H.B. 25

1

GUN DEALER PENALTY AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis Oda
5 Senate Sponsor: Mark B. Madsen
6
7 LONG TITLE
8 Committee Note:
9 The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
10 General Description:
11 This bill modifies the penalties provision of the Weapons Part of the Utah Criminal
12 Code regarding penalties for firearms' violations.
13 Highlighted Provisions:
14 This bill:
15 . makes it a class A misdemeanor for a violation of the criminal background check
16 provisions in Section 76-10-526 by a licensed handgun dealer; and
17 . makes certain technical changes.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 76-10-527, as last amended by Laws of Utah 1998, Chapter 187
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 76-10-527 is amended to read:

28 76-10-527. Penalties.
29 [(1) This section shall apply only to a handgun until federal law requires the
30 background check in Section 76-10-526 to extend to other firearms at which time this section
31 shall also apply to those firearms.]
32 [(2)] (1) A dealer is guilty of a class A misdemeanor who willfully and intentionally:
33 (a) requests, obtains, or seeks to obtain criminal history background information under
34 false pretenses; [or]
35 (b) disseminates criminal history background information[.]; or
36 (c) violates Section 76-10-526 .
37 [(3)] (2) A person who purchases or transfers a firearm is guilty of a felony of the third
38 degree [who] if the person willfully and intentionally makes a false statement of the
39 information required for a criminal background check in Section 76-10-526 .
40 [(4) A] (3) Except as otherwise provided in Subsection (1), a dealer is guilty of a
41 felony of the third degree if the dealer willfully and intentionally sells or transfers a firearm in
42 violation of this part.
43 [(5)] (4) A person is guilty of a felony of the third degree [who] if the person purchases
44 a firearm with the intent to:
45 (a) resell or otherwise provide a firearm to [any] a person who is ineligible to purchase
46 or receive a firearm from a dealer [a firearm]; or
47 (b) transport a firearm out of this state to be resold to an ineligible person.




Legislative Review Note
as of 11-19-08 1:35 PM

Office of Legislative Research and General Counsel