Utah Laws Related to Firearms and Weapons
(as of November 30, 2000)

      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

 

Utah Laws Related to Firearms and Weapons
(as of November 30, 2000)
Listed in Numerical Sequence
Complete text of Utah code is available at http://www.le.state.ut.us/%7Ecode/code.htm



Title 10    Utah Municipal Code
10-8-47.   Intoxication -- Fights -- Disorderly conduct -- Assault and battery -- Petit larceny -- Riots and
disorderly assemblies -- Firearms and fireworks -- False pretenses and embezzlement -- Sale of liquor,
narcotics or tobacco to minors -- Possession of controlled substances -- Treatment of alcoholics and narcotics or drug addicts. They may prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights, bullfights, and all disorderly conduct and provide against and punish the offenses of assault and battery and petit larceny; they may restrain riots, routs, noises, disturbances or disorderly assemblies in any street, house or place in the city; they may regulate and prevent the discharge of firearms, rockets, powder, fireworks or any other dangerous or combustible material; they may provide against and prevent the offense of obtaining money or property under false pretenses and the offense of embezzling money or property in all cases where the money or property embezzled or obtained under false pretenses does not exceed in value the sum of $100 and may prohibit the sale, giving away or furnishing of intoxicating liquors or narcotics, or of tobacco to any person under twenty-one years of age; cities may, by ordinance, prohibit the possession of
controlled substances as defined in the Utah Controlled Substances Act, provided the conduct is not a class A misdemeanor or felony, and provide for treatment of alcoholics, narcotic addicts and other persons who are addicted to the use of drugs or intoxicants such that they substantially lack the capacity to control their use of the drugs or intoxicants, and judicial supervision may be imposed as a means of effecting their rehabilitation.

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