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S.B. 24
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WEAPONS AMENDMENTS
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2006 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Mark B. Madsen
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House Sponsor:
____________
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LONG TITLE
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General Description:
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This bill modifies provisions of the Utah Criminal Code dealing with the possession
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and carrying of weapons.
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Highlighted Provisions:
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This bill:
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. creates an exception to penalty provisions related to the carrying of a concealed
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dangerous weapon, which is not a firearm, to include carrying a concealed
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dangerous weapon in or on a vehicle lawfully under a person's control;
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. removes the prohibition from carrying a loaded firearm in or on a vehicle,
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conditioned on the vehicle being lawfully under the person's control; and
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. provides that a person may have a loaded firearm at the person's residence, on the
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person's property, in or on a vehicle legally under the person's control, and at a
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business under the person's control.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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76-10-504, as last amended by Chapter 2, Laws of Utah 2005
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76-10-505, as last amended by Chapter 328, Laws of Utah 1990
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76-10-511, as last amended by Chapter 234, Laws of Utah 1993
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-10-504
is amended to read:
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76-10-504. Carrying concealed dangerous weapon -- Penalties.
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(1) Except as provided in Section
76-10-503
and in Subsections (2) and (3):
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(a) a person who carries a concealed dangerous weapon, as defined in Section
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76-10-501
, which is not a firearm on his person or one that is readily accessible for immediate
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use which is not securely encased, as defined in this part, in or on a place other than [his] the
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person's residence, property, a vehicle in the person's lawful possession, or a vehicle under the
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person's lawful control, or in or on a vehicle with the consent of the person lawfully in control
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or possession of the vehicle, or business under [his] the person's control is guilty of a class B
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misdemeanor; and
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(b) a person without a valid concealed firearm permit who carries a concealed
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dangerous weapon in or on a place other than the person's residence, property, a vehicle in the
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person's lawful possession, a vehicle under the person's lawful control, or in or on a vehicle
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with the consent of the person lawfully in control or possession of the vehicle, or business
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under the person's control, which is a firearm and that contains no ammunition is guilty of a
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class B misdemeanor, but if the firearm contains ammunition the person is guilty of a class A
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misdemeanor.
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(2) A person who carries concealed a sawed-off shotgun or a sawed-off rifle is guilty of
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a second degree felony.
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(3) If the concealed firearm is used in the commission of a violent felony as defined in
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Section
76-3-203.5
, and the person is a party to the offense, the person is guilty of a second
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degree felony.
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(4) Nothing in Subsection (1) [shall prohibit] prohibits a person engaged in the lawful
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taking of protected or unprotected wildlife as defined in Title 23, Wildlife Resources Code,
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from carrying a concealed weapon or a concealed firearm with a barrel length of four inches or
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greater as long as the taking of wildlife does not occur:
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(a) within the limits of a municipality in violation of that municipality's ordinances; or
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(b) upon the highways of the state as defined in Section
41-6a-102
.
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Section 2.
Section
76-10-505
is amended to read:
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76-10-505. Carrying loaded firearm in a vehicle, on a street, or in a posted
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prohibited area.
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(1) Unless otherwise authorized by law, a person may not carry a loaded firearm:
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(a) in or on a vehicle, unless the vehicle is in the person's lawful possession or under
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the person's lawful control, or the person is carrying a loaded firearm in a vehicle with the
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consent of the person lawfully in control or possession of the vehicle;
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(b) on [any] a public street; or
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(c) in a posted prohibited area.
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(2) A violation of this section is a class B misdemeanor.
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Section 3.
Section
76-10-511
is amended to read:
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76-10-511. Possession of loaded weapon authorized at specific locations.
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Except for persons described in Section
76-10-503
, a person may have a loaded and/or
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concealed firearm:
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(1) at [his] the person's place of residence, including any temporary residence or
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camp[.];
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(2) on the person's property;
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(3) in or on a vehicle lawfully in the person's lawful possession, or a vehicle under the
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person's lawful control, or a vehicle with the consent of the person lawfully in control or
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possession of the vehicle; or
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(4) at a business under the person's control.
Legislative Review Note
as of 11-10-05 10:47 AM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.
Office of Legislative Research and General Counsel
Interim Committee Note
as of 12-22-05 9:03 AM
The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
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