xmirage2kx said:
This is NOT true:
76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on or about school premises
(3) This section does not apply if:
(d) the possession is:
(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
So you are safe on your drive.
Please don't confuse State law and Federal law. What you've quoted is the section of the Utah Code dealing with guns at schools.
What Cowboy is referring to is Federal law. Here's an explanation of what is called the Gun-Free School Zones Act of 1990 at
Wikipedia.
It was found unconstitutional, then passed again by mentioning interstate commerce all over the place. The new one hasn't been challenged yet.
The updated law is found in:
18 U.S.C. §922 (q)
Refer to paragraph (q)(2):
Code:
(q)
(2)
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm-
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(iii) that is-
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
Notice that a gun, such as a hunting rifle, must be unloaded
and in a locked container or locked rack when driving through a school zone. If you have it in a zippered gun rug or case, lying on the floor, then drive through a school zone, you could be charged under this statute. :shock:
Further note that the way this is worded, your permit
must be issued by the state in which the school zone is located. That blows reciprocity in school zones out the window. :bang:
