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Thread: BYU and 76-10-530

  1. #1
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    76-10-530 reads as follows:

    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 Title 53, Chapter 5, Part 7, Concealed Weapon Act, after notice has been given as provided in Subsection (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 the house of worship or private residence;
    (c) announcement, by a person with authority to act for the church or organization operating 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 generally circulated or available to the members of the congregation regularly meeting in the house of worship; or
    (e) publication in a newspaper of general circulation in the county in which the house of worship is located or the church or organization operating the house of worship has its principal office in this state.
    (3) A church or organization operating a house of worship and giving notice that firearms are prohibited may:
    (a) revoke the notice, with or without supersedure, by giving further notice in any manner provided in Subsection (2); and
    (b) provide or allow exceptions to the prohibition as the church or organization considers advisable.
    (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 a form and in a manner as the division shall prescribe.
    (ii) The division shall post on its website a list of the churches and organizations operating 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 until revoked or for a period of one year from the date the notice was originally given, whichever occurs first.
    (5) Nothing in this section permits an owner who has granted the lawful right of possession 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.


    In your minds, can this law be applied to BYU, or any parts of the BYU campus?

    Edit:FYI, 76-10-501 (13) says, ""House of worship" means a church, temple, synagogue, mosque, or other building set apart primarily for the purpose of worship in which religious services are held and the main body of which is kept for that use and not put to any other use inconsistent with its primary purpose."

  2. #2
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    BYU is private property. The most they can do to a non-student is to trespass them from that property.

    Almost all of the buildings on campus are used as houses of worship, so 76-10-530 might come into play. The penalty is so insignificant though, why worry.

    If you are a student, however, they can and probably will expel you if you are found to be packing. I carried for 2.5 of my 3.5 years there, however.

  3. #3
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    I would argue that BYU buildings are NOT houses of worship, based on the law you quoted above:
    ""House of worship" means a ... building set apart primarily for the purpose of worship in which religious services are held and the main body of which is kept for that use and not put to any other use inconsistent with its primary purpose."
    The buildings are primarily used for education for at least 5 out of the 7 days a week. True, they do hold worship services there on Sundays, and on some weeknights, but the primary purpose of the university is higher learning.

    I think if they want to restrict firearms on campus, they'd have to do it under private property laws. But, IANAL.

  4. #4
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    Matai wrote:
    I think if they want to restrict firearms on campus, they'd have to do it under private property laws. But, IANAL.
    And that is exactly how they do it.

    One building in particular could arguably be a house of worship 7 days a week and does not have any secular subject taught there, but the rest are as you said.

  5. #5
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    The Provo Temple adjacent to BYU is clearly a House of Worship. If there are any chapels on campus used PRIMARILY for worship, they would also qualify.

    But I don't think that holding church service on Sunday turns a physics lecture room into a house of worship under the definition in Utah law.

    That said, BYU is private property and can clearly require you to leave for ANY or no reason, INCLUDING having a firearm, a dirty magazine, wearing shorts, etc. None of this conduct is, in themselves, criminal. But refusal to leave when asked very well may be.

    That said, IANAL and you get what you pay for.

    I also believe that generally speaking, with the exception of commercial property open to the general public, we really ought to do our best to respect the wishes of private property owners. BYU doesn't want guns on campus so I generally avoid visiting campus. BYU students and employees are bound by honor code and/or employement contracts that ban firearms.
    All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thank heaven we do not permit a few to impose anarchy.

    "With Anarchy as an aim and as a means, Communism becomes possible."
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