H.B. 155

1

LAW ENFORCEMENT OFFICER AMENDMENTS
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Michael R. Styler
5 AN ACT RELATING TO PUBLIC SAFETY; PROVIDING A WAIVER OF SPECIFIC
6 REQUIREMENTS FOR A CONCEALED FIREARM PERMIT UNDER CERTAIN
7 CIRCUMSTANCES; WAIVING THE INITIAL APPLICATION FEE FOR A LAW
8 ENFORCEMENT OFFICER TO OBTAIN A CONCEALED FIREARM PERMIT; AND
9 MAKING TECHNICAL CORRECTIONS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 53-5-704, as last amended by Chapters 13, 187 and 404, Laws of Utah 1998
13 53-5-707, as last amended by Chapter 115, Laws of Utah 1996
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 53-5-704 is amended to read:
16 53-5-704. Division duties -- Permit to carry concealed firearm -- Requirements for
17 issuance -- Violation -- Denial, suspension, or revocation -- Appeal procedure.
18 (1) The division or its designated agent shall issue a permit to carry a concealed firearm
19 for lawful self defense to an applicant who is 21 years of age or older within 60 days after
20 receiving an application and upon proof that the person applying is of good character. The permit
21 is valid throughout the state, without restriction except as provided by Section 53-5-710 :
22 (a) for two years; or
23 (b) for five years for permits issued or renewed on or after May 1, 1998.
24 (2) An applicant satisfactorily demonstrates good character if he:
25 (a) has not been convicted of a felony;
26 (b) has not been convicted of any crime of violence;
27 (c) has not been convicted of any offenses involving the use of alcohol;

28 (d) has not been convicted of any offense involving the unlawful use of narcotics or other
29 controlled substances;
30 (e) has not been convicted of any offenses involving moral turpitude;
31 (f) has not been convicted of any offense involving domestic violence;
32 (g) has not been adjudicated by a court of a state or of the United States as mentally
33 incompetent, unless the adjudication has been withdrawn or reversed; and
34 (h) is qualified to purchase and possess a dangerous weapon and a handgun pursuant to
35 Section 76-10-503 and federal law.
36 (3) (a) The division may deny, suspend, or revoke a concealed firearm permit if the
37 licensing authority has reasonable cause to believe that the applicant has been or is a danger to self
38 or others as demonstrated by evidence including, but not limited to:
39 (i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
40 (ii) past participation in incidents involving unlawful violence or threats of unlawful
41 violence; or
42 (iii) conviction of any offense in violation of Title 76, Chapter 10, Part 5, Weapons.
43 (b) In determining whether the applicant has been or is a danger to self or others, the
44 division may inspect:
45 (i) expunged records of arrests and convictions of adults as provided in Section 77-18-15 ;
46 and
47 (ii) juvenile court records as provided in Section 78-3a-206 .
48 (c) (i) If a person granted a permit under this part has been charged with a crime of
49 violence in Utah or any other state, the division shall suspend the permit.
50 (ii) Upon notice of the acquittal of the person charged, or notice of the charges having been
51 dropped, the division shall immediately reinstate the suspended permit.
52 (4) A former peace officer who departs full-time employment as a peace officer, in an
53 honorable manner, shall be issued a concealed firearm permit within five years of that departure
54 if the officer meets the requirements of this section.
55 (5) In assessing good character under Subsection (2), the licensing authority shall consider
56 mitigating circumstances.
57 (6) [The] Except as provided in Subsection (7), the licensing authority shall also require
58 the applicant to provide:

59 (a) letters of character reference;
60 (b) two recent dated photographs;
61 (c) two sets of fingerprints;
62 (d) a five-year employment history;
63 (e) a five-year residential history; and
64 (f) evidence of general familiarity with the types of firearms to be concealed as defined in
65 Subsection [(7)] (8).
66 (7) An applicant who is a law enforcement officer under Section 53-13-103 may provide
67 a letter of good standing from the officer's commanding officer in place of the items required by
68 Subsections (6)(a), (d), (e), and (f).
69 [(7)] (8) (a) General familiarity with the types of firearms to be concealed includes training
70 in:
71 (i) the safe loading, unloading, storage, and carrying of the types of firearms to be
72 concealed; and
73 (ii) current laws defining lawful use of a firearm by a private citizen, including lawful
74 self-defense, use of deadly force, transportation, and concealment.
75 (b) Evidence of general familiarity with the types of firearms to be concealed may be
76 satisfied by one of the following:
77 (i) completion of a course of instruction conducted by any national, state, or local firearms
78 training organization approved by the division;
79 (ii) certification of general familiarity by a person who has been approved by the division,
80 which may include a law enforcement officer, military or civilian firearms instructor, or hunter
81 safety instructor; or
82 (iii) equivalent experience with a firearm through participation in an organized shooting
83 competition, law enforcement, or military service.
84 [(8)] (9) In issuing a permit under this part, the licensing authority is not vicariously liable
85 for damages caused by the permit holder.
86 [(9)] (10) If any person knowingly and willfully provides false information on an
87 application filed under this part, he is guilty of a class B misdemeanor, and his application may be
88 denied, or his permit may be suspended or revoked.
89 [(10)] (11) (a) In the event of a denial, suspension, or revocation by the agency, the

90 applicant may file a petition for review with the board within 60 days from the date the denial,
91 suspension, or revocation is received by the applicant by certified mail, return receipt requested.
92 (b) The denial of a permit shall be in writing and shall include the general reasons for the
93 action.
94 (c) If an applicant appeals his denial to the review board, the applicant may have access
95 to the evidence upon which the denial is based in accordance with Title 63, Chapter 2, Government
96 Records Access and Management Act.
97 (d) On appeal to the board, the agency shall have the burden of proof by a preponderance
98 of the evidence.
99 (e) Upon a ruling by the board on the appeal of a denial, the division shall issue a final
100 order within 30 days stating the board's decision. The final order shall be in the form prescribed
101 by Subsection 63-46b-5 (1)(i). The final order is final agency action for purposes of judicial review
102 under Section 63-46b-15 .
103 [(11)] (12) The commissioner may make rules in accordance with Title 63, Chapter 46a,
104 Utah Administrative Rulemaking Act, necessary to administer this chapter.
105 Section 2. Section 53-5-707 is amended to read:
106 53-5-707. Permit -- Fee -- Disposition.
107 (1) Each applicant for a permit shall pay a fee of $35 at the time of filing his application.
108 The initial fee shall be waived for an applicant who is a law enforcement officer under Section
109 53-13-103 .
110 (2) The renewal fee for the permit is $5.
111 (3) All fees shall promptly be deposited in the state treasury and credited to the General
112 Fund.
113 (4) The division may collect any fees charged by an outside agency for additional services
114 required by statute as a prerequisite for issuance of a permit. The division shall promptly forward
115 any fees collected to the appropriate agency.

Legislative Review Note
as of 1-28-99 12:44 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel