76-11-205. Carrying a dangerous weapon at an elementary school or secondary school.
(1) As used in this section, "on or about school premises" means: in a public or private elementary school or secondary school; or on the grounds of a private elementary school or secondary school. Terms defined in Sections,, andapply to this section. 76-1-101.5 76-11-101 76-11-201
(2) An actor commits carrying a dangerous weapon at an elementary school or secondary school if the actor: is not an individual listed in Subsection; (4) carries a dangerous weapon on or about school premises; and knows or reasonably believes that the actor is on or about school premises at the time the actor carries the dangerous weapon.
(3) A violation of Subsectionis a class B misdemeanor if the dangerous weapon carried by the actor is not a firearm. (2) A violation of Subsectionis a class A misdemeanor if the dangerous weapon carried by the actor is a firearm. (2)
(4) This section does not apply if: the actor is an individual exempt from certain weapons laws as described in Section; 53-5a-108 the actor is 21 years old or older and has a concealed carry permit as described in Sectionand is carrying the actor's dangerous weapon in a concealed manner unless lawfully responding to an active threat in accordance with Section,, or; 53-5a-303 76-2-402 76-2-405 76-2-407 the actor is 21 years old or older and has a temporary concealed carry permit issued under Sectionand is carrying the actor's dangerous weapon in a concealed manner unless lawfully responding to an active threat in accordance with Section-2-402,, or; 53-5a-305 76 76-2-405 76-2-407 the actor is carrying the dangerous weapon at the actor's place of residence or on the actor's real property; the possession of the dangerous weapon is approved by the responsible school administrator; the dangerous weapon is present or to be used in connection with a lawful, approved activity and is in the possession or under the control of the actor responsible for the dangerous weapon's possession or use; the actor is an armed school security guard as described in Section; or 53G-8-704 the actor is carrying the dangerous weapon in a vehicle lawfully under the actor's control, not including a vehicle owned by the school or used by the school to transport students.
(5) This section does not: prohibit prosecution of another criminal offense that may occur on or about school premises; or prevent an actor from securely storing a firearm on the grounds of a school if the actor: participates in: the school guardian program created in Section; or 53-22-105 the Educator-Protector Program created in Section; and 53-22-107 complies with the requirements for securely storing the firearm described in Subsection. 53-22-107(5)(a)