SALT LAKE TRIBUNE16 Hours Ago

Q&A: Utah teachers and guns in schools

by Ray parker

Here's a look at questions about teachers and guns in Utah schools.

Q: What laws govern how Utah teachers handle guns in schools?

"We would like, as a practice, to have employees let their supervisor know if they carry as a safety measure. However, they aren't required to do so."

A: Utah school districts and charter schools must allow employees, including teachers, to carry firearms under state laws governing concealed weapon permit holders. Salt Lake City School District spokesman Jason Olsen said employees with permits can carry in schools, but their weapons, as state law says, must remain concealed and in their personal possession.

Canyons School District policy acknowledges qualified people can obtain concealed weapon permits, but notes state law says a weapon is to be "covered, hidden or secreted in a manner that the public would not be aware of its presence and is readily accessible for immediate use."

Possessing or using a weapon in a way that is not authorized by law will lead to discipline that can include termination, the policy states. Employees who have permits and use concealed weapons are acting as individuals, not district employees, it adds.

Q: Do teachers have to keep guns on their bodies or can they put a gun elsewhere, such as a locker, desk or purse?

A: It would be up to how the school district interprets "readily accessible for immediate use" in the concealed weapon law. Carol Lear, an attorney with the Utah State Office of Education, said the office hears that districts "read that section very strictly and narrowly."

That means most districts would not allow teachers to leave a gun in a desk, Lear said, but it would be OK to place it in a purse that they are carrying.

Q: What if a teacher leaves the gun somewhere else, such as in a restroom?

A: Lear said discipline would depend on each district since there are no State Office of Education or Utah Board of Education policies. District officials could also pursue tougher sanctions, such as revoking certification.

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Q: What happens if a teacher's firearm is shown either by accident or on purpose?

A: "If an individual with a concealed firearm permit accidentally exposes the concealed firearm, there is arguably no crime and no basis for revocation of the permit," the attorney general's office wrote in an email.

"However, it is a crime (class A misdemeanor) to draw or exhibit a dangerous weapon in an angry and threatening manner in the presence of two or more people," the A.G. wrote.

"If an angry teacher brandishes a gun in a classroom, the elements of this crime are likely met. Just be aware that hypothetical [situations] are always fraught with the lack of real life facts, which could very well change any legal analysis. ... For example, what if the 'angry teacher' was acting in self defense? or was acting to prevent a crime?"

Q: Does a teacher with a permit have to inform school administrators when they carry?

A: No. "If an employee has a concealed carry permit, they can carry," Christopher Williams, Davis School District spokesman, wrote in an email. "We would like, as a practice, to have employees let their supervisor know if they carry as a safety measure. However, they aren't required to do so."

Q: Do volunteers, parents or others visiting the school have the right to carry a firearm?

A: Yes. "We tell school districts individuals on school property with a concealed permit can carry," Lear said. "(School officials) can't ask about the permit because it's 'private information' [according to state law]."

Q: Why can't Utah public school districts ban weapons?

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Q&A: Utah teachers and guns in schools
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John Hames