34-45-107 - Exemptions -- Limitations on chapter -- School premises -- Government entities -- Religious organizations -- Single family detached residential units.
34-45-107. Exemptions -- Limitations on chapter -- School premises -- Governmententities -- Religious organizations -- Single family detached residential units.
(1) (a) School premises, as defined in Subsection 76-3-203.2(1), are exempt from theprovisions of this chapter.
(b) Possession of a firearm on or about school premises is subject to the provisions of Section76-10-505.5.
(2) Government entities, including a local authority or state entity, are subject to therequirements of Title 53, Chapter 5a, Firearm Laws, but are otherwise exempt from the provisions ofthis chapter.
(3) Religious organizations, including religious organizations acting as an employer, are exemptfrom, and are not subject to the provisions of this chapter.
(4) Owner-occupied single family detached residential units and tenant-occupied single familydetached residential units are exempt from the provisions of this chapter.
(5) A person who is subject to federal law that specifically forbids the presence of a firearmfrom property designated for motor vehicle parking, or a person who is subject to Section 550 of theUnited States Department of Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295 orregulations enacted in accordance with that section, is exempt from Section 34-45-103 if:
(a) providing alternative parking or a storage location under Subsection 34-45-103(2)(a)would pose an undue burden on the person; and
(b) the person files a statement with the attorney general citing the federal law that forbids thepresence of a firearm and detailing the reasons why providing alternative parking or a storage locationposes an undue burden.
(6) A person who is subject to Section 550 of the United States Department of HomelandSecurity Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in accordance withthat section is exempt from this chapter if:
(a) the person has attempted to provide alternative parking or a storage location in accordancewith Subsection 34-45-103(2)(a);
(b) the secretary of the federal Department of Homeland Security notifies the person that theprovision of alternative parking or a storage location causes the person to be out of compliance withSection 550 of the United States Department of Homeland Security Appropriations Act of 2007, Pub.L. No. 109-295 or regulations enacted in accordance with that section and the person may be subjectto punitive measures; and
(c) the person files a detailed statement with the attorney general notifying the attorney generalof the facts under Subsections (6)(a) and (b).
Enacted by Chapter 379, 2009 General Session