11B20B4 wrote:Realbatgirl wrote:In addition to this question, my husband who works at the Utah State Hospital
Can he site the specific law/title/code for this "felony"?
I suspect this officer is full of guano unless this hospital is a mental health facility..
That's exactly what the State Hospital is, a mental health facility.
What the law says with respect to mental health facilities is a little hard to parse out.
On the one hand, 76-8-311.1 (2)(a) says that the administrators "may establish secure areas within the facility and may prohibit or control by rule any firearm, ammunition, dangerous weapon, or explosive", and 76-8-311.3 (4) says it's a second-degree felony to take a firearm into such a secure area. Based on those, it would appear that only the established secure areas are off-limits, and 76-8-311.1 (3) and (4) further indicate that the secure areas must be posted and secure storage must be provided.
So that would seem to indicate that the guard is full of crap.
On the other hand 76-8-311.3 (2) is more ambiguous. It says that mental health facilities may make rules that no firearms or ammunition may be "transported to or upon a correctional or mental health facility". That's broader, since it doesn't mention the "secure area". However, it also just says they can make rules, but not that those rules have any legal force (i.e. not a felony).
My take is that the Utah State Hospital may administrators may establish anti-gun rules for the entire facility, but that breaking those rules is not a crime (though it could get you fired). They can also establish secure areas within the facility, but must put up signs and provide lockers, and taking a gun in those areas is a felony.
I am not a lawyer, of course.