Dangerous Weapons at Daycares and Schools

11
53-5a-102.2
76-11-205
76-11-206
0
Dangerous Weapons at Daycares and Schools
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
Senate Sponsor:
LONG TITLE
General Description:
This bill amends provisions related to dangerous weapons at daycares and schools.
Highlighted Provisions:
This bill:
clarifies that an individual who has a concealed carry permit may not open carry a
dangerous weapon on the grounds of a daycare or a public or private 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
76-11-205
, as renumbered and amended by Laws of Utah 2025, Chapters 173, 208
76-11-206
, 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 carry permit issued under Section
53-5a-305

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, on a public
street;
(b)
subject to Subsections
(2)(a)
and
(b)
, an individual 21 years old or older 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, 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 under Subsection
(1)(a)
or (b) without a
concealed carry permit may not carry the firearm:
(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 carry the firearm:
(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 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)
on or about a daycare premises 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.
(c)
Subject to Subsection
(2)(d)
, an individual with a concealed carry permit under
Subsection
(1)(c)
may not

:
(i)
carry the 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 the 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 a daycare as described in Section
76-11-206
.
(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 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 a concealed carry permit lawfully
issued by or in another state may not carry the 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
;
(B)
on or about the premises of an institution of higher education as described in
Section
76-11-205.5
; or
(C)
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
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 Section
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 3. Section
76-11-206
is amended to read:
76-11-206
. Carrying a dangerous weapon at a daycare.
(1)
(a)
As used in this section:
(i)
"Daycare" means a preschool or child care center.
(ii)
"On or about daycare premises" means:
(A)
inside the building where a daycare is being held, if the entire building is
being used for the operation of the daycare; or
(B)
if only a portion of a building is being used to operate a daycare, in the room
or rooms where the daycare operation is being held.
(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 a daycare if the actor:
(a)
is not an individual listed in Subsection
(4)
;
(b)
carries a dangerous weapon on or about daycare premises; and
(c)
has reasonable cause to believe that the actor is on or about daycare premises at the
time the actor carried 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 exempted from certain weapons laws as described in
Section
53-5a-108
;
(b)
the actor 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 has a provisional concealed carry permit as described in Section
53-5a-304

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
;
(d)
the actor 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 Section
76-2-402
,
76-2-405
, or
76-2-407
;
(e)
the actor is carrying the dangerous weapon at the actor's place of residence or on the
actor's real property;
(f)
the actor's carrying of the dangerous weapon is approved by the responsible daycare
administrator;
(g)
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)
the actor is carrying the dangerous weapon in a vehicle lawfully under the actor's
control, not including a vehicle owned by the daycare or used by the daycare to
transport minors enrolled in the daycare.
(5)
This section does not prohibit the prosecution of another criminal offense that may
occur on or about daycare premises.
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-20-26 2:44 PM