(1)  As used in this section:

criminal case

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Terms Used In Utah Code 53-5a-103.5

  • Law enforcement agency: means an entity or division of:
(i) 
(A) the federal government, a state, or a political subdivision of a state;
(B) a state institution of higher education; or
(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and
(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
    • (a) 

    (i)  “Homeless shelter” means a permanent or temporary facility operated or owned by a local or state governmental entity that provides temporary shelter to homeless individuals and has the capacity to provide temporary shelter to at least 10 individuals per night.

    (ii)  “Homeless shelter” does not include a permanent or temporary facility operated by a local or state governmental entity that provides temporary shelter to individuals displaced due to a disaster or under a state of emergency.

    (b)  “Local or state governmental entity” means the same as that term is defined in Section 78B-6-2301.

    (2) 

    (a)  Except as provided in Subsection (2)(b) and subject to Subsection (3), a local or state governmental entity may prohibit the possession of a firearm within a homeless shelter over which the local or state government entity exercises authority.

    (b)  A local or state governmental entity may not prohibit the possession of a firearm on the grounds outside of a homeless shelter.

    (3)  If a local or state governmental entity prohibits the possession of a firearm under Subsection (2), the local or state governmental entity shall:

    (a)  display readily visible signage at all public entrances of the homeless shelter indicating that firearms are not permitted inside the homeless shelter;

    (b) 

    (i)  provide a means of detecting a firearm at all public entrances to the homeless shelter; and

    (ii)  ensure an individual is physically present at a public entrance to the homeless shelter when the public entrance to the homeless shelter is in use;

    (c)  provide secure storage for a firearm while an individual is inside the homeless shelter; and

    (d)  prohibit the collection of information about a firearm that is stored at the homeless shelter, including taking a photograph of the firearm or recording the serial number of the firearm.

    (4)  A stored firearm in a homeless shelter that is abandoned for more than seven days by the owner of the firearm may be relinquished by the homeless shelter to a law enforcement agency for disposal.

    Enacted by Chapter 428, 2022 General Session

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