As others have pointed out, to minimize the number of off limits locations you need both a short list of actual, legit off limit locations, and strong State preemption to prevent local governments, school districts, transit authorities, counties, recreational districts, sewer districts, etc from creating a patchwork of laws.
Utah’s State Preemption law is:
Utah Code said:
76-10-500. Uniform law.
(1) The individual right to keep and bear arms being a constitutionally protected right, the Legislature finds the need to provide uniform laws throughout the state. Except as specifically provided by state law, a citizen of the United States or a lawfully admitted alien shall not be:
(a) prohibited from owning, possessing, purchasing, selling, transferring, transporting, or keeping any firearm at his place of residence, property, business, or in any vehicle lawfully in his possession or lawfully under his control; or
(b) required to have a permit or license to purchase, own, possess, transport, or keep a firearm.
(2) This part is uniformly applicable throughout this state and in all its political subdivisions and municipalities. All authority to regulate firearms shall be reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities. Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact or enforce any ordinance, regulation, or rule pertaining to firearms.
It is backed up by this tidbit in the
Definitions Section for this Chapter:
Utah Code said:
76-10-501. Definitions.
As used in this part:
…
(20) "State entity" means a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state.
It took a
Utah Supreme Court Decision to persuade a couple of State owned colleges/universities that they are actually subject to State Preemption and had to permit lawful possession of firearm on campus. Between this decision and our preemption law, school districts cannot have anti-RKBA employment policies and so any teacher or other school employee with a permit to carry is free to carry on-the-job.
Our State preemption prevents our Wildlife Resource Office from passing rules against RKBA while hunting, during hunting season, etc. They can properly limit what can be used for hunting, but cannot interfere with what you carry if you don’t use it for hunting. IOW, perfectly legal to carry a self-defense firearm while on the bow hunt, you just can't use the gun for hunting.
Excepting federal law, any government official claiming that there is a “no gun” area somewhere in Utah, has to be able to point to a specific grant of authority from the State Legislature to create and maintain that secure area. Secure areas must be prominently posted (with one notable exception), and must provide secure storage for persons legally entering the secure area.
Our list of off limits locations is contained
here and
here plus our definition of school zones.
Off limit locations include jails/prisons (not publicly accessible areas of the police station, but just jails/prisons), secure mental facilities, the sterile area of commercial airports, and court rooms. In addition to these, a private residence may post as a “gun free” area and guns are then prohibited under State law. Ditto for Houses of Worship. Due to a unique situation in Utah, Houses of Worship are allowed to give notice in a less than prominent manner if they want to.
That is it for State areas. Gun bans at other private locations carry no force of law except as may be imposed by general trespassing laws if someone refuses to leave if asked.
A couple of things to be careful of:
1-We made the mistake of allowing jails and courts and such to create secure areas if they wanted to, but imposed the requirement to have storage if they did. Our judges balked at this and refused to install store, thus not being legislatively defined off limits locations. They then turned around and used their co-equal branch powers to declare guns were not permitted in courts. Rather than a 3rd degree (lowest level) felony for violating a statutory secure area, violators are subject to simple contempt of court. But, there is no storage. My suggestion is to not give any options in statute. Stake out secure areas and mandate storage.
2-Our State Gun Free School Zone law includes not just K-12 as does federal law, but also includes all post secondary schools including colleges, universities, trade/tech schools, etc as well as pre-schools and day cares. A permit to carry exempts one from this gun ban, but it makes permit free carry at colleges impossible. We did remove the 1000’ rule from our State version of GFSZ law recently, though the federal 1000’ rule is still in place of course. I suggest not including anything beyond K-12 in any State GFSZ law, or even eliminating the law entirely letting the feds enforce their own laws. You should consider not including anything off actual school property if you do have to retain a State GFSZ law.
Best of luck.
Charles Hardy
GOUtah!
Edit: I always forget that trains and buses are off limits to guns (or maybe just concealed guns, some debate) in Utah unless the person has a permit since I have a permit and really avoid buses and trains. But violation is a felony. There is a bill filed this year to remove that prohibition.