76-10-529 - Possession of dangerous weapons, firearms, or explosives in airport secure areas prohibited -- Penalty.
76-10-529. Possession of dangerous weapons, firearms, or explosives in airportsecure areas prohibited -- Penalty.
(1) As used in this section:
(a) "Airport authority" has the same meaning as defined in Section 72-10-102.
(b) "Dangerous weapon" is the same as defined in Section 76-10-501.
(c) "Explosive" is the same as defined for "explosive, chemical, or incendiary device" inSection 76-10-306.
(d) "Firearm" is the same as defined in Section 76-10-501.
(2) (a) Within a secure area of an airport established pursuant to this section, a person,including a person licensed to carry a concealed firearm under Title 53, Chapter 5, Part 7,Concealed Weapon Act, is guilty of:
(i) a class A misdemeanor if the person knowingly or intentionally possesses anydangerous weapon or firearm;
(ii) an infraction if the person recklessly or with criminal negligence possesses anydangerous weapon or firearm; or
(iii) a violation of Section 76-10-306 if the person transports, possesses, distributes, orsells any explosive, chemical, or incendiary device.
(b) Subsection (2)(a) does not apply to:
(i) persons exempted under Section 76-10-523; and
(ii) members of the state or federal military forces while engaged in the performance oftheir official duties.
(3) An airport authority, county, or municipality regulating the airport may:
(a) establish any secure area located beyond the main area where the public generallybuys tickets, checks and retrieves luggage; and
(b) use reasonable means, including mechanical, electronic, x-ray, or any other device, todetect dangerous weapons, firearms, or explosives concealed in baggage or upon the person ofany individual attempting to enter the secure area.
(4) At least one notice shall be prominently displayed at each entrance to a secure area inwhich a dangerous weapon, firearm, or explosive is restricted.
(5) Upon the discovery of any dangerous weapon, firearm, or explosive, the airportauthority, county, or municipality, the employees, or other personnel administering the securearea may:
(a) require the individual to deliver the item to the air freight office or airline ticketcounter;
(b) require the individual to exit the secure area; or
(c) obtain possession or retain custody of the item until it is transferred to lawenforcement officers.
Amended by Chapter 169, 2004 General Session