Possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises -- Penalties.
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(1) As used in this section, "on or about school premises" means:
(a)
(i) in a public or private elementary or secondary school; or
(ii) on the grounds of any of those schools;
(b)
(i) in a public or private institution of higher education; or
(ii) on the grounds of a public or private institution of higher education; and
(iii)
(A) inside the building where a preschool or child care is being held, if the entire building is being used for the operation of the preschool or child care; or
(B) if only a portion of a building is being used to operate a preschool or child care, in that room or rooms where the preschool or child care operation is being held.
(2) A person may not possess any dangerous weapon, firearm, or short barreled shotgun, as those terms are defined in Section 76-10-501, at a place that the person knows, or has reasonable cause to believe, is on or about school premises as defined in this section.
(3)
(a) Possession of a dangerous weapon on or about school premises is a class B misdemeanor.
(b) Possession of a firearm or short barreled shotgun on or about school premises is a class A misdemeanor.
(4) 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 person is authorized to possess a firearm as provided under Section 53-5-704.5, unless the person is in a location where the person is prohibited from carrying a firearm under Subsection 53-5-710(2);
(c) the possession is approved by the responsible school administrator;
(d) the item is present or to be used in connection with a lawful, approved activity and is in the possession or under the control of the person responsible for its possession or use; or
(e) the possession is:
(i) at the person's place of residence or on the person's property; or
(ii) in any vehicle lawfully under the person's control, other than a vehicle owned by the school or used by the school to transport students.
(5) This section does not prohibit prosecution of a more serious weapons offense that may occur on or about school premises.