&nb=
sp;
76-10-500. &nbs=
p; Uniform
law.
(1) The individual right to keep and bear arms bei=
ng a
constitutionally protected right, the Legislature finds the need to provide
uniform laws throughout the state. Except as specifically provided by state
law, a citizen of the United States or a lawfully admitted alien shall not =
be:
(a) prohibited from owning, possessing, purchasing,
selling, transferring, transporting, or keeping any firearm at his place of
residence, property, business, or in any vehicle lawfully in his possession=
or
lawfully under his control; or
(b) required to have a permit or license to purcha=
se,
own, possess, transport, or keep a firearm.
(2) This part is uniformly applicable throughout t=
his
state and in all its political subdivisions and municipalities. All authori=
ty
to regulate firearms shall be reserved to the state except where the
Legislature specifically delegates responsibility to local authorities or s=
tate
entities. Unless specifically authorized by the Legislature by statute, a l=
ocal
authority or state entity may not enact or enforce any ordinance, regulatio=
n,
or rule pertaining to firearms.
&nb=
sp; 76-10-501. Definitions.
As used in this part:
(1) (a) "Antique firearm" means any fire=
arm:
(i) (A) with a matchlo=
ck,
flintlock, percussion cap, or similar type of ignition system; and
(B) that was manufactured in or before 1898; or
(ii) that is a replica of any firearm described in
this Subsection (1)(a), if the replica:
(A) is not designed or redesigned for using rimfire or conventional centerfi=
re
fixed ammunition; or
(B) uses rimfire or
(I) no longer manufactured in the United States; a=
nd
(II) is not readily available in ordinary channels=
of
commercial trade; or
(iii) (A) that is a muzzle loading rifle, shotgun,=
or
pistol; and
(B) is designed to use black powder, or a black po=
wder
substitute, and cannot use fixed ammunition.
(b) "Antique firearm" does not include:<=
br>
(i) any weapon that
incorporates a firearm frame or receiver;
(ii) any firearm that is converted into a muzzle
loading weapon; or
(iii) any muzzle loading weapon that can be readily
converted to fire fixed ammunition by replacing the:
(A) barrel;
(B) bolt;
(C) breechblock; or
(D) any combination of Subsection (1)(b)(iii)(A), =
(B),
or (C).
(2) (a) "Concealed
dangerous weapon" means a dangerous weapon that is covered, hidden, or
secreted in a manner that the public would not be aware of its presence and=
is
readily accessible for immediate use.
(b) A dangerous weapon shall not be considered a
concealed dangerous weapon if it is a firearm which is unloaded and is secu=
rely
encased.
(3) "Criminal history bac=
kground
check" means a criminal background check conducted by a licensed
firearms dealer on every purchaser of a handgun through the division or the
local law enforcement agency where the firearms dealer conducts business.
(a) is of special interest to a collector because =
of a
quality that is not associated with firearms intended for:
(i) sporting use;
(ii) use as an offensive weapon; or
(iii) use as a defensive weapon;
(b) (i) was manufactur=
ed at
least 50 years prior to the current date; and
(ii) is not a replica of a firearm described in
Subsection (4)(b)(i);
(c) is certified by the curator of a municipal, st=
ate,
or federal museum that exhibits firearms to be a curio or relic of museum
interest;
(d) derives a substantial part of its monetary val=
ue:
(i) from the fact that=
the
firearm is:
(A) novel;
(B) rare; or
&nb=
sp;
(C) bizarre; or
(ii) because of the firearm's association with an
historical:
(A) figure;
(B) period; or
(C) event; and
(e) has been designated as a curio or relic firear=
m by
the director of the United States Treasury Department Bureau of Alcohol,
Tobacco, and Firearms under 27 C.F.R. Sec. 178.11.
(5) (a) "Dangerous
weapon" means any item that in the manner of its use or intended use is
capable of causing death or serious bodily injury. The following factors sh=
all
be used in determining whether a knife, or any other item, object, or thing=
not
commonly known as a dangerous weapon is a dangerous weapon:
(i) the character of t=
he
instrument, object, or thing;
(ii) the character of the wound produced, if any;<=
br>
(iii) the manner in which the instrument, object, =
or
thing was used; and
(iv) the other lawful purposes for which the
instrument, object, or thing may be used.
(b) "Dangerous weapon" does not include =
any
explosive, chemical, or incendiary device as defined by Section 76-10-30=
6.
(6) "Dealer" means every person who is
licensed under crimes and criminal procedure, 18 U.S.C. 923 and engaged in =
the
business of selling, leasing, or otherwise transferring a handgun, whether =
the
person is a retail or wholesale dealer, pawnbroker, or otherwise.
(7) "Division" means the Criminal
Investigations and Technical Services Division of the Department of Public
Safety, created in Section 53-10-103.
(8) "Enter" means intrusion of the entire
body.
(9) (a) "Firearm&q=
uot;
means a pistol, revolver, shotgun, sawed-off shotgun, rifle or sawed-off ri=
fle,
or any device that could be used as a dangerous weapon from which is expell=
ed a
projectile by action of an explosive.
(b) As used in Sections 76-10-526 and 76=
-10-527,
"firearm" does not include an antique firearm.
(10) "Firearms transaction record form"
means a form created by the division to be completed by a person purchasing,
selling, or transferring a handgun from a dealer in the state.
(11) "Fully automatic weapon" means any
firearm which fires, is designed to fire, or can be readily restored to fir=
e,
automatically more than one shot without manual reloading by a single funct=
ion
of the trigger.
(12) (a) "Handgun" means a pistol, revol=
ver,
or other firearm of any description, loaded or unloaded, from which any sho=
t,
bullet, or other missile can be discharged, the length of which, not includ=
ing
any revolving, detachable, or magazine breech, does not exceed 12 inches.
(13) "House of worship" means a church,
temple, synagogue, mosque, or other building set apart primarily for the
purpose of worship in which religious services are held and the main body of
which is kept for that use and not put to any other use inconsistent with i=
ts
primary purpose.
(14) "Prohibited area" means any place w=
here
it is unlawful to discharge a firearm.
(15) "Readily accessible for immediate use&qu=
ot;
means that a firearm or other dangerous weapon is carried on the person or
within such close proximity and in such a manner that it can be
retrieved and used as readily as if carried on the
person.
(16) "Residence" means an improvement to
real property used or occupied as a primary or secondary residence.
(17) "Sawed-off shotgun" or "sawed-=
off
rifle" means a shotgun having a barrel or barrels of fewer than 18 inc=
hes
in length, or in the case of a rifle, having a barrel or barrels of fewer t=
han
16 inches in length, or any dangerous weapon made from a rifle or shotgun by
alteration, modification, or otherwise, if the weapon as modified has an
overall length of fewer than 26 inches.
(18) "Securely encased" means not readily
accessible for immediate use, such as held in a gun rack, or in a closed ca=
se
or container, whether or not locked, or in a trunk or other storage area of=
a
motor vehicle, not including a glove box or console box.
(19) "State entity" means each departmen=
t,
commission, board, council, agency, institution, officer, corporation, fund,
division, office, committee, authority, laboratory, library, unit, bureau,
panel, or other administrative unit of the state.
(20) "Violent felony" means the same as
defined in Section 76-3-203.5.
&nb=
sp;
76-10-502. When weapon
deemed loaded.
(1) For the purpose of this chapter, any pistol,
revolver, shotgun, rifle, or other weapon described in this part shall be
deemed to be loaded when there is an unexpended cartridge, shell, or projec=
tile
in the firing position.
(2) Pistols and revolvers shall also be deemed to =
be
loaded when an unexpended cartridge, shell, or projectile is in a position
whereby the manual operation of any mechanism once would cause the unexpend=
ed
cartridge, shell, or projectile to be fired.
(3) A muzzle loading firearm shall be deemed to be
loaded when it is capped or primed and has a powder charge and ball or shot=
in
the barrel or cylinders.
&nb=
sp;
76-10-504. Carrying concealed dangerous weapon -- Penalt=
ies.
(1) Except as provided in Section 76-10-503=
and
in Subsections (2) and (3):
(a) a person who carries a concealed dangerous wea=
pon,
as defined in Section 76-10-501, which is not a firearm on his perso=
n or
one that is readily accessible for immediate use which is not securely enca=
sed,
as defined in this part, in a place other than his residence, property, or
business under his control is guilty of a class B misdemeanor; and
(b) a person without a valid concealed firearm per=
mit
who carries a concealed dangerous weapon which is a firearm and that contai=
ns
no ammunition is guilty of a class B misdemeanor, but if the firearm contai=
ns
ammunition the person is guilty of a class A misdemeanor.
(2) A person who carries concealed a sawed-off sho=
tgun
or a sawed-off rifle is guilty of a second degree felony.
(3) If the concealed firearm is used in the commis=
sion
of a violent felony as defined in Section 76-3-203.5, and the person=
is
a party to the offense, the person is guilty of a second degree felony.
(4) Nothing in Subsection (1) shall prohibit a per=
son
engaged in the lawful taking of protected or unprotected wildlife as define=
d in
Title 23, Wildlife Resources Code, from carrying a concealed weapon or a
concealed firearm with a barrel length of four inches or greater as long as=
the
taking of wildlife does not occur:
(a) within the limits of a municipality in violati=
on
of that municipality's ordinances; or
(b) upon the highways of the state as defined in
Section 41-6a-102.
&nb=
sp;
76-10-505. Carrying loaded firearm in vehicle or on stre=
et.
(1) Unless otherwise authorized by law, a person m=
ay
not carry a loaded firearm:
(a) in or on a vehicle;
(b) on any public street; or
(c) in a posted prohibited area.
(2) A violation of this section is a class B
misdemeanor.
&nb=
sp;
76-10-505.5. Possession of a dangerous weapon, firearm, =
or
sawed-off shotgun on or about school premises -- Penalties.
(1) A person may not possess any dangerous weapon,
firearm, or sawed-off shotgun, as those terms are defined in Section 76-=
10-501,
at a place that the person knows, or has reasonable cause to believe, is on=
or
about school premises as defined in Subsection 76-3-203.2(1).
(2) (a) Possession of a
dangerous weapon on or about school premises is a class B misdemeanor.
(b) Possession of a firearm or sawed-off shotgun o=
n or
about school premises is a class A misdemeanor.<=
br>
(3) This section does not apply if:
(a) the person is authorized to possess a firearm =
as
provided under Section 53-5-704, 53-5-705, 76-10-511, =
or 76-10-523,
or as otherwise authorized by law;
(b) the possession is approved by the responsible
school administrator;
(c) the item is present or to be used in connection
with a lawful, approved activity and is in the possession or under the cont=
rol
of the person responsible for its possession or use; or
(d) the possession is:
(i) at the person's pl=
ace of
residence or on the person's property;
(ii) in any vehicle lawfully under the person's
control, other than a vehicle owned by the school or used by the school to
transport students; or
(iii) at the person's place of business which is n=
ot
located in the areas described in Subsection 76-3-203.2(1)(a)(i), (ii), or (iv).
(4) This section does not prohibit prosecution of a
more serious weapons offense that may occur on or about school premises.
&nb=
sp;
76-10-506. Threatening=
with
or using dangerous weapon in fight or quarrel.
Every person, except those persons described in
Section 76-10-503, who, not in necessary self defense in the presenc=
e of
two or more persons, draws or exhibits any dangerous weapon in an angry and
threatening manner or unlawfully uses the same in any fight or quarrel is
guilty of a class A misdemeanor.
&nb=
sp;
76-10-507. &nbs=
p; Possession
of deadly weapon with intent to assault.
Every person having upon his person any dangerous
weapon with intent to unlawfully assault another is guilty of a class A misdemeanor.
&nb=
sp;
76-10-511. Possession of loaded weapon at residence
authorized.
Except for persons described in Section 76-10-5=
03,
a person may have a loaded firearm at his place of residence, including any
temporary residence or camp.
&nb=
sp;
76-10-523.5. Compliance with rules for secure facilities=
.
Any person, including a person licensed to carry a
concealed firearm under Title 53, Chapter 5, Part 7, Concealed Weapons, sha=
ll
comply with any rule established for secure facilities pursuant to Sections=
53B-3-103,
76-8-311.1, 76-8-311.3, and 78-7-6 and shall be subjec=
t to
any penalty provided in those sections.
&nb=
sp;
76-10-528. Carrying a
dangerous weapon while under influence of alcohol or drugs unlawful.
(1) Any person who carries a dangerous weapon while
under the influence of alcohol or a controlled substance as defined in Sect=
ion 58-37-2
is guilty of a class B misdemeanor. Under the influence means the same leve=
l of
influence or blood or breath alcohol concentration as provided in Subsectio=
ns 41-6a-502(1)(a)(i) through (iii).
(2) It is not a defense to prosecution under this
section that the person:
(a) is licensed in the pursuit of wildlife of any
kind; or
(b) has a valid permit to carry a concealed firear=
m.
&nb=
sp;
76-10-530. &nbs=
p; Trespass
with a firearm in a house of worship or private residence -- Notice -- Pena=
lty.
(1) A person, including a person licensed to carry=
a
concealed firearm pursuant to Title 53, Chapter 5, Part 7, Concealed Weapon
Act, after notice has been given as provided in Subsection (2) that firearms
are prohibited, may not knowingly and intentionally:
(a) transport a firearm into:
(i) a house of worship=
; or
(ii) a private residence; or
(b) while in possession of a firearm, enter or rem=
ain
in:
(i) a house of worship=
; or
(ii) a private residence.
(2) Notice that firearms are prohibited may be giv=
en
by:
(a) personal communication to the actor by:
(i) the church or
organization operating the house of worship;
(ii) the owner, lessee, or person with lawful righ=
t of
possession of the private residence; or
(iii) a person with authority to act for the perso=
n or
entity in Subsections (2)(a)(i) and (ii);
(b) posting of signs reasonably likely to come to =
the
attention of persons entering the house of worship or private residence;
(c) announcement, by a person with authority to act
for the church or organization operating the house of worship, in a regular
congregational meeting in the house of worship;
(d) publication in a bulletin, newsletter, worship
program, or similar document generally circulated or available to the membe=
rs
of the congregation regularly meeting in the house of worship; or
(e) publication in a newspaper of general circulat=
ion
in the county in which the house of worship is located or the church or
organization operating the house of worship has its principal office in this
state.
(3) A church or organization operating a house of
worship and giving notice that firearms are prohibited may:
(a) revoke the notice, with or without supersedure, by giving further notice in any manner
provided in Subsection (2); and
(b) provide or allow exceptions to the prohibition=
as
the church or organization considers advisable.
(4) (a) (i) Within 30 =
days
of giving or revoking any notice pursuant to Subsection (2)(c), (d), or (e)=
, a
church or organization operating a house of worship shall notify the divisi=
on
on a form and in a manner as the division shall prescribe.
(ii) The division shall post on its website a list=
of
the churches and organizations operating houses of worship who have given
notice under Subsection (4)(a)(i).
(b) Any notice given pursuant to Subsection (2)(c),
(d), or (e) shall remain in effect until revoked or for a period of one year
from the date the notice was originally given, whichever occurs first.
(5) Nothing in this section permits an owner who h=
as
granted the lawful right of possession to a renter or lessee to restrict the
renter or lessee from lawfully possessing a firearm in the residence.
(6) A violation of this section is an infraction.<=
/span>