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• 2017 General Session
• H.B. 174

H.B. 174 Firearm Records Protection Amendments

• Bill Text
• Status
• Hearings/Debate

Bill Sponsor: Rep. Potter, Val K.

Floor Sponsor: Sen. Knudson, Peter C.

• Drafting Attorney: Christine R. Gilbert
• Fiscal Analyst: Gary R. Syphus

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• Bill Text
  • Introduced
  • Amended
    • Amended Pages Only
  • Enrolled (Currently Displayed)

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• Related Documents
  • Fiscal Note
  • House Transmittal Letter 1
  • Senate Transmittal Letter 1
  • House Committee Amendment 1(passed)
  • Agency Perf Note

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• Information
  • Last Action: 22 Mar 2017, Governor Signed
  • Last Location: Lieutenant Governor's office for filing
  • Effective Date: 9 May 2017
  • Session Law Chapter: 245

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• Similar Bills
  • Law Enforcement and Criminal Justice
  • Weapons
  • Federal Government

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• Sections Affected
  • 53-5a-104

Enrolled

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H.B. 174

1     FIREARM RECORDS PROTECTION AMENDMENTS
2     2017 GENERAL SESSION
3     STATE OF UTAH
4     Chief Sponsor: Val K. Potter
5     Senate Sponsor: Peter C. Knudson
6     

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7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to firearm transfer certifications and notifications.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     addresses the retention of certain federally required firearm transfer certifications
14     and notifications;
15          ▸     classifies as a private record:
16               •     any firearm transfer certification or notification; and
17               •     any record or portion of a record that contains information from a firearm
18     transfer certification or notification; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          53-5a-104, as last amended by Laws of Utah 2015, Chapters 258 and 406
27     

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28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 53-5a-104 is amended to read:

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30          53-5a-104. Firearm transfer certification or notification.
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 that 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" means the same as that term is defined in the National Firearms Act, 26
40     U.S.C. Sec. 5845(a).
41          (d) "Local law enforcement agency" means the same as that term is described in 18
42     U.S.C. Sec. 923.
43          (e) "Notification" means any form or record that is subject to 18 U.S.C. Sec.
44     923(g)(3)(B).
45          (2) A chief law enforcement officer may not make a certification under this section that
46     the chief law enforcement officer knows to be untrue. The chief law enforcement officer may
47     not refuse to provide certification based on a generalized objection to private persons or entities
48     making, possessing, or receiving firearms or any certain type of firearm, the possession of
49     which is not prohibited by law.
50          (3) Upon receiving a federal firearm transfer form a chief law enforcement officer or
51     the chief law enforcement officer's designee shall provide certification if the applicant:
52          (a) is not prohibited by law from receiving or possessing the firearm; or
53          (b) is not the subject of a proceeding that could result in the applicant being prohibited
54     by law from receiving or possessing the firearm.
55          (4) The chief law enforcement officer, the chief law enforcement officer's designee, or
56     official signing the federal transfer form shall:
57          (a) return the federal transfer form to the applicant within 15 calendar days; or

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58          (b) if the applicant is denied, provide to the applicant the reasons for denial in writing
59     within 15 calendar days.
60          (5) Chief law enforcement officers and their employees who act in good faith when
61     acting within the scope of their duties are immune from liability arising from any act or
62     omission in making a certification as required by this section. Any action taken against a chief
63     law enforcement officer or an employee shall be in accordance with Title 63G, Chapter 7,
64     Governmental Immunity Act of Utah.
65          (6) A chief law enforcement officer or local law enforcement agency that receives a
66     certification or notification shall destroy and delete the certification or notification and any
67     other record that contains information obtained from the certification or notification within 15
68     days after the day on which the chief law enforcement officer or local law enforcement agency
69     receives the certification or notification.
70          (7) A certification or notification and any other record or portion of a record that
71     contains information gathered from the certification or notification is classified as a private
72     record in accordance with Title 63G, Chapter 2, Government Records Access and Management
73     Act.