired.
     (3) A muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.

76-10-503.   Purchase or possession of dangerous weapon, firearm, or explosive -- Persons not permitted to have -- Penalties.
     (1) For purposes of this section:
     (a) A Category I restricted person is a person who:
     (i) has been convicted of any violent felony as defined in Section 76-3-203.5;
     (ii) is on probation or parole for any felony;
     (iii) is on parole from a secure facility as defined in Section 62A-7-101; or
     (iv) within the last ten years has been adjudicated delinquent for an offense which if committed by an adult would have been a violent felony as defined in Section 76-3-203.5.
     (b) A Category II restricted person is a person who:
     (i) has been convicted of or is under indictment for any felony;
     (ii) within the last seven years has been adjudicated delinquent for an offense which if committed by an adult would have been a felony;
     (iii) is an unlawful user of a controlled substance as defined in Section 58-37-2;
     (iv) is in possession of a dangerous weapon and is knowingly and intentionally in unlawful possession of a Schedule I controlled substance as defined in Section 58-37-2;
     (v) has been found not guilty by reason of insanity for a felony offense;
     (vi) has been found mentally incompetent to stand trial for a felony offense;
     (vii) has been adjudicated as mentally defective as provided in the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed to a mental institution;
     (viii) is an alien who is illegally or unlawfully in the United States;
     (ix) has been dishonorably discharged from the armed forces; or
     (x) has renounced his citizenship after having been a citizen of the United States.
     (2) A Category I restricted person who purchases, transfers, possesses, uses, or has under his custody or control:
     (a) any firearm is guilty of a second degree felony; or
     (b) any dangerous weapon other than a firearm is guilty of a third degree felony.
     (3) A Category II restricted person who purchases, transfers, possesses, uses, or has under his custody or control:
     (a) any firearm is guilty of a third degree felony; or
     (b) any dangerous weapon other than a firearm is guilty of a class A misdemeanor.
     (4) A person may be subject to the restrictions of both categories at the same time.
     (5) If a higher penalty than is prescribed in this section is provided in another section for one who purchases, transfers, possesses, uses, or has under this custody or control any dangerous weapon, the penalties of that section control.

76-10-504.   Carrying concealed dangerous weapon -- Penalties.
     (1) Except as provided in Section 76-10-503 and in Subsections (2) and (3):
     (a) a person who carries a concealed dangerous weapon, as defined in Section 76-10-501, which is not a firearm on his person or one that is readily accessible for immediate use which is not securely encased, as defined in this part, in a place other than his residence, property, or business under his control is guilty of a class B misdemeanor; and
     (b) a person without a valid concealed firearm permit who carries a concealed dangerous weapon which is a firearm and that contains no ammunition is guilty of a class B misdemeanor, but if the firearm contains ammunition the person is guilty of a class A misdemeanor.
     (2) A person who carries concealed a sawed-off shotgun or a sawed-off rifle is guilty of a second degree felony.
     (3) If the concealed firearm is used in the commission of a violent felony as defined in Section 76-3-203.5, and the person is a party to the offense, the person is guilty of a second degree felony.
     (4) Nothing in Subsection (1) shall prohibit a person engaged in the lawful taking of protected or unprotected wildlife as defined in Title 23, Wildlife Resources Code, from carrying a concealed weapon or a concealed firearm with a barrel length of four inches or greater as long as the taking of wildlife does not occur:
     (a) within the limits of a municipality in violation of that municipality's ordinances; or
     (b) upon the highways of the state as defined in Section 41-6-1.

76-10-505.   Carrying loaded firearm in vehicle or on street. (1) Unless otherwise authorized by law, a person may not carry a loaded firearm:
     (a) in or on a vehicle;
     (b) on any public street; or
     (c) in a posted prohibited area.
     (2) A violation of this section is a class B misdemeanor.

76-10-505.5.   Possession of a dangerous weapon, firearm, or sawed-off shotgun on or about school
premises -- Penalties.
     (1) A person may not possess any dangerous weapon, firearm, or sawed-off shotgun, as those terms are defined in Section 76-10-501, at a place that the person knows, or has reasonable cause to believe, is on or about school premises.
     (2) (a) Possession of a dangerous weapon on or about school premises is a class B misdemeanor.
     (b) Possession of a firearm or sawed-off shotgun on or about school premises is a class A misdemeanor.
     (3) This section applies to any person, except persons authorized to possess a firearm as provided under Sections 53-5-704, 53-5-705, 53A-3-502, 76-10-511, 76-10-523, Subsection 76-10-504(2), and as otherwise authorized by law.
     (4) This section does not prohibit prosecution of a more serious weapons offense that may occur on or about school premises.

76-10-506.   Threatening with or using dangerous weapon in fight or quarrel. Every person, except those persons described in Section 76-10-503, who, not in necessary self defense in the presence of two or more persons, draws or exhibits any dangerous weapon in an angry and threatening manner or unlawfully uses the same in any fight or quarrel is guilty of a class A misdemeanor.

76-10-507.   Possession of deadly weapon with intent to assault. Every person having upon his person any dangerous weapon with intent to unlawfully assault another is guilty of a class A misdemeanor.

76-10-508.   Discharge of firearm from a vehicle, near highway, or in direction of any person, building, or vehicle -- Penalties.
     (1) (a) A person may not discharge any kind of dangerous weapon or firearm:
     (i) from an automobile or other vehicle;
     (ii) from, upon, or across any highway;
     (iii) at any road signs placed upon any highways of the state;
     (iv) at any communications equipment or property of public utilities including facilities, lines, poles, or devices of transmission or distribution;
     (v) at railroad equipment or facilities including any sign or signal;
     (vi) within Utah State Park buildings, designated camp or picnic sites, overlooks, golf courses, boat ramps, and developed beaches; or
     (vii) without written permission to discharge the dangerous weapon from the owner or person in charge of the property within 600 feet of:
     (A) a house, dwelling, or any other building; or
     (B) any structure in which a domestic animal is kept or fed, including a barn, poultry yard, corral, feeding pen, or stockyard.
     (b) It shall be a defense to any charge for violating this section that the person being accused had actual permission of the owner or person in charge of the property at the time in question.
     (2) A violation of any provision of this section is a class B misdemeanor unless the actor discharges a firearm under any of the following circumstances not amounting to criminal homicide or attempted criminal homicide, in which case it is a third degree felony and the convicted person shall be sentenced to an enhanced minimum term of three years in prison:
     (a) the actor discharges a firearm in the direction of any person or persons, knowing or having reason to believe that any person may be endangered;
     (b) the actor, with intent to intimidate or harass another or with intent to damage a habitable structure as defined in Subsection 76-6-101(2), discharges a firearm in the direction of any building; or
     (c) the actor, with intent to intimidate or harass another, discharges a firearm in the direction of any vehicle.
     (3) This section does not apply to a person:
     (a) who discharges any kind of firearm when that person is in lawful defense of self or others; or
     (b) who is performing official duties as provided in Sections 23-20-1.5 and 76-10-523 and as otherwise provided by law.

76-10-509.   Possession of dangerous weapon by minor. (1) A minor under 18 years of age may not possess a dangerous weapon unless he:
     (a) has the permission of his parent or guardian to have the weapon; or
     (b) is accompanied by a parent or guardian while he has the weapon in his possession.
     (2) Any minor under 14 years of age in possession of a dangerous weapon shall be accompanied by a responsible adult.
     (3) Any person who violates this section is guilty of:
     (a) a class B misdemeanor upon the first offense; and
     (b) a class A misdemeanor for each subsequent offense.

76-10-509.4.   Prohibition of possession of certain weapons by minors.
     (1) A minor under 18 years of age may not possess a handgun.
     (2) Except as provided by federal law, a minor under 18 years of age may not possess the following:
     (a) a sawed-off rifle or sawed-off shotgun; or
     (b) a fully automatic weapon.
     (3) Any person who violates Subsection (1) is guilty of:
     (a) a class B misdemeanor upon the first offense; and
     (b) a class A misdemeanor for each subsequent offense.
     (4) Any person who violates Subsection (2) is guilty of a third degree felony.

76-10-509.5.   Penalties for providing certain weapons to a minor. (1) Any person who provides a handgun to a minor when the possession of the handgun by the minor is a violation of Section 76-10-509.4 is guilty of:
     (a) a class B misdemeanor upon the first offense; and
     (b) a class A misdemeanor for each subsequent offense.
     (2) Any person who transfers in violation of applicable state or federal law a sawed-off rifle, sawed-off shotgun, or fully automatic weapon to a minor is guilty of a third degree felony.

76-10-509.6.   Parent or guardian providing firearm to violent minor. (1) A parent or guardian may not intentionally or knowingly provide a firearm to, or permit the possession of a firearm by, any minor who has been convicted of a crime of violence or any minor who has been adjudicated in juvenile court for an offense which would constitute a crime of violence if the minor were an adult.
     (2) Any person who violates this section is guilty of:
     (a) a class A misdemeanor upon the first offense; and
     (b) a third degree felony for each subsequent offense.

76-10-509.7.   Parent or guardian knowing of minor's possession of dangerous weapon. Any parent or guardian of a minor who knows that the minor is in possession of a dangerous weapon in violation of Section 76-10-509 or a firearm in violation of Section 76-10-509.4 and fails to make reasonable efforts to remove the firearm from the minor's possession is guilty of a class B misdemeanor.

76-10-509.9.   Sales of firearms to juveniles. (1) A person may not sell any firearm to a minor under 18 years of age unless the minor is accompanied by a parent or guardian.
     (2) Any person who violates this section is guilty of a third degree felony.

76-10-511.   Possession of loaded weapon at residence authorized. Except for persons described in Section 76-10-503, a person may have a loaded firearm at his place of residence, including any temporary residence or camp.

76-10-512.   Target concessions, shooting ranges, competitions, and hunting excepted from prohibitions.
The provisions of Section 76-10-509 and Subsection 76-10-509.4(1) regarding possession of handguns by minors shall not apply to any of the following:
     (1) Patrons firing at lawfully operated target concessions at amusement parks, piers, and similar locations provided that the firearms to be used are firmly chained or affixed to the counters.
     (2) Any person in attendance at a hunter's safety course or a firearms safety course.
     (3) Any person engaging in practice or any other lawful use of a firearm at an established range or any other area where the discharge of a firearm is not prohibited by state or local law.
     (4) Any person engaging in an organized competition involving the use of a firearm, or participating in or practicing for such competition.
     (5) Any minor under 18 years of age who is on real property with the permission of the owner, licensee, or lessee of the property and who has the permission of a parent or legal guardian or the owner, licensee, or lessee to possess a firearm not otherwise in violation of law.
     (6) Any resident or nonresident hunters with a valid hunting license or other persons who are lawfully engaged in hunting.
     (7) Any person traveling to or from any activity described in Subsection (2), (3), (4), (5), or (6) with an unloaded firearm in his possession.

76-10-520.   Number or mark assigned to pistol or revolver by Department of Public Safety. The Department of Public Safety upon request may assign a distinguishing number or mark of identification to any pistol or revolver whenever it is without a manufacturer's number, or other mark of identification or whenever the manufacturer's number or other mark of identification or the distinguishing number or mark assigned by the Department of Public Safety has been destroyed or obliterated.

76-10-521.   Unlawful marking of pistol or revolver. (1) Any person who places or stamps on any pistol or revolver any number except one assigned to it by the Department of Public Safety is guilty of a class A misdemeanor.
     (2) This section does not prohibit restoration by the owner of the name of the maker, model, or of the original manufacturer's number or other mark of identification when the restoration is authorized by the Department of Public Safety, nor prevent any manufacturer from placing in the ordinary course of business the name of the make, model, manufacturer's number, or other mark of identification upon a new pistol or revolver.

76-10-522.   Alteration of number or mark on pistol or revolver. Any person who changes, alters, removes, or obliterates the name of the maker, the model, manufacturer's number, or other mark of identification, including any distinguishing number or mark assigned by the Department of Public Safety, on any pistol or revolver, without first having secured written permission from the Department of Public Safety to make the change, alteration, or removal, is guilty of a class A misdemeanor.

76-10-523.   Persons exempt from weapons laws.
     (1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to any of the following:
     (a) a United States marshal while engaged in the performance of his official duties;
     (b) a federal official required to carry a firearm while engaged in the performance of his official duties;
     (c) a peace officer of this or any other jurisdiction while engaged in the performance of his official duties;
     (d) a law enforcement official as defined and qualified under Section 53-5-711;
     (e) a judge as defined and qualified in Section 53-5-711;
     (f) a common carrier while engaged in the regular and ordinary transport of firearms as merchandise; or
     (g) a nonresident traveling in or through the state, provided that any firearm is:
     (i) unloaded; and
     (ii) securely encased as defined in Section 76-10-501.
     (2) The provisions of Subsections 76-10-504(1)(a), (1)(b), and Section 76-10-505 do not apply to any person to whom a permit to carry a concealed firearm has been issued:
     (a) pursuant to Section 53-5-704; or
     (b) by another state whose requirements for issuance of a concealed firearm permit have been determined annually by the Department of Public Safety to meet or exceed the requirements for issuance of a concealed firearm permit in this state

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 Weapons, shall comply with any rule established for secure facilities pursuant to Sections 76-8-311.1, 76-8-311.3, and 78-7-6 and shall be subject to any penalty provided in those sections.

76-10-524.   Purchase of firearms in contiguous states pursuant to federal law. This part will allow purchases of firearms and ammunition by residents in contiguous states pursuant to the Federal Fire Arms Gun Control Act of 1968, section 922, paragraph B, no. 3.

76-10-525.   Disposition of weapons after use for court purposes. All police departments and/or sheriff's departments which have in their possession a weapon after it has been used for court purposes shall determine the true owner of the weapon and return it to him; however, if unable to determine the true owner of the weapon, or if the true owner is the person committing the crime for which the weapon was used as evidence, the department shall confiscate it and it shall revert to that agency for their use and/or disposal as the head of the department determines.

76-10-526.   Criminal background check prior to purchase of a firearm  -- Fee -- Exemption for concealed firearm permit holders.
     (1) A criminal background check required by this section shall only apply to the purchase of a handgun until federal law requires the background check to extend to other firearms.
     (2) At the time that federal law extends the criminal background check requirement to other firearms, the division shall make rules to extend the background checks required under this section to the other firearms.
     (3) For purposes of this section, "valid permit to carry a concealed firearm" does not include a temporary permit issued pursuant to Section 53-5-705.
     (4) To establish personal identification and residence in this state for purposes of this part, a dealer shall require any person receiving a firearm to present:
     (a) one photo identification on a form issued by a governmental agency of the state; and
     (b) one other documentation of residence which must show an address identical to that shown on the photo identification form.
     (5) A criminal history background check is required for the sale of a firearm by a licensed firearm dealer in the state.
     (6) Any person, except a dealer, purchasing a firearm from a dealer shall consent in writing to a criminal background check, on a form provided by the division. The form shall also contain the following information:
     (a) the dealer identification number;
     (b) the name and address of the person receiving the firearm;
     (c) the date of birth, height, weight, eye color, and hair color of the person receiving the firearm; and
     (d) the Social Security number or any other identification number of the person receiving the firearm.
     (7) (a) The dealer shall send the form required by Subsection (6) to the division immediately upon its completion.
     (b) No dealer shall sell or transfer any firearm to any person until the dealer has provided the division with the information in Subsection (6) and has received approval from the division under Subsection (9).
     (8) The dealer shall make a request for criminal history background information by telephone or other electronic means to the division and shall receive approval or denial of the inquiry by telephone or other electronic means.
     (9) When the dealer calls for or requests a criminal history background check, the division shall:
     (a) review the criminal history files, including juvenile court records, to determine if the person is prohibited from purchasing, possessing, or transferring a firearm by state or federal law;
     (b) inform the dealer that:
     (i) the records indicate the person is so prohibited; or
     (ii) the person is approved for purchasing, possessing, or transferring a firearm;
     (c) provide the dealer with a unique transaction number for that inquiry; and
     (d) provide a response to the requesting dealer during the call for a criminal background, or by return call, or other electronic means, without delay, except in case of electronic failure or other circumstances beyond the control of the division, the division shall advise the dealer of the reason for the delay and give the dealer an estimate of the length of the delay.
     (10) The division shall not maintain any records of the criminal history background check longer than 20 days from the date of the dealer's request if the division determines that the person receiving the gun is not prohibited from purchasing, possessing, or transferring the firearm under state or federal law. However, the division shall maintain a log of requests containing the dealer's federal firearms number, the transaction number, and the transaction date for a period of 12 months.
     (11) If the criminal history background check discloses information indicating that the person attempting to purchase the firearm is prohibited from purchasing, possessing, or transferring a firearm, the division shall inform the law enforcement agency in the jurisdiction where the person resides.
     (12) If a person is denied the right to purchase a firearm under this section, the person may review his criminal history information and may challenge or amend the information as provided in Section 53-10-108.
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