76-10-505.5 - Possession of a dangerous weapon, firearm, or sawed-off shotgun on or about school premises -- Penalties.
76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun onor about school premises -- Penalties.
(1) A person may not possess any dangerous weapon, firearm, or sawed-off shotgun, asthose terms are defined in Section 76-10-501, at a place that the person knows, or has reasonablecause to believe, is on or about school premises as defined in Subsection 76-3-203.2(1).
(2) (a) Possession of a dangerous weapon on or about school premises is a class Bmisdemeanor.
(b) Possession of a firearm or sawed-off shotgun on or about school premises is a class Amisdemeanor.
(3) 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 isin 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;
(ii) in any vehicle lawfully under the person's control, other than a vehicle owned by theschool or used by the school to transport students; or
(iii) at the person's place of business which is not located in the areas described inSubsection 76-3-203.2(1)(a)(i), (ii), or (iv).
(4) This section does not prohibit prosecution of a more serious weapons offense thatmay occur on or about school premises.
Amended by Chapter 203, 2003 General Session