HB 180

01-20 14:44  2nd Sub. (Gray) H.B. 180
  Andrew Stoddard proposes the following substitute bill:
1Dangerous Weapons at Daycares and Schools
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Andrew Stoddard
  Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill amends provisions related to dangerous weapons at daycares and schools.
6   Highlighted Provisions:
7This bill:
8▸ clarifies that an individual who has a concealed carry permit may not open carry a
9   dangerous weapon on the grounds of a daycare or a public or private elementary school
10   or secondary school unless the individual is lawfully responding to an active threat; and
11▸ makes technical and conforming changes.
12   Money Appropriated in this Bill:
13None
14   Other Special Clauses:
15None
16   Utah Code Sections Affected:
17   AMENDS:
  2nd Sub. H.B. 180
1853-5a-102.2, as enacted by Laws of Utah 2025, Chapter 208
1976-11-205, as renumbered and amended by Laws of Utah 2025, Chapters 173, 208
2076-11-206, as enacted by Laws of Utah 2025, Chapter 208
21
22   Be it enacted by the Legislature of the state of Utah:
23Section 1. Section 53-5a-102.2 is amended to read:
2453-5a-102.2 . Open and concealed carry of a firearm outside of an individual's
25   residence.
26   (1) To effectuate the Second Amendment to the United States Constitution and Utah
27Constitution, Article I, Section 6, that prohibit the infringement of the right of the people
28of Utah to keep and bear arms for security and defense of self, family, others, property,
29or the state, as well as for other lawful purposes, and consistent with the Legislature's
2nd Sub. (Gray) H.B. 180  01-20 14:44
30ability to define the lawful use of arms:
31(a) subject to Subsections (2)(a) and (b), an individual 18 years old or older but younger
32than 21 years old without a provisional carry permit issued under Section 53-5a-305
33may only carry in an open manner:
34(i) an unloaded rifle, shotgun, or muzzle-loading rifle in a vehicle in which the
35individual is lawfully present;
36(ii) an unloaded or loaded handgun in a vehicle in which the individual is lawfully
37present; and
38(iii) an unloaded firearm that the individual may otherwise lawfully carry, on a public
39street;
40(b) subject to Subsections (2)(a) and (b), an individual 21 years old or older may open or
41conceal carry, without a conceal carry permit:
42(i) an unloaded or loaded firearm:
43(A) on a public street; or
44(B) in any other place not prohibited by, or pursuant to, state statute or federal law;
45(ii) an unloaded or loaded handgun in a vehicle in which the individual is lawfully
46present; and
47(iii) an unloaded rifle, shotgun, or muzzle-loading rifle in a vehicle in which the
48individual is lawfully present; and
49(c) subject to Subsections (2)(c) and (d), an individual 18 years old or older with a
50concealed carry permit issued under Section 53-5a-303, a temporary concealed carry
51permit issued under Section 53-5a-304, a provisional concealed carry permit issued
52under Section 53-5a-305, or a concealed carry permit lawfully issued by or in another
53state, may open or conceal carry a loaded or unloaded firearm:
54(i) in a vehicle in which the individual is lawfully present;
55(ii) on a public street; or
56(iii) in any other place not prohibited by, or pursuant to, state statute or federal law.
57   (2)(a) An individual openly carrying a firearm under Subsection (1)(a) or (b) without a
58concealed carry permit may not carry the firearm:
59(i) in a secure area established in accordance with Section 76-8-311.1 in which
60dangerous weapons are prohibited and notice of the prohibition is posted;
61(ii) on or about the premises of a public or private elementary school or secondary
62school as described in Section 76-11-205;
63(iii) on or about the premises of an institution of higher education as described in
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64Section 76-11-205.5;
65(iv) on or about the premises of a daycare as described in Section 76-11-206;
66(v) in an airport secure area as described in Section 76-11-218;
67(vi) in a house of worship or in any private residence where dangerous weapons are
68prohibited as described in Section 76-11-219; or
69(vii) in any other place prohibited by, or pursuant to, another state statute or federal
70law.
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) openly carry the firearm, unless lawfully responding to an active threat in
96accordance with Section 76-2-402, 76-2-405, or 76-2-407:
97(A) on or about the premises of a public or private elementary school or secondary
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98school as described in Section 76-11-205; or
99(B) on or about the premises of a daycare as described in Section 76-11-206.
100(d) In addition to the [locations] restrictions described in Subsection (2)(c):
101(i) an individual 18 years old but younger than 21 years old with a provisional
102concealed carry permit under Section 53-5a-304 may not carry the firearm in any
103manner on or about the premises of a public or private elementary school or
104secondary school as described in Section 76-11-205; and
105(ii) an individual concealing a firearm only with a concealed carry permit lawfully
106issued by or in another state may not carry the firearm in any manner:
107(A) on or about the premises of a public or private elementary school or secondary
108school as described in Section 76-11-205;
109(B) on or about the premises of an institution of higher education as described in
110Section 76-11-205.5; or
111(C) on or about the premises of a daycare as described in Section 76-11-206.
112   (3) This section does not prohibit:
113(a) the owner or lawful possessor of a vehicle from prohibiting another individual from
114carrying a firearm in the owner or lawful possessor's vehicle; or
115(b) except as provided in Section 53-5a-102.3, the owner or lawful lessee of private real
116property from prohibiting another individual from possessing a firearm on the
117property.
118   (4) An individual is lawfully present in a vehicle while carrying a firearm under this section
119if:
120(a) the vehicle is in the lawful possession of the individual; or
121(b) the individual has the consent of the person lawfully in possession of the vehicle to
122carry the firearm in the vehicle.
123Section 2. Section 76-11-205 is amended to read:
12476-11-205 . Carrying a dangerous weapon at an elementary school or secondary
125   school.
126   (1)(a) As used in this section, "on or about school premises" means:
127(i) in a public or private elementary school or secondary school; or
128(ii) on the grounds of a private elementary school or secondary school.
129(b) Terms defined in Sections 76-1-101.5, 76-11-101, and 76-11-201 apply to this
130section.
131   (2) An actor commits carrying a dangerous weapon at an elementary school or secondary
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132school if the actor:
133(a) is not an individual listed in Subsection (4);
134(b) carries a dangerous weapon on or about school premises; and
135(c) knows or reasonably believes that the actor is on or about school premises at the time
136the actor carries the dangerous weapon.
137   (3)(a) A violation of Subsection (2) is a class B misdemeanor if the dangerous weapon
138carried by the actor is not a firearm.
139(b) A violation of Subsection (2) is a class A misdemeanor if the dangerous weapon
140carried by the actor is a firearm.
141   (4) This section does not apply if:
142(a) the actor is an individual exempt from certain weapons laws as described in Section
14353-5a-108;
144(b) the actor is 21 years old or older and has a concealed carry permit as described in
145Section 53-5a-303 and is carrying the actor's dangerous weapon in a concealed
146manner unless lawfully responding to an active threat in accordance with Section
14776-2-402, 76-2-405, or 76-2-407;
148(c) the actor is 21 years old or older and has a temporary concealed carry permit issued
149under Section 53-5a-305 and is carrying the actor's dangerous weapon in a concealed
150manner unless lawfully responding to an active threat in accordance with Section
15176-2-402, 76-2-405, or 76-2-407;
152(d) the actor is carrying the dangerous weapon at the actor's place of residence or on the
153actor's real property;
154(e) the possession of the dangerous weapon is approved by the responsible school
155administrator;
156(f) the dangerous weapon is present or to be used in connection with a lawful, approved
157activity and is in the possession or under the control of the actor responsible for the
158dangerous weapon's possession or use;
159(g) the actor is an armed school security guard as described in Section 53G-8-704; or
160(h) the actor is carrying the dangerous weapon in a vehicle lawfully under the actor's
161control, not including a vehicle owned by the school or used by the school to
162transport students.
163   (5) This section does not:
164(a) prohibit prosecution of another criminal offense that may occur on or about school
165premises; or
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166(b) prevent an actor from securely storing a firearm on the grounds of a school if the
167actor:
168(i) participates in:
169(A) the school guardian program created in Section 53-22-105; or
170(B) the Educator-Protector Program created in Section 53-22-107; and
171(ii) complies with the requirements for securely storing the firearm described in
172Subsection 53-22-107(5)(a).
173Section 3. Section 76-11-206 is amended to read:
17476-11-206 . Carrying a dangerous weapon at a daycare.
175   (1)(a) As used in this section:
176(i) "Daycare" means a preschool or child care center.
177(ii) "On or about daycare premises" means:
178(A) inside the building where a daycare is being held, if the entire building is
179being used for the operation of the daycare; or
180(B) if only a portion of a building is being used to operate a daycare, in the room
181or rooms where the daycare operation is being held.
182(b) Terms defined in Sections 76-1-101.5, 76-11-101, and 76-11-201 apply to this
183section.
184   (2) An actor commits carrying a dangerous weapon at a daycare if the actor:
185(a) is not an individual listed in Subsection (4);
186(b) carries a dangerous weapon on or about daycare premises; and
187(c) has reasonable cause to believe that the actor is on or about daycare premises at the
188time the actor carried the dangerous weapon.
189   (3)(a) A violation of Subsection (2) is a class B misdemeanor if the dangerous weapon
190carried by the actor is not a firearm.
191(b) A violation of Subsection (2) is a class A misdemeanor if the dangerous weapon
192carried by the actor is a firearm.
193   (4) This section does not apply if:
194(a) the actor is an individual exempted from certain weapons laws as described in
195Section 53-5a-108;
196(b) the actor has a concealed carry permit as described in Section 53-5a-303 and is
197carrying the actor's dangerous weapon in a concealed manner unless lawfully
198responding to an active threat in accordance with Section 76-2-402, 76-2-405, or
19976-2-407;
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200(c) the actor has a provisional concealed carry permit as described in Section 53-5a-304
201and is carrying the actor's dangerous weapon in a concealed manner unless lawfully
202responding to an active threat in accordance with Section 76-2-402, 76-2-405, or
20376-2-407;
204(d) the actor has a temporary concealed carry permit issued under Section 53-5a-305 and
205is carrying the actor's dangerous weapon in a concealed manner unless lawfully
206responding to an active threat in accordance with Section 76-2-402, 76-2-405, or
20776-2-407;
208(e) the actor is carrying the dangerous weapon at the actor's place of residence or on the
209actor's real property;
210(f) the actor's carrying of the dangerous weapon is approved by the responsible daycare
211administrator;
212(g) the dangerous weapon is present or to be used in connection with a lawful, approved
213activity and is in the possession or under the control of the actor responsible for the
214dangerous weapon's possession or use; or
215(h) the actor is carrying the dangerous weapon in a vehicle lawfully under the actor's
216control, not including a vehicle owned by the daycare or used by the daycare to
217transport minors enrolled in the daycare.
218   (5) This section does not prohibit the prosecution of another criminal offense that may
219occur on or about daycare premises.
220Section 4. Effective Date.
221   This bill takes effect on May 6, 2026.
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