Dangerous Weapon Amendments

33
53-5a-102.2
53H-3-902
76-11-205
76-11-205.5
53-5a-102.2
53H-3-902
76-11-205
76-11-205.5
1
Dangerous Weapon Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Walt Brooks
Senate Sponsor: Don L. Ipson
LONG TITLE
General Description:
This bill addresses the carrying of dangerous weapons at an institution of higher education.
Highlighted Provisions:
This bill:
allows an individual 21 years old or older to conceal a dangerous weapon at an institution
of higher education without a concealed carry permit;
amends the offense of carrying a dangerous weapon at an institution of higher education
by:
renaming the offense to "Openly carrying a dangerous weapon at an institution of
higher education";
removing private institutions of higher education from locations where the offense is
applicable; and
prohibiting an individual, including an individual with any type of concealed carry
permit, from openly carrying a dangerous weapon at an institution of higher
education unless the individual is lawfully responding to an active threat;
clarifies that an individual 18 years old or older but younger than 21 years old may carry,
in an open manner, an unloaded firearm in any public location not prohibited by state
statute or federal law;
clarifies that an individual who has a concealed carry permit that allows the individual to
carry on the grounds of an elementary school or secondary school may not open carry a
dangerous weapon on the grounds of an elementary school or secondary school unless
the individual is lawfully responding to an active threat;
and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-5a-102.2
, as enacted by Laws of Utah 2025, Chapter 208
53H-3-902
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 8
76-11-205
, as renumbered and amended by Laws of Utah 2025, Chapters 173, 208
76-11-205.5
, as enacted by Laws of Utah 2025, Chapter 208
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53-5a-102.2
is amended to read:
53-5a-102.2
. Open and concealed carry of a firearm outside of an individual's
residence.
(1)
To effectuate the Second Amendment to the United States Constitution and Utah
Constitution, Article I, Section 6, that prohibit the infringement of the right of the people
of Utah to keep and bear arms for security and defense of self, family, others, property,
or the state, as well as for other lawful purposes, and consistent with the Legislature's
ability to define the lawful use of arms:
(a)
subject to Subsections
(2)(a)
and (b), an individual 18 years old or older but younger
than 21 years old without a provisional
concealed
carry permit issued under Section
53-5a-305
and who may otherwise lawfully possess firearms,
may only carry in an
open manner:
(i)
an unloaded rifle, shotgun, or muzzle-loading rifle in a vehicle in which the
individual is lawfully present;
(ii)
an unloaded or loaded handgun in a vehicle in which the individual is lawfully
present; and
(iii)
an unloaded firearm that the individual may otherwise lawfully carry
,
:
(A)

on a public street
; or
(B)
in any other public location not prohibited by, or in accordance with, state
statute or federal law
;
(b)
subject to
Subsections
(2)(a)
and
(b)
,
Subsection
(2)(b)
,
an individual 21 years old
or older
who may otherwise lawfully possess firearms,
may open or conceal carry,
without a conceal carry permit:
(i)
an unloaded or loaded firearm:
(A)
on a public street; or
(B)
in any other place not prohibited by, or pursuant to, state statute or federal law;
(ii)
an unloaded or loaded handgun in a vehicle in which the individual is lawfully
present; and
(iii)
an unloaded rifle, shotgun, or muzzle-loading rifle in a vehicle in which the
individual is lawfully present; and
(c)
subject to Subsections
(2)(c)
and
(d)
, an individual 18 years old or older with a
concealed carry permit issued under Section
53-5a-303
, a temporary concealed carry
permit issued under Section
53-5a-304
, a provisional concealed carry permit issued
under Section
53-5a-305
, or a concealed carry permit lawfully issued by or in another
state,
who may otherwise lawfully possess firearms,
may open or conceal carry a
loaded or unloaded firearm:
(i)
in a vehicle in which the individual is lawfully present;
(ii)
on a public street; or
(iii)
in any other place not prohibited by, or pursuant to, state statute or federal law.
(2)
(a)
An individual
openly carrying a firearm
18 years old or older but younger than
21 years old
under Subsection
(1)(a)

or (b)
without a
provisional
concealed carry
permit
issued under Section
53-5a-305
may not carry
the
a
firearm
in any manner
:
(i)
in a secure area established in accordance with Section
76-8-311.1
in which
dangerous weapons are prohibited and notice of the prohibition is posted;
(ii)
on or about the premises of a public or private elementary school or secondary
school as described in Section
76-11-205
;
(iii)
on or about the premises of an institution of higher education as described in
Section
76-11-205.5
;
(iv)
on or about the premises of a daycare as described in Section
76-11-206
;
(v)
in an airport secure area as described in Section
76-11-218
;
(vi)
in a house of worship or in any private residence where dangerous weapons are
prohibited as described in Section
76-11-219
; or
(vii)
in any other place prohibited by, or pursuant to, another state statute or federal
law.
(b)
An individual 21 years old or older
concealing a firearm
without a concealed carry
permit under Subsection
(1)(b)
may not
:
(i)

carry
the
a
firearm
in any manner
:
(i)
(A)
in a secure area established in accordance with Section
76-8-311.1
in
which dangerous weapons are prohibited and notice of the prohibition is posted;
(ii)
(B)
on or about the school premises of a public or private elementary school
or secondary school as described in Section
76-11-205
;
(iii)
on or about the premises of an institution of higher education as described in
Section
76-11-205.5
;
(iv)
(C)
on or about a daycare premises as described in Section
76-11-206
;
(v)
(D)
in an airport secure area as described in Section
76-11-218
;
(vi)
(E)
in a house of worship or in any private residence where dangerous
weapons are prohibited as described in Section
76-11-219
; or
(vii)
(F)
in any other place prohibited by, or pursuant to, another state statute or
federal law
.
; or
(ii)
openly carry a firearm, unless lawfully responding to an active threat in
accordance with Section
76-2-402
,
76-2-405
, or
76-2-407
, on or about the
premises of an institution of higher education as described in Section
76-11-205.5
.
(c)
Subject to Subsection
(2)(d)
, an individual with a concealed carry permit under
Subsection
(1)(c)
may not

:
(i)
carry
the
a
firearm in any manner:
(i)
(A)
in a secure area established in accordance with Section
76-8-311.1
in
which dangerous weapons are prohibited and notice of the prohibition posted;
(ii)
(B)
in an airport secure area as described in Section
76-11-218
;
(iii)
(C)
in a house of worship or in any private residence where dangerous
weapons are prohibited as described in Section
76-11-219
; or
(iv)
(D)
in any other place prohibited by, or pursuant to, another state statute or
federal law
.
; or
(ii)
openly carry a firearm, unless lawfully responding to an active threat in
accordance with Section
76-2-402
,
76-2-405
, or
76-2-407
:
(A)
on or about the premises of a public or private elementary school or secondary
school as described in Section
76-11-205
; or
(B)
on or about the premises of an institution of higher education as described in
Section
76-11-205.5
.
(d)
In addition to the
locations
restrictions
described in Subsection
(2)(c)
:
(i)
an individual 18 years old but younger than 21 years old with a provisional
concealed carry permit under Section
53-5a-304
may not carry
the
a
firearm in
any manner on or about the premises of a public or private elementary school or
secondary school as described in Section
76-11-205
; and
(ii)
an individual
concealing a firearm only
with
only
a concealed carry permit
lawfully issued by or in another state may not carry
the
a
firearm in any manner:
(A)
on or about the premises of a public or private elementary school or secondary
school as described in Section
76-11-205
;
or
(B)
on or about the premises of an institution of higher education as described in
Section
76-11-205.5
; or
(C)
(B)
on or about the premises of a daycare as described in Section
76-11-206
.
(3)
This section does not prohibit:
(a)
the owner or lawful possessor of a vehicle from prohibiting another individual from
carrying a firearm in the owner or lawful possessor's vehicle; or
(b)
except as provided in Section
53-5a-102.3
, the owner or lawful lessee of private real
property from prohibiting another individual from possessing a firearm on the
property.
(4)
An individual is lawfully present in a vehicle while carrying a firearm under this section
if:
(a)
the vehicle is in the lawful possession of the individual; or
(b)
the individual has the consent of the person lawfully in possession of the vehicle to
carry the firearm in the vehicle.
Section 2. Section
53H-3-902
is amended to read:
53H-3-902
. Power of board and institutions to adopt rules and enact regulations.
(1)
As used in this section,

"face covering" means the same as that term is defined in
Section
53G-9-210
.
(2)
(a)
The board may enact regulations governing the conduct of university and college
students, faculty, and employees.
(b)
A president in consultation with the board of trustees, may enact policies governing
the conduct of university and college students, faculty, and employees.
(3)
(a)
An institution may enact traffic, parking, and related policies governing all
individuals on campus and facilities owned or controlled by the institution.
(b)
(i)
The board and an institution may not require proof of vaccination as a
condition for enrollment or attendance within the system of higher education
unless the board or an institution allows for the following exemptions:
(A)
a medical exemption if the student provides to the institution a statement that
the claimed exemption is for a medical reason; and
(B)
a personal exemption if the student provides to the institution a statement that
the claimed exemption is for a personal or religious belief.
(ii)
An institution that offers both remote and in-person learning options may not
deny a student who is exempt from a requirement to receive a vaccine under
Subsection
(3)(b)(i)
to participate in an in-person learning option based upon the
student's vaccination status.
(iii)
Subsections
(3)(b)(i)
and
(ii)
do not apply to a student studying in a medical
setting at an institution of higher education.
(iv)
Nothing in this section restricts a state or local health department from acting
under applicable law to contain the spread of an infectious disease.
(c)
(i)
The board or an institution may not require an individual to wear a face
covering as a condition of attendance for in-person instruction,
institution-sponsored athletics, institution-sponsored extracurricular activities, in
dormitories, or in any other place on a campus of an institution within the system
of higher education at any time after the end of the spring semester in 2021.
(ii)
Subsection
(3)(c)(i)
does not apply to an individual in a medical setting at an
institution of higher education.
(4)
The board shall enact regulations that require all testimony be given under oath during
an employee grievance hearing for a non-faculty employee of an institution of higher
education if the grievance hearing relates to the non-faculty employee's:
(a)
demotion; or
(b)
termination.
(5)
Acknowledging that the Legislature has the authority to regulate, by law, firearms at
higher education institutions, the board may:
(a)
authorize higher education institutions to establish no more than one secure area at
each institution as a hearing room in accordance with Section
76-8-311.1
, but not
otherwise restrict the lawful possession or carrying of firearms; and
(b)
authorize a higher education institution to make a policy that allows a resident of a
dormitory located at the institution to request only roommates who
are not licensed
to carry a concealed firearm under Section
53-5a-303
or Section
53-5a-305
choose
not to possess firearms in the resident's dorm that the roommates may otherwise
lawfully possess in the dormitory
.
(6)
In addition to the requirements and penalty prescribed in Sections
76-8-311.1
and
76-8-311.2
, the board shall make rules to ensure:
(a)
the use of reasonable means such as mechanical, electronic, x-ray, or similar devices,
to detect firearms, ammunition, or dangerous weapons contained in the personal
property of or on the person of any individual attempting to enter a secure area
hearing room;
(b)
that an individual required or requested to attend a hearing in a secure area hearing
room is notified in writing of the requirements related to entering a secure area
hearing room under this Subsection
(6)(b)
and Section
76-8-311.1
;
(c)
that the restriction of firearms, ammunition, or dangerous weapons in the secure area
hearing room is in effect only during the time the secure area hearing room is in use
for hearings and for a reasonable time before and after the hearing; and
(d)
the application of reasonable space limitations to the secure area hearing room as the
number of individuals involved in a typical hearing warrants.
(7)
The board and institutions may enforce the rules, regulations, and policies described in
this section in any reasonable manner, including the assessment of fees, fines, and
forfeitures, through:
(a)
withholding from money owed the violator;
(b)
the imposition of probation, suspension, or expulsion from the institution;
(c)
the revocation of privileges;
(d)
the refusal to issue certificates, degrees, and diplomas;
(e)
judicial process; or
(f)
any reasonable combination of the alternatives described in this Subsection
(7)
.
Section 3. Section
76-11-205
is amended to read:
76-11-205
. Carrying a dangerous weapon at an elementary school or secondary
school.
(1)
(a)
As used in this section, "on or about school premises" means:
(i)
in a public or private elementary school or secondary school; or
(ii)
on the grounds of a private elementary school or secondary school.
(b)
Terms defined in Sections
76-1-101.5
,
76-11-101
, and
76-11-201
apply to this
section.
(2)
An actor commits carrying a dangerous weapon at an elementary school or secondary
school if the actor:
(a)
is not an individual listed in Subsection
(4)
;
(b)
carries a dangerous weapon on or about school premises; and
(c)
knows or reasonably believes that the actor is on or about school premises at the time
the actor carries the dangerous weapon.
(3)
(a)
A violation of Subsection
(2)
is a class B misdemeanor if the dangerous weapon
carried by the actor is not a firearm.
(b)
A violation of Subsection
(2)
is a class A misdemeanor if the dangerous weapon
carried by the actor is a firearm.
(4)
This section does not apply if:
(a)
the actor is an individual exempt from certain weapons laws as described in Section
53-5a-108
;
(b)
the actor is 21 years old or older and has a concealed carry permit as described in
Section
53-5a-303
and is carrying the actor's dangerous weapon in a concealed
manner unless lawfully responding to an active threat in accordance with Section
76-2-402
,
76-2-405
, or
76-2-407
;
(c)
the actor is 21 years old or older and has a temporary concealed carry permit issued
under Section
53-5a-305
and is carrying the actor's dangerous weapon in a concealed
manner unless lawfully responding to an active threat in accordance with Sectio
n
76
-2-402,
76-2-405
, or
76-2-407
;
(d)
the actor is carrying the dangerous weapon at the actor's place of residence or on the
actor's real property;
(e)
the possession of the dangerous weapon is approved by the responsible school
administrator;
(f)
the dangerous weapon is present or to be used in connection with a lawful, approved
activity and is in the possession or under the control of the actor responsible for the
dangerous weapon's possession or use;
(g)
the actor is an armed school security guard as described in Section
53G-8-704
; or
(h)
the actor is carrying the dangerous weapon in a vehicle lawfully under the actor's
control, not including a vehicle owned by the school or used by the school to
transport students.
(5)
This section does not:
(a)
prohibit prosecution of another criminal offense that may occur on or about school
premises; or
(b)
prevent an actor from securely storing a firearm on the grounds of a school if the
actor:
(i)
participates in:
(A)
the school guardian program created in Section
53-22-105
; or
(B)
the Educator-Protector Program created in Section
53-22-107
; and
(ii)
complies with the requirements for securely storing the firearm described in
Subsection
53-22-107(5)(a)
.
Section 4. Section
76-11-205.5
is amended to read:
76-11-205.5
. Openly carrying a dangerous weapon at an institution of higher
education.
(1)
(a)
As used in this section
,
:
(i)
"Institution of higher education" means the same as that term is defined in Section
53H-1-101
.
(ii)
"on
"On
or about school premises" means:
(a)
(A)
in
a public or private
an
institution of higher education; or
(b)
(B)
on the grounds of a
public or private
an
institution of higher education.
(b)
Terms defined in Sections
76-1-101.5
,
76-11-101
, and
76-11-201
apply to this
section.
(2)
An actor commits
openly
carrying a dangerous weapon at an institution of higher
education if
the actor
:
(a)
is not an individual listed in Subsection (4);
(b)
(a)
the actor intentionally
carries a dangerous weapon on or about school premises;

and
(b)
the actor intentionally carries the dangerous weapon in a manner that the dangerous
weapon is visible to the ordinary observation of a reasonable person;
(c)
the dangerous weapon is not covered, hidden, or secreted in a way that would make
the dangerous weapon's presence unobservable to the ordinary observation of a
reasonable person; and
(c)
(d)
the actor
knows
,
or reasonably believes
,
that the actor is on or about school
premises at the time the actor carries the dangerous weapon.
(3)
(a)
A violation of Subsection (2) is a class B misdemeanor if the dangerous weapon
carried by the actor is not a firearm.
(b)
A violation of Subsection
(2)
is a class
A
(C)
misdemeanor
if the dangerous
weapon carried by the actor is a firearm
.
(4)
This section does not apply if:
(a)
the actor is an individual exempt from certain weapons laws as described in Section
53-5a-108
;
(b)
the actor is lawfully concealing the dangerous weapon and accidentally or
inadvertently exposes the dangerous weapon to public view;
(c)
the actor is openly carrying the dangerous weapon while lawfully responding to an
active threat in accordance with Section
76-2-402
,
76-2-405
, or
76-2-407
;
(b)
the actor has a concealed carry permit as described in Section
53-5a-303
;
(c)
the actor has a provisional concealed carry permit as described in Section
53-5a-304
;
(d)
the actor has a temporary concealed carry permit issued under Section
53-5a-305
;
(e)
(d)
the actor is
openly
carrying the dangerous weapon at the actor's place of
residence or on the actor's real property;
(f)
(e)
the
possession of the dangerous weapon
open carrying of the dangerous weapon

is approved by the responsible school administrator;
(g)
(f)
the dangerous weapon is present or to be used in connection with a lawful,
approved activity and is in the possession or under the control of the actor
responsible for the dangerous weapon's possession or use; or
(h)
(g)
the actor is
openly
carrying the dangerous weapon in a vehicle lawfully under
the actor's control, not including a vehicle owned by the school or used by the school
to transport students.
(5)
This section does not prohibit prosecution of another criminal offense that may occur on
or about school premises.
Section 5.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-12-26 8:33 AM