First Substitute H.B. 373

This document includes Senate 2nd and 3rd Reading Floor Amendments incorporated into the bill on Thu, Mar 13, 2014 at 11:38 PM by lpoole. -->

Representative Ryan D. Wilcox proposes the following substitute bill:

1 FIREARM TRANSFER CERTIFICATION AMENDMENTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ryan D. Wilcox
5 Senate Sponsor: Mark B. Madsen
6
7 LONG TITLE
8 General Description:
9 This bill provides requirements for law enforcement officials to certify federal firearm
10 transfers within a certain time.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . requires law enforcement officers or other eligible officials to certify certain federal
15 firearm transfers;
16 . provides that the certification is granted only for firearm transfer applicants not
17 prohibited by law; and
18 . specifies a time period within which the law enforcement officer shall certify and
19 return the form to the applicant.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:

26 53-5a-104 , Utah Code Annotated 1953
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 53-5a-104 is enacted to read:
30 53-5a-104. Firearm transfer certification.
31 (1) As used in this section:
32 (a) "Certification" means the participation and assent of the chief law enforcement
33 officer necessary under federal law for the approval of the application to transfer or make a
34 firearm.
35 (b) "Chief law enforcement officer" means any official the Bureau of Alcohol,
36 Tobacco, Firearms and Explosives, or any successor agency, identifies by regulation or
37 otherwise as eligible to provide any required certification for the making or transfer of a
38 firearm.
39 (c) "Firearm" has the same meaning as provided in the National Firearms Act, 6 U.S.C.
40 Sec. 5845(a).
41 (2) A chief law enforcement may not make a certification under this section that the
42 chief law enforcement officer knows to be untrue. The chief law enforcement officer may not
43 refuse to provide certification based on a generalized objection to private persons or entities
44 making, possessing, or receiving firearms or any certain type of firearm, the possession of
45 which is not prohibited by law.
46 (3) Upon receiving a federal firearm transfer form a chief law enforcement officer or
47 the chief law enforcement officer's designee shall provide certification if the applicant:
48 (a) is not prohibited by law from receiving or possessing the firearm; or
49 (b) is not the subject of a proceeding that could result in the applicant being prohibited
50 by law from receiving or possessing the firearm.
50a S. (4) The chief law enforcement officer, the chief law enforcement officer's designee, or
50b official signing the federal transfer form shall:
50c (a) return the federal transfer form to the applicant within 15 calendar days; or
50d (b) if the applicant is denied, provide to the applicant the reasons for denial in writing
50e within 15 calendar days. .S
51 S. [ (4) ] (5) .S Chief law enforcement officers and their employees who act in good faith
51a when
52 acting within the scope of their duties are immune from liability arising from any act or
53 omission in making a certification as required by this section. Any action taken against a chief
54 law enforcement officer or an employee shall be in accordance with Title 63G, Chapter 7,
55 Governmental Immunity Act of Utah.