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What year did Utah enact 76-10-505.5 (firearms in schools)

4K views 9 replies 3 participants last post by  UtahJarhead 
#1 ·
Topic pretty much says it? What year was it that Utah enacted 76-10-505.5, the statute that permits carry within schools?
 
#3 ·
76-10-505.5 predates the concealed firearm act, and it prohibits rather than permits carry in schools, or rather it permits by exemption. If I understand correctly, when the concealed firearm act went into effect in 1995, what changed was the exemption located in 76-10-523 to include those with a permit among the exemptions. In 2011 as shown in Cinhil's link the statute was modified to clarify the definition of school premises, and I guess there were other changes in 2003 also.

From my class materials I received when I took it In 1995 (still in the filing cabinet), 76-10-505.5 read as follows:

76-10-505.5 Possession of a dangerous weapon, firearm, or sawed-off shotgun on or about school premises -- Penalty.
(1) A person may not possess any dangerous weapon, firearm, or sawed-off shotgun at a place that the person knows, or has reasonable cause to believe, is on or about school premises.
(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 on or about school premises is a class A misdemeanor.
(3) This section applies to any person, except persons authorized to possess a firearm as provided under sections 53-5-704, 53-5-705, 53A-3-502, 76-10-511, 76-10-523, and Subsection 76-10-502(2) and as otherwise authorized by law.
(4) This section does not prohibit prosecution of a more serious weapons offense that may occur on or about school premises.
 
#4 ·
Thanks for the clarification Althor. Glad you still had a copy from your class.
 
#5 ·
I know what the law does and how it works, but thanks for the clarification. It looks like the law that went into effect guaranteeing that right was 2004 according to the interwebs. Sounds like 2003 would be the session for its passage, then.
 
#7 ·
althor said:
I guess I don't understand the question. A permit holder (Utah permit of course) has been able to carry in schools since 1995. The 2003 changes only clarified what was already permitted.
That is my understanding. I believe the language was just made easier to understand for all those affected (ccw carriers, police, judges etc.)
 
#8 ·
Hmmmm... it was my understanding that it was allowed, but not covered under pre-emption meaning schools could outlaw it if they wanted.
 
#10 ·
althor said:
UtahJarhead said:
Hmmmm... it was my understanding that it was allowed, but not covered under pre-emption meaning schools could outlaw it if they wanted.
I think that would have had to have been taken care of in 76-10-500, which I think has not changed... or at least not significantly.
Oh snap! Good point, huh...
 
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