(1) (a) As used in this section, "on or about school premises" means: (i) in a public or private elementary school or secondary school; or (ii) on the grounds of a private elementary school or secondary school. (b) Terms defined in Sections 76-1-101.5 , 76-11-101 , and 76-11-201 apply to this section. (2) An actor commits carrying a dangerous weapon at an elementary school or secondary school if the actor: (a) is not an individual listed in Subsection (4) ; (b) carries a dangerous weapon on or about school premises; and (c) knows or reasonably believes that the actor is on or about school premises at the time the actor carries the dangerous weapon. (3) (a) A violation of Subsection (2) is a class B misdemeanor if the dangerous weapon carried by the actor is not a firearm. (b) A violation of Subsection (2) is a class A misdemeanor if the dangerous weapon carried by the actor is a firearm. (4) This section does not apply if: (a) the actor is an individual exempt from certain weapons laws as described in Section 53-5a-108 ; (b) the actor is 21 years old or older and has a concealed carry permit as described in Section 53-5a-303 and is carrying the actor's dangerous weapon in a concealed manner unless lawfully responding to an active threat in accordance with Section 76-2-402 , 76-2-405 , or 76-2-407 ; (c) the actor is 21 years old or older and has a temporary concealed carry permit issued under Section 53-5a-305 and is carrying the actor's dangerous weapon in a concealed manner unless lawfully responding to an active threat in accordance with Section 76 -2-402, 76-2-405 , or 76-2-407 ; (d) the actor is carrying the dangerous weapon at the actor's place of residence or on the actor's real property; (e) the possession of the dangerous weapon is approved by the responsible school administrator; (f) the dangerous weapon is present or to be used in connection with a lawful, approved activity and is in the possession or under the control of the actor responsible for the dangerous weapon's possession or use; (g) the actor is an armed school security guard as described in Section 53G-8-704 ; or (h) the actor is carrying the dangerous weapon in a vehicle lawfully under the actor's control, not including a vehicle owned by the school or used by the school to transport students. (5) This section does not: (a) prohibit prosecution of another criminal offense that may occur on or about school premises; or (b) prevent an actor from securely storing a firearm on the grounds of a school if the actor: (i) participates in: (A) the school guardian program created in Section 53-22-105 ; or (B) the Educator-Protector Program created in Section 53-22-107 ; and (ii) complies with the requirements for securely storing the firearm described in Subsection 53-22-107(5)(a) .
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