Section 76-10-505.5 - Possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises - Penalties(1) As used in this section, "on or about school premises" means: (a)(i) in a public or private elementary or secondary school; or(ii) on the grounds of any of those schools;(b)(i) in a public or private institution of higher education; or(ii) on the grounds of a public or private institution of higher education; or(c)(i) inside the building where a preschool or child care is being held, if the entire building is being used for the operation of the preschool or child care; or(ii) if only a portion of a building is being used to operate a preschool or child care, in that room or rooms where the preschool or child care operation is being held.(2) An actor who is 18 years old or older may not possess a dangerous weapon, firearm, or short barreled shotgun at a place that the actor knows, or has reasonable cause to believe, is on or about school premises.(3)(a) Possession of a dangerous weapon on or about school premises is a class B misdemeanor.(b) Possession of a firearm or short barreled shotgun on or about school premises is a class A misdemeanor.(4) This section does not apply if:(a) the actor is authorized to possess a firearm as described in Section 53-5-704, 53-5-705, 76-10-511, or 76-10-523, or as otherwise authorized by law;(b) the actor is authorized to possess a firearm as described in Section 53-5-704.5, unless the actor is in a location where the actor is prohibited from carrying a firearm under Subsection 53-5-710(2);(c) the possession is approved by the responsible school administrator;(d) the item 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 item's possession or use;(e) the actor is an armed school security guard as described in Section 53G-8-704; or(f) the possession is: (i) at the actor's place of residence or on the actor's property; or(ii) in any vehicle lawfully under the actor's control, other than a vehicle owned by the school or used by the school to transport students.(5) This section does not: (a) prohibit prosecution of a more serious weapons offense that may occur on or about school premises;(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; and(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); or(c) prohibit the prosecution of possession of a dangerous weapon by a minor, as described in Section 76-10-509.4, that occurs on or about school premises.Amended by Chapter 21, 2024 General Session ,§ 51, eff. 5/1/2024.Amended by Chapter 301, 2024 General Session ,§ 9, eff. 5/1/2024.Amended by Chapter 117, 2024 General Session ,§ 2, eff. 5/1/2024.Amended by Chapter 141, 2021 General Session ,§ 3, eff. 5/5/2021.Amended by Chapter 301, 2013 General Session ,§ 3, eff. 5/14/2013.Amended by Chapter 91, 2011 General Session