HB 166

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1Open Carry of a Firearm Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Verona Mauga
  Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill addresses the open carrying of a firearm.
6   Highlighted Provisions:
7This bill:
8▸ defines terms;
9▸ creates the offense of prohibited open carry of a firearm at a large public gathering; and
10▸ makes technical and conforming changes.
11   Money Appropriated in this Bill:
12None
13   Other Special Clauses:
14None
15   Utah Code Sections Affected:
16   AMENDS:
1753-5a-102.2, as enacted by Laws of Utah 2025, Chapter 208
18   ENACTS:
1976-11-221, Utah Code Annotated 1953
20
21   Be it enacted by the Legislature of the state of Utah:
22Section 1. Section 53-5a-102.2 is amended to read:
2353-5a-102.2 . Open and concealed carry of a firearm outside of an individual's
  H.B. 166
24   residence.
25   (1) To effectuate the Second Amendment to the United States Constitution and Utah
26Constitution, Article I, Section 6, that prohibit the infringement of the right of the people
27of Utah to keep and bear arms for security and defense of self, family, others, property,
28or the state, as well as for other lawful purposes, and consistent with the Legislature's
29ability to define the lawful use of arms:
30(a) subject to Subsections (2)(a) and (b), an individual 18 years old or older but younger
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31than 21 years old without a provisional carry permit issued under Section 53-5a-305
32may only carry in an open manner:
33(i) an unloaded rifle, shotgun, or muzzle-loading rifle in a vehicle in which the
34individual is lawfully present;
35(ii) an unloaded or loaded handgun in a vehicle in which the individual is lawfully
36present; and
37(iii) an unloaded firearm that the individual may otherwise lawfully carry, on a public
38street;
39      (b) subject to Subsections (2)(a) and (b), an individual 21 years old or older may open or
40conceal carry, without a conceal carry permit:
41(i) an unloaded or loaded firearm:
42(A) on a public street; or
43(B) in any other place not prohibited by, or pursuant to, state statute or federal law;
44(ii) an unloaded or loaded handgun in a vehicle in which the individual is lawfully
45present; and
46(iii) an unloaded rifle, shotgun, or muzzle-loading rifle in a vehicle in which the
47individual is lawfully present; and
48      (c) subject to Subsections (2)(c) and (d), an individual 18 years old or older with a
49concealed carry permit issued under Section 53-5a-303, a temporary concealed carry
50permit issued under Section 53-5a-304, a provisional concealed carry permit issued
51under Section 53-5a-305, or a concealed carry permit lawfully issued by or in another
52state, may open or conceal carry a loaded or unloaded firearm:
53(i) in a vehicle in which the individual is lawfully present;
54(ii) on a public street; or
55(iii) in any other place not prohibited by, or pursuant to, state statute or federal law.
56  (2)(a) An individual openly carrying a firearm under Subsection (1)(a) or (b) without a
57      concealed carry permit may not carry the firearm:
58(i) in a secure area established in accordance with Section 76-8-311.1 in which
59dangerous weapons are prohibited and notice of the prohibition is posted;
60(ii) on or about the premises of a public or private elementary school or secondary
61school as described in Section 76-11-205;
62(iii) on or about the premises of an institution of higher education as described in
63Section 76-11-205.5;
64(iv) on or about the premises of a daycare as described in Section 76-11-206;
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65(v) in an airport secure area as described in Section 76-11-218;
66(vi) in a house of worship or in any private residence where dangerous weapons are
67prohibited as described in Section 76-11-219;
68(vii) within 500 feet of a large public gathering as described in Section 76-11-221; or
69[(vii)] (viii) in any other place prohibited by, or pursuant to, another state statute or
70federal law.
71      (b) An individual 21 years old or older concealing a firearm without a concealed carry
72permit under Subsection (1)(b) may not carry the firearm:
73(i) in a secure area established in accordance with Section 76-8-311.1 in which
74dangerous weapons are prohibited and notice of the prohibition is posted;
75(ii) on or about the school premises of a public or private elementary school or
76secondary school as described in Section 76-11-205;
77(iii) on or about the premises of an institution of higher education as described in
78Section 76-11-205.5;
79(iv) on or about a daycare premises as described in Section 76-11-206;
80(v) in an airport secure area as described in Section 76-11-218;
81(vi) in a house of worship or in any private residence where dangerous weapons are
82prohibited as described in Section 76-11-219; or
83(vii) in any other place prohibited by, or pursuant to, another state statute or federal
84law.
85      (c) Subject to Subsection (2)(d), an individual with a concealed carry permit under
86Subsection (1)(c) may not:
87(i) [ ]carry the firearm in any manner:
88[(i)] (A) in a secure area established in accordance with Section 76-8-311.1 in
89which dangerous weapons are prohibited and notice of the prohibition posted;
90[(ii)] (B) in an airport secure area as described in Section 76-11-218;
91[(iii)] (C) in a house of worship or in any private residence where dangerous
92weapons are prohibited as described in Section 76-11-219; or
93[(iv)] (D) in any other place prohibited by, or pursuant to, another state statute or
94federal law[.] ; or
95(ii) open carry the firearm within 500 feet of a large public gathering as described in
96Section 76-11-221.
97      (d) In addition to the locations described in Subsection (2)(c):
98(i) an individual 18 years old but younger than 21 years old with a provisional
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99concealed carry permit under Section 53-5a-304 may not carry the firearm in any
100manner on or about the premises of a public or private elementary school or
101secondary school as described in Section 76-11-205; and
102(ii) an individual concealing a firearm only with a concealed carry permit lawfully
103issued by or in another state may not carry the firearm in any manner:
104(A) on or about the premises of a public or private elementary school or secondary
105school as described in Section 76-11-205;
106(B) on or about the premises of an institution of higher education as described in
107Section 76-11-205.5; or
108(C) on or about the premises of a daycare as described in Section 76-11-206.
109  (3) This section does not prohibit:
110      (a) the owner or lawful possessor of a vehicle from prohibiting another individual from
111carrying a firearm in the owner or lawful possessor's vehicle; or
112      (b) except as provided in Section 53-5a-102.3, the owner or lawful lessee of private real
113property from prohibiting another individual from possessing a firearm on the
114property.
115  (4) An individual is lawfully present in a vehicle while carrying a firearm under this section
116      if:
117      (a) the vehicle is in the lawful possession of the individual; or
118      (b) the individual has the consent of the person lawfully in possession of the vehicle to
119carry the firearm in the vehicle.
120Section 2. Section 76-11-221 is enacted to read:
12176-11-221 . Prohibited open carry of a firearm at a large public gathering.
122  (1)(a) As used in this section:
123(i) "Large public gathering" means a group of 200 or more individuals who are
124gathered together at a public place for a joint purpose to participate in, or be a
125spectator at:
126(A) a demonstration;
127(B) a rally;
128(C) a protest;
129(D) a picket;
130(E) a march;
131(F) a parade;
132(G) a vigil; or
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133(H) another event held to allow individuals to express rights protected under the
134First Amendment to the United States Constitution and Utah Constitution,
135Article I, Section 15.
136(ii) "Public place" means a location owned by the state, or a political subdivision of
137the state, to which the public or a substantial group of the public has access.
138(b) Terms defined in Sections 76-1-101.5, 76-11-101, and 76-11-201 apply to this
139section.
140   (2) An actor commits prohibited open carry of a firearm at a public gathering if the actor:
141(a) openly carries a loaded or unloaded firearm within 500 feet of a large public
142gathering:
143(b) has been verbally notified by a law enforcement officer that a large public gathering
144is taking place and that open carrying of firearms is prohibited within 500 feet of the
145large public gathering; and
146(c) after receiving the verbal notification described in Subsection (2)(b), either:
147(i) fails to:
148(A) promptly conceal the firearm if lawful for the actor to do so; or
149(B) move more than 500 feet away from the large public gathering: or
150(ii)(A) initially complies with the notification and conceals the firearm if lawful
151for the actor to do so, or moves more than 500 feet away from the large public
152gathering; and
153(B) subsequently again openly carries a loaded or unloaded firearm within 500
154feet of the large public gathering.
155   (3) A violation of Subsection (2) is a class B misdemeanor.
156Section 3. Effective Date.
157   This bill takes effect on May 6, 2026.
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