76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off 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; and
(iii) (A) 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
(B) 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) 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 this section.
(3) (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 on or about school premises is a class A misdemeanor.
(4) 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 control of the person responsible for its possession or use; or
(d) the possession is:
(i) at the person's place of residence or on the person's property; or
(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.
(5) This section does not prohibit prosecution of a more serious weapons offense that may occur on or about school premises.
Hawk87 wrote:If the school is a public school (like Weber State) then they can't make that policy, this is because of the preemption statue.
The College Campus specifically prohibits the possession of weapons in violation of the law...
manithree wrote:Hawk87 wrote:If the school is a public school (like Weber State) then they can't make that policy, this is because of the preemption statue.
As quoted the policy says:The College Campus specifically prohibits the possession of weapons in violation of the law...
Essentially, they're saying their policy is defined by the law. I fail to see how that would fall afoul of preemption.
Now, why you would write a policy that says "Anything illegal is also forbidden by policy" is another question.
OneShotXD wrote:I work at one of the applied tech colleges here in Utah and I am curious:
1000ft federal rule still apply at trade schools and community colleges?
My work policy says
"The College Campus specifically prohibits the possession of weapons in violation of the law, by any employee, while on College Campus property. This includes keeping or transporting a weapon in a vehicle in a parking area, whether public or private. This prohibition explicitly includes any dangerous weapon, firearm, or sawed off shotgun, on or about College Campus premises."
How would you guys interpret this policy? I have an argument going on with my girlfriend about whether or not I could open carry without the CC permit at work.
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1cogfrog wrote:I work at the OWATC in Ogden. Ironically, we had a training 2 weeks ago about what to do in an active shooter situation. To paraphrase Run, Hide, Fight.
See video here:
http://www.youtube.com/watch?v=5VcSwejU ... afe=active
The question came up about carrying on campus. The head of campus security, and one of the VP's (who has a CFP) both answered that one could carry on campus with a CFP.
I was really grateful that they both knew the law, and answered correctly.
I noticed the next day that during out Campus service project, both security officers were concealed carrying in their work clothes (not in uniform). The VP (w/the CFP) and I had a good discussion about concealed carry later on and he stated he was fine with carry on campus.
I really like my job and the people I work with, and this just reinforced that feeling!
JoeSparky wrote:At my work were they have promised to FIRE anyone who carries in the building OUR active shooter training (Code Silver) was basically Run, Hide, DIE! Went so far as to suggest to us that if we attempt to stop the attacker that they could terminate US for violence in workplace violations! "Let the police do it because they are trained in how to handle this situation"
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