Third Substitute H.B. 376

Representative Glenn A. Donnelson proposes to substitute the following bill:

1 CONCEALED WEAPON PERMIT HOLDERS -
2 RECOGNITION
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Glenn A. Donnelson
6 This act modifies provisions related to concealed carry permit holders. The act modifies
7 provisions allowing a person authorized to carry a concealed firearm in another state to
8 carry a concealed firearm in this state.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 76-10-523, as last amended by Chapters 57 and 144, Laws of Utah 1997
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 76-10-523 is amended to read:
14 76-10-523. Persons exempt from weapons laws.
15 (1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to any
16 of the following:
17 (a) a United States marshal [while engaged in the performance of his official duties];
18 (b) a federal official required to carry a firearm [while engaged in the performance of his
19 official duties];
20 (c) a peace officer of this or any other jurisdiction [while engaged in the performance of
21 his official duties];
22 (d) a law enforcement official as defined and qualified under Section 53-5-711 ;
23 (e) a judge as defined and qualified in Section 53-5-711 ;
24 (f) a common carrier while engaged in the regular and ordinary transport of firearms as
25 merchandise; or

26 (g) a nonresident traveling in or through the state, provided that any firearm is:
27 (i) unloaded; and
28 (ii) securely encased as defined in Section 76-10-501 .
29 (2) The provisions of Subsections 76-10-504 (1)(a), (1)(b), and Section 76-10-505 do not
30 apply to any person to whom a permit to carry a concealed firearm has been issued:
31 (a) pursuant to Section 53-5-704 ; or
32 [(b) by another state whose requirements for issuance of a concealed firearm permit have
33 been determined annually by the Department of Public Safety to meet or exceed the requirements
34 for issuance of a concealed firearm permit in this state.]
35 S [ h [] (b) by another state or county. [ ] ]
35a [ (b) BY ANOTHER STATE OR COUNTY THAT REQUIRES A CRIMINAL HISTORY
35b BACKGROUND CHECK PRIOR TO ISSUANCE OF A CONCEALED FIREARM PERMIT . h s
35c S (3) (a) NOTWITHSTANDING SUBSECTION (2), A CONCEALED FIREARM PERMIT ISSUED BY
35d ANOTHER STATE OR COUNTY IS ONLY VALID IN THIS STATE FOR 60 CONSECUTIVE DAYS.
35e (b) IN ORDER TO CARRY A CONCEALED FIREARM, A PERSON THAT REMAINS IN THE STATE
35f FOR LONGER THAN 60 CONSECUTIVE DAYS SHALL OBTAIN A PERMIT PURSUANT TO SECTION
35g 53-5-70 4. s