76-10-530 - Trespass with a firearm in a house of worship or private residence -- Notice -- Penalty.
76-10-530. Trespass with a firearm in a house of worship or private residence --Notice -- Penalty.
(1) A person, including a person licensed to carry a concealed firearm pursuant to Title53, Chapter 5, Part 7, Concealed Weapon Act, after notice has been given as provided inSubsection (2) that firearms are prohibited, may not knowingly and intentionally:
(a) transport a firearm into:
(i) a house of worship; or
(ii) a private residence; or
(b) while in possession of a firearm, enter or remain in:
(i) a house of worship; or
(ii) a private residence.
(2) Notice that firearms are prohibited may be given by:
(a) personal communication to the actor by:
(i) the church or organization operating the house of worship;
(ii) the owner, lessee, or person with lawful right of possession of the private residence;or
(iii) a person with authority to act for the person or entity in Subsections (2)(a)(i) and (ii);
(b) posting of signs reasonably likely to come to the attention of persons entering thehouse of worship or private residence;
(c) announcement, by a person with authority to act for the church or organizationoperating the house of worship, in a regular congregational meeting in the house of worship;
(d) publication in a bulletin, newsletter, worship program, or similar document generallycirculated or available to the members of the congregation regularly meeting in the house ofworship; or
(e) publication:
(i) in a newspaper of general circulation in the county in which the house of worship islocated or the church or organization operating the house of worship has its principal office inthis state; and
(ii) as required in Section 45-1-101.
(3) A church or organization operating a house of worship and giving notice that firearmsare prohibited may:
(a) revoke the notice, with or without supersedure, by giving further notice in any mannerprovided in Subsection (2); and
(b) provide or allow exceptions to the prohibition as the church or organization considersadvisable.
(4) (a) (i) Within 30 days of giving or revoking any notice pursuant to Subsection (2)(c),(d), or (e), a church or organization operating a house of worship shall notify the division on aform and in a manner as the division shall prescribe.
(ii) The division shall post on its website a list of the churches and organizationsoperating houses of worship who have given notice under Subsection (4)(a)(i).
(b) Any notice given pursuant to Subsection (2)(c), (d), or (e) shall remain in effect untilrevoked or for a period of one year from the date the notice was originally given, whicheveroccurs first.
(5) Nothing in this section permits an owner who has granted the lawful right ofpossession to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm
in the residence.
(6) A violation of this section is an infraction.
Amended by Chapter 388, 2009 General Session