HB 84

Enrolled Copy  H.B. 84
1Dangerous Weapon Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Walt Brooks
  Senate Sponsor: Don L. Ipson
2
3  LONG TITLE
4  General Description:
5This bill addresses the carrying of dangerous weapons at an institution of higher education.
6  Highlighted Provisions:
7This bill:
8▸ allows an individual 21 years old or older to conceal a dangerous weapon at an institution
9  of higher education without a concealed carry permit;
10▸ amends the offense of carrying a dangerous weapon at an institution of higher education
11  by:
12●   renaming the offense to "Openly carrying a dangerous weapon at an institution of
13  higher education";
14●   removing private institutions of higher education from locations where the offense is
15  applicable; and
16●   prohibiting an individual, including an individual with any type of concealed carry
17  permit, from openly carrying a dangerous weapon at an institution of higher
18  education unless the individual is lawfully responding to an active threat;
19▸ clarifies that an individual 18 years old or older but younger than 21 years old may carry,
20  in an open manner, an unloaded firearm in any public location not prohibited by state
21  statute or federal law;
22▸ clarifies that an individual who has a concealed carry permit that allows the individual to
23  carry on the grounds of an elementary school or secondary school may not open carry a
24  dangerous weapon on the grounds of an elementary school or secondary school unless
25  the individual is lawfully responding to an active threat; and
26▸ makes technical and conforming changes.
27  Money Appropriated in this Bill:
H.B. 84  Enrolled Copy
28None
29   Other Special Clauses:
30None
31   Utah Code Sections Affected:
32   AMENDS:
3353-5a-102.2, as enacted by Laws of Utah 2025, Chapter 208
3453H-3-902, as renumbered and amended by Laws of Utah 2025, First Special Session,
35Chapter 8
3676-11-205, as renumbered and amended by Laws of Utah 2025, Chapters 173, 208
3776-11-205.5, as enacted by Laws of Utah 2025, Chapter 208
38
39   Be it enacted by the Legislature of the state of Utah:
40Section 1. Section 53-5a-102.2 is amended to read:
4153-5a-102.2 . Open and concealed carry of a firearm outside of an individual's
42   residence.
43   (1) To effectuate the Second Amendment to the United States Constitution and Utah
44Constitution, Article I, Section 6, that prohibit the infringement of the right of the people
45of Utah to keep and bear arms for security and defense of self, family, others, property,
46or the state, as well as for other lawful purposes, and consistent with the Legislature's
47ability to define the lawful use of arms:
48(a) subject to Subsections (2)(a) and (b), an individual 18 years old or older but younger
49than 21 years old without a provisional concealed carry permit issued under Section
5053-5a-305 and who may otherwise lawfully possess firearms, may only carry in an
51open manner:
52(i) an unloaded rifle, shotgun, or muzzle-loading rifle in a vehicle in which the
53individual is lawfully present;
54(ii) an unloaded or loaded handgun in a vehicle in which the individual is lawfully
55present; and
56(iii) an unloaded firearm that the individual may otherwise lawfully carry[,] :
57(A) [ ]on a public street; or
58(B) in any other public location not prohibited by, or in accordance with, state
59statute or federal law;
60(b) subject to [Subsections (2)(a) and (b),] Subsection (2)(b), an individual 21 years old
61or older who may otherwise lawfully possess firearms, may open or conceal carry,
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62without a conceal carry permit:
63(i) an unloaded or loaded firearm:
64(A) on a public street; or
65(B) in any other place not prohibited by, or pursuant to, state statute or federal law;
66(ii) an unloaded or loaded handgun in a vehicle in which the individual is lawfully
67present; and
68(iii) an unloaded rifle, shotgun, or muzzle-loading rifle in a vehicle in which the
69individual is lawfully present; and
70      (c) subject to Subsections (2)(c) and (d), an individual 18 years old or older with a
71concealed carry permit issued under Section 53-5a-303, a temporary concealed carry
72permit issued under Section 53-5a-304, a provisional concealed carry permit issued
73under Section 53-5a-305, or a concealed carry permit lawfully issued by or in another
74state, who may otherwise lawfully possess firearms, may open or conceal carry a
75loaded or unloaded firearm:
76(i) in a vehicle in which the individual is lawfully present;
77(ii) on a public street; or
78(iii) in any other place not prohibited by, or pursuant to, state statute or federal law.
79  (2)(a) An individual [openly carrying a firearm ] 18 years old or older but younger than
80      21 years old under Subsection (1)(a) [or (b) ]without a provisional concealed carry
81      permit issued under Section 53-5a-305 may not carry [the] a firearm in any manner:
82(i) in a secure area established in accordance with Section 76-8-311.1 in which
83dangerous weapons are prohibited and notice of the prohibition is posted;
84(ii) on or about the premises of a public or private elementary school or secondary
85school as described in Section 76-11-205;
86(iii) on or about the premises of an institution of higher education as described in
87Section 76-11-205.5;
88(iv) on or about the premises of a daycare as described in Section 76-11-206;
89(v) in an airport secure area as described in Section 76-11-218;
90(vi) in a house of worship or in any private residence where dangerous weapons are
91prohibited as described in Section 76-11-219; or
92(vii) in any other place prohibited by, or pursuant to, another state statute or federal
93law.
94      (b) An individual 21 years old or older [concealing a firearm ]without a concealed carry
95permit under Subsection (1)(b) may not:
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96(i) [ ]carry [the] a firearm in any manner:
97[(i)] (A) in a secure area established in accordance with Section 76-8-311.1 in
98which dangerous weapons are prohibited and notice of the prohibition is posted;
99[(ii)] (B) on or about the school premises of a public or private elementary school
100or secondary school as described in Section 76-11-205;
101[(iii) on or about the premises of an institution of higher education as described in
102Section 76-11-205.5;]
103[(iv)] (C) on or about a daycare premises as described in Section 76-11-206;
104[(v)] (D) in an airport secure area as described in Section 76-11-218;
105[(vi)] (E) in a house of worship or in any private residence where dangerous
106weapons are prohibited as described in Section 76-11-219; or
107[(vii)] (F) in any other place prohibited by, or pursuant to, another state statute or
108federal law[.] ; or
109(ii) openly carry a firearm, unless lawfully responding to an active threat in
110accordance with Section 76-2-402, 76-2-405, or 76-2-407, on or about the
111premises of an institution of higher education as described in Section 76-11-205.5.
112      (c) Subject to Subsection (2)(d), an individual with a concealed carry permit under
113Subsection (1)(c) may not[ ] :
114(i) carry [the] a firearm in any manner:
115[(i)] (A) in a secure area established in accordance with Section 76-8-311.1 in
116which dangerous weapons are prohibited and notice of the prohibition posted;
117[(ii)] (B) in an airport secure area as described in Section 76-11-218;
118[(iii)] (C) in a house of worship or in any private residence where dangerous
119weapons are prohibited as described in Section 76-11-219; or
120[(iv)] (D) in any other place prohibited by, or pursuant to, another state statute or
121federal law[.] ; or
122(ii) openly carry a firearm, unless lawfully responding to an active threat in
123accordance with Section 76-2-402, 76-2-405, or 76-2-407:
124(A) on or about the premises of a public or private elementary school or secondary
125school as described in Section 76-11-205; or
126(B) on or about the premises of an institution of higher education as described in
127Section 76-11-205.5.
128      (d) In addition to the [locations] restrictions described in Subsection (2)(c):
129(i) an individual 18 years old but younger than 21 years old with a provisional
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130concealed carry permit under Section 53-5a-304 may not carry [the] a firearm in
131any manner on or about the premises of a public or private elementary school or
132secondary school as described in Section 76-11-205; and
133(ii) an individual [concealing a firearm only ]with only a concealed carry permit
134lawfully issued by or in another state may not carry [the] a firearm in any manner:
135(A) on or about the premises of a public or private elementary school or secondary
136school as described in Section 76-11-205; or
137[(B) on or about the premises of an institution of higher education as described in
138Section 76-11-205.5; or]
139[(C)] (B) on or about the premises of a daycare as described in Section 76-11-206.
140  (3) This section does not prohibit:
141      (a) the owner or lawful possessor of a vehicle from prohibiting another individual from
142carrying a firearm in the owner or lawful possessor's vehicle; or
143      (b) except as provided in Section 53-5a-102.3, the owner or lawful lessee of private real
144property from prohibiting another individual from possessing a firearm on the
145property.
146  (4) An individual is lawfully present in a vehicle while carrying a firearm under this section
147      if:
148      (a) the vehicle is in the lawful possession of the individual; or
149      (b) the individual has the consent of the person lawfully in possession of the vehicle to
150carry the firearm in the vehicle.
151Section 2. Section 53H-3-902 is amended to read:
15253H-3-902 . Power of board and institutions to adopt rules and enact regulations.
153  (1) As used in this section, "face covering" means the same as that term is defined in
154      Section 53G-9-210.
155  (2)(a) The board may enact regulations governing the conduct of university and college
156      students, faculty, and employees.
157      (b) A president in consultation with the board of trustees, may enact policies governing
158the conduct of university and college students, faculty, and employees.
159  (3)(a) An institution may enact traffic, parking, and related policies governing all
160      individuals on campus and facilities owned or controlled by the institution.
161      (b)(i) The board and an institution may not require proof of vaccination as a
162condition for enrollment or attendance within the system of higher education
163unless the board or an institution allows for the following exemptions:
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164(A) a medical exemption if the student provides to the institution a statement that
165the claimed exemption is for a medical reason; and
166(B) a personal exemption if the student provides to the institution a statement that
167the claimed exemption is for a personal or religious belief.
168(ii) An institution that offers both remote and in-person learning options may not
169deny a student who is exempt from a requirement to receive a vaccine under
170Subsection (3)(b)(i) to participate in an in-person learning option based upon the
171student's vaccination status.
172(iii) Subsections (3)(b)(i) and (ii) do not apply to a student studying in a medical
173setting at an institution of higher education.
174(iv) Nothing in this section restricts a state or local health department from acting
175under applicable law to contain the spread of an infectious disease.
176(c)(i) The board or an institution may not require an individual to wear a face
177covering as a condition of attendance for in-person instruction,
178institution-sponsored athletics, institution-sponsored extracurricular activities, in
179dormitories, or in any other place on a campus of an institution within the system
180of higher education at any time after the end of the spring semester in 2021.
181(ii) Subsection (3)(c)(i) does not apply to an individual in a medical setting at an
182institution of higher education.
183   (4) The board shall enact regulations that require all testimony be given under oath during
184an employee grievance hearing for a non-faculty employee of an institution of higher
185education if the grievance hearing relates to the non-faculty employee's:
186(a) demotion; or
187(b) termination.
188   (5) Acknowledging that the Legislature has the authority to regulate, by law, firearms at
189higher education institutions, the board may:
190(a) authorize higher education institutions to establish no more than one secure area at
191each institution as a hearing room in accordance with Section 76-8-311.1, but not
192otherwise restrict the lawful possession or carrying of firearms; and
193(b) authorize a higher education institution to make a policy that allows a resident of a
194dormitory located at the institution to request only roommates who [are not licensed
195to carry a concealed firearm under Section 53-5a-303 or Section 53-5a-305] choose
196not to possess firearms in the resident's dorm that the roommates may otherwise
197lawfully possess in the dormitory.
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198  (6) In addition to the requirements and penalty prescribed in Sections 76-8-311.1 and
199      76-8-311.2, the board shall make rules to ensure:
200      (a) the use of reasonable means such as mechanical, electronic, x-ray, or similar devices,
201to detect firearms, ammunition, or dangerous weapons contained in the personal
202property of or on the person of any individual attempting to enter a secure area
203hearing room;
204      (b) that an individual required or requested to attend a hearing in a secure area hearing
205room is notified in writing of the requirements related to entering a secure area
206hearing room under this Subsection (6)(b) and Section 76-8-311.1;
207      (c) that the restriction of firearms, ammunition, or dangerous weapons in the secure area
208hearing room is in effect only during the time the secure area hearing room is in use
209for hearings and for a reasonable time before and after the hearing; and
210      (d) the application of reasonable space limitations to the secure area hearing room as the
211number of individuals involved in a typical hearing warrants.
212  (7) The board and institutions may enforce the rules, regulations, and policies described in
213      this section in any reasonable manner, including the assessment of fees, fines, and
214      forfeitures, through:
215      (a) withholding from money owed the violator;
216      (b) the imposition of probation, suspension, or expulsion from the institution;
217      (c) the revocation of privileges;
218      (d) the refusal to issue certificates, degrees, and diplomas;
219      (e) judicial process; or
220      (f) any reasonable combination of the alternatives described in this Subsection (7).
221Section 3. Section 76-11-205 is amended to read:
22276-11-205 . Carrying a dangerous weapon at an elementary school or secondary
223  school.
224  (1)(a) As used in this section, "on or about school premises" means:
225(i) in a public or private elementary school or secondary school; or
226(ii) on the grounds of a private elementary school or secondary school.
227      (b) Terms defined in Sections 76-1-101.5, 76-11-101, and 76-11-201 apply to this
228section.
229  (2) An actor commits carrying a dangerous weapon at an elementary school or secondary
230      school if the actor:
231      (a) is not an individual listed in Subsection (4);
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232(b) carries a dangerous weapon on or about school premises; and
233(c) knows or reasonably believes that the actor is on or about school premises at the time
234the actor carries the dangerous weapon.
235   (3)(a) A violation of Subsection (2) is a class B misdemeanor if the dangerous weapon
236carried by the actor is not a firearm.
237(b) A violation of Subsection (2) is a class A misdemeanor if the dangerous weapon
238carried by the actor is a firearm.
239   (4) This section does not apply if:
240(a) the actor is an individual exempt from certain weapons laws as described in Section
24153-5a-108;
242(b) the actor is 21 years old or older and has a concealed carry permit as described in
243Section 53-5a-303 and is carrying the actor's dangerous weapon in a concealed
244manner unless lawfully responding to an active threat in accordance with Section
24576-2-402, 76-2-405, or 76-2-407;
246(c) the actor is 21 years old or older and has a temporary concealed carry permit issued
247under Section 53-5a-305 and is carrying the actor's dangerous weapon in a concealed
248manner unless lawfully responding to an active threat in accordance with Section 76
249-2-402, 76-2-405, or 76-2-407;
250(d) the actor is carrying the dangerous weapon at the actor's place of residence or on the
251actor's real property;
252(e) the possession of the dangerous weapon is approved by the responsible school
253administrator;
254(f) the dangerous weapon is present or to be used in connection with a lawful, approved
255activity and is in the possession or under the control of the actor responsible for the
256dangerous weapon's possession or use;
257(g) the actor is an armed school security guard as described in Section 53G-8-704; or
258(h) the actor is carrying the dangerous weapon in a vehicle lawfully under the actor's
259control, not including a vehicle owned by the school or used by the school to
260transport students.
261   (5) This section does not:
262(a) prohibit prosecution of another criminal offense that may occur on or about school
263premises; or
264(b) prevent an actor from securely storing a firearm on the grounds of a school if the
265actor:
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266(i) participates in:
267(A) the school guardian program created in Section 53-22-105; or
268(B) the Educator-Protector Program created in Section 53-22-107; and
269(ii) complies with the requirements for securely storing the firearm described in
270Subsection 53-22-107(5)(a).
271Section 4. Section 76-11-205.5 is amended to read:
27276-11-205.5 . Openly carrying a dangerous weapon at an institution of higher
273  education.
274  (1)(a) As used in this section[,] :
275(i) "Institution of higher education" means the same as that term is defined in Section
27653H-1-101.
277(ii) [ "on] "On or about school premises" means:
278[(a)] (A) in [a public or private ] an institution of higher education; or
279[(b)] (B) on the grounds of a [public or private] an institution of higher education.
280      (b) Terms defined in Sections 76-1-101.5, 76-11-101, and 76-11-201 apply to this
281section.
282  (2) An actor commits openly carrying a dangerous weapon at an institution of higher
283      education if[ the actor]:
284      [(a) is not an individual listed in Subsection (4);]
285      [(b)] (a) the actor intentionally carries a dangerous weapon on or about school premises;[
286and]
287      (b) the actor intentionally carries the dangerous weapon in a manner that the dangerous
288weapon is visible to the ordinary observation of a reasonable person;
289      (c) the dangerous weapon is not covered, hidden, or secreted in a way that would make
290the dangerous weapon's presence unobservable to the ordinary observation of a
291reasonable person; and
292      [(c)] (d) the actor knows, or reasonably believes, that the actor is on or about school
293premises at the time the actor carries the dangerous weapon.
294  (3)[(a) A violation of Subsection (2) is a class B misdemeanor if the dangerous weapon
295      carried by the actor is not a firearm.]
296      [(b)] A violation of Subsection (2) is a class [A] (C) misdemeanor[ if the dangerous
297weapon carried by the actor is a firearm].
298  (4) This section does not apply if:
299      (a) the actor is an individual exempt from certain weapons laws as described in Section
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30053-5a-108;
301(b) the actor is lawfully concealing the dangerous weapon and accidentally or
302inadvertently exposes the dangerous weapon to public view;
303(c) the actor is openly carrying the dangerous weapon while lawfully responding to an
304active threat in accordance with Section 76-2-402, 76-2-405, or 76-2-407;
305[(b) the actor has a concealed carry permit as described in Section 53-5a-303;]
306[(c) the actor has a provisional concealed carry permit as described in Section 53-5a-304;]
307[(d) the actor has a temporary concealed carry permit issued under Section 53-5a-305;]
308[(e)] (d) the actor is openly carrying the dangerous weapon at the actor's place of
309residence or on the actor's real property;
310[(f)] (e) the [possession of the dangerous weapon] open carrying of the dangerous weapon
311is approved by the responsible school administrator;
312[(g)] (f) the dangerous weapon is present or to be used in connection with a lawful,
313approved activity and is in the possession or under the control of the actor
314responsible for the dangerous weapon's possession or use; or
315[(h)] (g) the actor is openly carrying the dangerous weapon in a vehicle lawfully under
316the actor's control, not including a vehicle owned by the school or used by the school
317to transport students.
318   (5) This section does not prohibit prosecution of another criminal offense that may occur on
319or about school premises.
320Section 5. Effective Date.
321   This bill takes effect on May 6, 2026.
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