1     
CONCEALED CARRY AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karianne Lisonbee

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill establishes a provisional permit to carry a concealed firearm for eligible
10     individuals under 21 years of age.
11     Highlighted Provisions:
12          This bill:
13          ▸     establishes a provisional permit to carry a concealed firearm;
14          ▸     stipulates that individuals must be at least 18 years of age, but no more than 20
15     years of age, to obtain the permit;
16          ▸     stipulates that the holder of a provisional permit issued by the state must meet
17     eligibility requirements, including minimum age requirements, to carry a concealed
18     firearm in another state; and
19          ▸     prohibits a provisional permit holder from carrying a concealed firearm on or about
20     an elementary or secondary school premises.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          53-5-706, as last amended by Laws of Utah 2011, Chapter 368
28          53-5-707, as last amended by Laws of Utah 2014, Chapters 189 and 226
29          53-5-710, as last amended by Laws of Utah 1999, Chapter 366

30          53-10-202.5, as last amended by Laws of Utah 2010, Chapters 58, 283 and last
31     amended by Coordination Clause, Laws of Utah 2010, Chapter 58
32     ENACTS:
33          53-5-704.5, Utah Code Annotated 1953
34          53-5-707.5, Utah Code Annotated 1953
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 53-5-704.5 is enacted to read:
38          53-5-704.5. Provisional permit to carry concealed firearm.
39          (1) (a) The bureau shall issue a provisional permit to carry a concealed firearm for
40     lawful self-defense to an applicant who is 18 years of age, but is no older than 20 years of age,
41     within 60 days after receiving an application, unless the bureau finds proof that the applicant
42     does not meet the qualifications set forth in Subsection 53-5-704(2).
43          (b) The provisional permit is valid throughout the state until the applicant reaches the
44     age of 21, without restriction, except as otherwise provided by Section 53-5-710.
45          (2) The bureau may deny, suspend, or revoke a provisional permit issued under this
46     section as set forth in Subsections 53-5-704(2) and (3).
47          (3) (a) In addition to meeting the other qualifications for the issuance of a provisional
48     permit under this section, a nonresident applicant who resides in a state that recognizes the
49     validity of the Utah provisional permit or has reciprocity with Utah's provisional permit law
50     shall:
51          (i) hold a current applicable concealed firearm or concealed weapon permit issued by
52     the appropriate permitting authority of the nonresident applicant's state of residency; and
53          (ii) submit a photocopy or electronic copy of the nonresident applicant's current
54     concealed firearm or concealed weapon permit referred to in Subsection (3)(a)(i).
55          (b) A nonresident applicant who knowingly and willfully provides false information to
56     the bureau under Subsection (3)(a) is prohibited from holding a Utah concealed firearm permit
57     of any kind for a period of 10 years.

58          (4) The bureau shall also require the applicant to provide:
59          (a) the address of the applicant's permanent residence;
60          (b) one recent dated photograph;
61          (c) one set of fingerprints; and
62          (d) evidence of general familiarity with the types of firearms to be concealed as defined
63     in Subsection 53-5-704(8).
64          (5) In the event of a decision to deny, suspend, or revoke a permit, the applicant or
65     permit holder under this section may appeal the decision through the same process set forth in
66     Subsection 53-5-704(16).
67          (6) The applicant or permit holder of the provisional permit under this section must
68     meet the eligibility requirements of another state, including age requirements, to carry a
69     concealed firearm in that state.
70          Section 2. Section 53-5-706 is amended to read:
71          53-5-706. Permit -- Fingerprints transmitted to bureau -- Report from bureau.
72          (1) (a) Except as provided in Subsection (2), the fingerprints of each applicant shall be
73     taken on a form prescribed by the bureau.
74          (b) Upon receipt of the fingerprints and the fee prescribed in Section 53-5-707 or
75     53-5-707.5, the bureau shall conduct a search of its files for criminal history information
76     pertaining to the applicant, and shall request the Federal Bureau of Investigation to conduct a
77     similar search through its files.
78          (c) If the fingerprints are insufficient for the Federal Bureau of Investigation to conduct
79     a search of its files for criminal history information, the application or concealed firearm permit
80     may be denied, suspended, or revoked until sufficient fingerprints are submitted by the
81     applicant.
82          (2) (a) If the permit applicant has previously applied to the bureau for a permit to carry
83     concealed firearms, the bureau shall note the previous identification numbers and other data
84     which would provide positive identification in the files of the bureau on the copy of any
85     subsequent permit submitted to the bureau in accordance with this section.

86          (b) No additional application form, fingerprints, or fee are required under this
87     Subsection (2).
88          Section 3. Section 53-5-707 is amended to read:
89          53-5-707. Concealed firearm permit -- Fees -- Concealed Weapons Account.
90          (1) (a) An applicant for a concealed firearm permit shall pay a fee of $24.75 at the time
91     of filing an application.
92          (b) A nonresident applicant shall pay an additional $10 for the additional cost of
93     processing a nonresident application.
94          (c) The bureau shall waive the initial fee for an applicant who is a law enforcement
95     officer under Section 53-13-103.
96          (d) Concealed firearm permit renewal fees for active duty service members and the
97     spouse of an active duty service member shall be waived.
98          (2) The renewal fee for the permit is $15.
99          (3) The replacement fee for the permit is $10.
100          (4) (a) The late fee for the renewal permit is $7.50.
101          (b) As used in this section, "late fee" means the fee charged by the bureau for a renewal
102     submitted on a permit that has been expired for more than 30 days but less than one year.
103          (5) (a) There is created a restricted account within the General Fund known as the
104     "Concealed Weapons Account."
105          (b) The account shall be funded from fees collected under this section and Section
106     53-5-707.5.
107          (c) Funds in the account shall be used to cover costs relating to the issuance of
108     concealed firearm permits under this part and may not be used for any other purpose.
109          (6) (a) The bureau may collect any fees charged by an outside agency for additional
110     services required by statute as a prerequisite for issuance of a permit.
111          (b) The bureau may modify the fee under Subsection (1)(a) by adjusting that fee so that
112     the total of the fee under Subsection (1)(a) and the fee under Subsection (6)(a) is the nearest
113     even dollar amount to that total.

114          (c) The bureau shall promptly forward any fees collected under Subsection (6)(a) to the
115     appropriate agency.
116          (7) The bureau shall make an annual report in writing to the Legislature's Law
117     Enforcement and Criminal Justice Interim Committee on the amount and use of the fees
118     collected under this section and Section 53-5-707.5.
119          Section 4. Section 53-5-707.5 is enacted to read:
120          53-5-707.5. Provisional concealed firearm permit -- Fees -- Disposition of fees.
121          (1) (a) An applicant for a provisional concealed firearm permit, as described in Section
122     53-5-704.5, shall pay a fee of $24.75 at the time of filing an application.
123          (b) A nonresident applicant shall pay an additional $10 for the additional cost of
124     processing a nonresident application.
125          (2) The replacement fee for the permit is $10.
126          (3) Fees collected under this section shall be remitted to the Concealed Weapons
127     Account, as described in Subsection 53-5-707(5).
128          (4) (a) The bureau may collect any fees charged by an outside agency for additional
129     services required by statute as a prerequisite for issuance of a permit.
130          (b) The bureau may modify the fee under Subsection (1)(a) by adjusting that fee so that
131     the total of the fee under Subsection (1)(a) and the fee under Subsection (4)(a) is the nearest
132     even dollar amount to that total.
133          (c) The bureau shall promptly forward any fees collected under Subsection (4)(a) to the
134     appropriate agency.
135          Section 5. Section 53-5-710 is amended to read:
136          53-5-710. Cross-references to concealed firearm permit restrictions.
137          (1) A person with a permit of any kind to carry a concealed firearm may not carry a
138     concealed firearm in the following locations:
139          [(1)] (a) any secure area prescribed in Section 76-10-523.5 in which firearms are
140     prohibited and notice of the prohibition posted;
141          [(2)] (b) [in] any airport secure area as provided in Section 76-10-529; or

142          [(3)] (c) [in] any house of worship or in any private residence where dangerous
143     weapons are prohibited as provided in Section 76-10-530.
144          (2) Notwithstanding Subsection 76-10-505.5(2), a person under the age of 21 with a
145     permit of any kind to carry a concealed firearm may not carry a concealed firearm on or about
146     school premises, as defined in Subsection 76-10-505.5(1)(a).
147          Section 6. Section 53-10-202.5 is amended to read:
148          53-10-202.5. Bureau services -- Fees.
149          The bureau shall collect fees for the following services:
150          (1) applicant fingerprint card as determined by Section 53-10-108;
151          (2) bail enforcement licensing as determined by Section 53-11-115;
152          (3) concealed firearm permit as determined by Section 53-5-707;
153          (4) provisional concealed firearm permit as determined by Section 53-5-707.5;
154          [(4)] (5) application for and issuance of a certificate of eligibility for expungement as
155     determined by Section 77-40-106;
156          [(5)] (6) firearm purchase background check as determined by Section 76-10-526;
157          [(6)] (7) name check as determined by Section 53-10-108;
158          [(7)] (8) private investigator licensing as determined by Section 53-9-111; and
159          [(8)] (9) right of access as determined by Section 53-10-108.