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9
53-5a-102.2
53-5a-102.3
53H-3-902
76-11-205.5
0
Dangerous Weapons at Institutions of Higher Education
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Nate Blouin
House Sponsor:
LONG TITLE
General Description:
This bill addresses dangerous weapons at institutions of higher education.
Highlighted Provisions:
This bill:
authorizes an institution of higher education to make rules and regulations regarding the
carrying or possession of firearms at the institution of higher education;
expands the offense of carrying a dangerous weapon at an institution of higher education
to include carrying, possessing, or storing a dangerous weapon in a dormitory located on
higher education grounds; 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
53-5a-102.3
, as renumbered and amended by Laws of Utah 2025, Chapters 173, 208
53H-3-902
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 8
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 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 carry the 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 posted;
(ii)
in an airport secure area as described in Section
76-11-218
;
(iii)
in a house of worship or in any private residence where dangerous weapons are
prohibited as described in Section
76-11-219
;
(iv)
in a dormitory located on the grounds of an institution of higher education as
described in Subsection
76-11-205.5(2)(b)
;
or
(iv)
(v)
in any other place prohibited by, or pursuant to, another state statute or
federal law.
(d)
In addition to the locations 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
53-5a-102.3
is amended to read:
53-5a-102.3
. Possession of a firearm at a residence or on real property.
(1)
As used in this section, "institution of higher education" means the same as that term is
defined in Section
53H-3-304
.
(1)
(2)
Except
as provided in Subsection
(3)(b)
and except
for an individual categorized as
a restricted person under Section
76-11-302
, Section
76-11-303
, or 18 U.S.C. Sec.
922(g), or an individual otherwise prohibited by law, an individual 18 years old or older
may have, and cannot be restricted from having, a loaded or unloaded firearm:
(a)
at the individual's place of residence; or
(b)
on the individual's real property.
(2)
(3)
(a)
An individual's place of residence described in Subsection
(1)(a)
(2)(a)
includes:
(a)
(i)
a temporary residence or camp; or
(b)
(ii)
except as provided in Subsection
(3)(b)
,
a residence that the individual has
been granted the lawful right of possession to rent or lease.
(b)
An individual's place of residence described in Subsection
(2)(a)
does not include a
dormitory located on the grounds of an institution of higher education.
Section 3. 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
.
(5)
(a)
Notwithstanding Section
53-5a-102
, and subject to Subsection
(5)(b)
and Sections
53-5a-102.3
and
76-11-205.5
, the board shall authorize an institution of higher
education to make rules and regulations regarding the carrying or possession of a
firearm at the institution of higher education, which may include:
(i)
prohibiting the possession or carrying of a firearm at the institution of higher
education by any individual;
(ii)
establishing a secure area as a hearing room in accordance with Section
76-8-311.1
; and
(iii)
any other rule or regulation the institution of higher education determines is
beneficial to the institution of higher education.
(b)
The rules and regulations made under Subsection
(5)(a)
may not:
(i)
prohibit an individual described in Section
53-5a-108
from possessing or carrying
a firearm at the institution of higher education;
(ii)
allow an individual without a concealed carry permit as described in Section
53-5a-303
, a provisional concealed carry permit as described in Section
53-5a-304
,
or a temporary concealed carry permit issued under Section
53-5a-305
, to carry or
possess a firearm at the higher education institution in violation of Section
76-11-205.5
; or
(iii)
allow an individual to carry, possess, or store a firearm in a dormitory located at
the institution of higher education in violation of Section
76-11-205.5
.
(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
regarding any secure area established under
Subsection
(5)(a)(ii)
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
;
and
(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)
(c)
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 4. Section
76-11-205.5
is amended to read:
76-11-205.5
. Carrying a dangerous weapon at an institution of higher education.
(1)
As used in this section, "on or about school premises" means:
(a)
in a public or private institution of higher education; or
(b)
on the grounds of a public or private institution of higher education.
(2)
An actor commits carrying a dangerous weapon at an institution of higher education if
the actor:
(a)
(i)
is not an individual listed in Subsection
(4)
;
(b)
(ii)
carries a dangerous weapon on or about school premises; and
(c)
(iii)
knows or reasonably believes that the actor is on or about school premises at
the time the actor carries the dangerous weapon
.
; or
(b)
carries, possesses, or stores a dangerous weapon in a dormitory located on the
grounds of a public or private institution of higher education.
(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
Subsection
(2)(a)
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 has a concealed carry permit as described in Section
53-5a-303
and the
institution of higher education has not enacted a regulation prohibiting an actor with a
concealed carry permit from carrying the dangerous weapon on the grounds of the
institution of higher education under Section
53H-3-902
;
(c)
the actor has a provisional concealed carry permit as described in Section
53-5a-304
and the institution of higher education has not enacted a regulation prohibiting an
actor with a provisional concealed carry permit from carrying the dangerous weapon
on the grounds of the institution of higher education under Section
53H-3-902
;
(d)
the actor has a temporary concealed carry permit issued under Section
53-5a-305
and
the institution of higher education has not enacted a regulation prohibiting an actor
with a temporary concealed carry permit from carrying the dangerous weapon on the
grounds of the institution of higher education under Section
53H-3-902
;
(e)
the actor is 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 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)
(i)
the actor is carrying the dangerous weapon in a vehicle lawfully under the
actor's control
,
;
(ii)
not including
the actor is not in
a vehicle owned by the school or used by the
school to transport students
.
; and
(iii)
the actor is driving the vehicle through the institution of higher education on
roads accessible to the public and does not park in a parking lot or otherwise
remain on the grounds of the institution of higher education.
(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
.
2-5-26 1:52 PM