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7 LONG TITLE
8 General Description:
9 This bill creates a voluntary process for a person to restrict their ability to purchase a
10 firearm.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires the Bureau of Criminal Identification to create a process and forms to allow
14 a non-restricted person to voluntarily become a restricted person for a limited period
15 of time;
16 ▸ requires the person to acknowledge the consequences of the restrictions;
17 ▸ allows the person to request removal after 30 days; and
18 ▸ requires the law enforcement agency and bureau to destroy all records after a person
19 is removed from the voluntary restricted list.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 53-5-704, as last amended by Laws of Utah 2013, Chapter 280
27 53-5c-102, as enacted by Laws of Utah 2013, Chapter 188
28 76-10-526, as last amended by Laws of Utah 2019, Chapters 386 and 440
29 ENACTS:
30 53-5c-301, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 53-5-704 is amended to read:
34 53-5-704. Bureau duties -- Permit to carry concealed firearm -- Certification for
35 concealed firearms instructor -- Requirements for issuance -- Violation -- Denial,
36 suspension, or revocation -- Appeal procedure.
37 (1) (a) The bureau shall issue a permit to carry a concealed firearm for lawful self
38 defense to an applicant who is 21 years of age or older within 60 days after receiving an
39 application, unless the bureau finds proof that the applicant does not meet the qualifications set
40 forth in Subsection (2).
41 (b) The permit is valid throughout the state for five years, without restriction, except as
42 otherwise provided by Section 53-5-710.
43 (c) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not
44 apply to a person issued a permit under Subsection (1)(a).
45 (d) Subsection (4)(a) does not apply to a nonresident:
46 (i) active duty service member, who present to the bureau orders requiring the active
47 duty service member to report for duty in this state; or
48 (ii) an active duty service member's spouse, stationed with the active duty service
49 member, who presents to the bureau the active duty service member's orders requiring the
50 service member to report for duty in this state.
51 (2) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if the
52 applicant or permit holder:
53 (i) has been or is convicted of a felony;
54 (ii) has been or is convicted of a crime of violence;
55 (iii) has been or is convicted of an offense involving the use of alcohol;
56 (iv) has been or is convicted of an offense involving the unlawful use of narcotics or
57 other controlled substances;
58 (v) has been or is convicted of an offense involving moral turpitude;
59 (vi) has been or is convicted of an offense involving domestic violence;
60 (vii) has been or is adjudicated by a state or federal court as mentally incompetent,
61 unless the adjudication has been withdrawn or reversed; and
62 (viii) is not qualified to purchase and possess a firearm pursuant to Section 76-10-503
63 and federal law.
64 (b) In determining whether an applicant or permit holder meets the qualifications set
65 forth in Subsection (2)(a), the bureau shall consider mitigating circumstances.
66 (3) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if it has
67 reasonable cause to believe that the applicant or permit holder has been or is a danger to self or
68 others as demonstrated by evidence, including:
69 (i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
70 (ii) past participation in incidents involving unlawful violence or threats of unlawful
71 violence; or
72 (iii) conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons.
73 (b) The bureau may not deny, suspend, or revoke a concealed firearm permit solely for
74 a single conviction of an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
75 (c) In determining whether the applicant or permit holder has been or is a danger to self
76 or others, the bureau may inspect:
77 (i) expunged records of arrests and convictions of adults as provided in Section
78 77-40-109; and
79 (ii) juvenile court records as provided in Section 78A-6-209.
80 (d) The bureau shall suspend a concealed firearm permit if a permit holder becomes a
81 temporarily restricted person in accordance with Section 53-5c-301. Upon removal from the
82 temporary restricted list, the permit holder's permit shall be reinstated unless:
83 (i) the permit has been revoked, been suspended for a reason other than this subsection,
84 or expired; or
85 (ii) the person has become a restricted person in accordance with Section 76-10-503.
86 (4) (a) In addition to meeting the other qualifications for the issuance of a concealed
87 firearm permit under this section, a nonresident applicant who resides in a state that recognizes
88 the validity of the Utah permit or has reciprocity with Utah's concealed firearm permit law
89 shall:
90 (i) hold a current concealed firearm or concealed weapon permit issued by the
91 appropriate permitting authority of the nonresident applicant's state of residency; and
92 (ii) submit a photocopy or electronic copy of the nonresident applicant's current
93 concealed firearm or concealed weapon permit referred to in Subsection (4)(a)(i).
94 (b) A nonresident applicant who knowingly and willfully provides false information to
95 the bureau under Subsection (4)(a) is prohibited from holding a Utah concealed firearm permit
96 for a period of 10 years.
97 (c) Subsection (4)(a) applies to all applications for the issuance of a concealed firearm
98 permit that are received by the bureau after May 10, 2011.
99 (d) Beginning January 1, 2012, Subsection (4)(a) also applies to an application for
100 renewal of a concealed firearm permit by a nonresident.
101 (5) The bureau shall issue a concealed firearm permit to a former peace officer who
102 departs full-time employment as a peace officer, in an honorable manner, within five years of
103 that departure if the officer meets the requirements of this section.
104 (6) Except as provided in Subsection (7), the bureau shall also require the applicant to
105 provide:
106 (a) the address of the applicant's permanent residence;
107 (b) one recent dated photograph;
108 (c) one set of fingerprints; and
109 (d) evidence of general familiarity with the types of firearms to be concealed as defined
110 in Subsection (8).
111 (7) An applicant who is a law enforcement officer under Section 53-13-103 may
112 provide a letter of good standing from the officer's commanding officer in place of the evidence
113 required by Subsection (6)(d).
114 (8) (a) General familiarity with the types of firearms to be concealed includes training
115 in:
116 (i) the safe loading, unloading, storage, and carrying of the types of firearms to be
117 concealed; and
118 (ii) current laws defining lawful use of a firearm by a private citizen, including lawful
119 self-defense, use of force by a private citizen, including use of deadly force, transportation, and
120 concealment.
121 (b) An applicant may satisfy the general familiarity requirement of Subsection (8)(a) by
122 one of the following:
123 (i) completion of a course of instruction conducted by a national, state, or local
124 firearms training organization approved by the bureau;
125 (ii) certification of general familiarity by a person who has been certified by the bureau,
126 which may include a law enforcement officer, military or civilian firearms instructor, or hunter
127 safety instructor; or
128 (iii) equivalent experience with a firearm through participation in an organized
129 shooting competition, law enforcement, or military service.
130 (c) Instruction taken by a student under Subsection (8) shall be in person and not
131 through electronic means.
132 (9) (a) An applicant for certification as a Utah concealed firearms instructor shall:
133 (i) be at least 21 years of age;
134 (ii) be currently eligible to possess a firearm under Section 76-10-503;
135 (iii) have:
136 (A) completed a firearm instruction training course from the National Rifle Association
137 or the Department of Public Safety, Division of Peace Officer Safety Standards and Training;
138 or
139 (B) received training equivalent to one of the courses referred to in Subsection
140 (9)(a)(iii)(A) as determined by the bureau;
141 (iv) have taken a course of instruction and passed a certification test as described in
142 Subsection (9)(c); and
143 (v) possess a Utah concealed firearm permit.
144 (b) An instructor's certification is valid for three years from the date of issuance, unless
145 revoked by the bureau.
146 (c) (i) In order to obtain initial certification or renew a certification, an instructor shall
147 attend an instructional course and pass a test under the direction of the bureau.
148 (ii) (A) The bureau shall provide or contract to provide the course referred to in
149 Subsection (9)(c)(i) twice every year.
150 (B) The course shall include instruction on current Utah law related to firearms,
151 including concealed carry statutes and rules, and the use of deadly force by private citizens.
152 (d) (i) Each applicant for certification under this Subsection (9) shall pay a fee of
153 $50.00 at the time of application for initial certification.
154 (ii) The renewal fee for the certificate is $25.
155 (iii) The bureau may use a fee paid under Subsections (9)(d)(i) and (ii) as a dedicated
156 credit to cover the cost incurred in maintaining and improving the instruction program required
157 for concealed firearm instructors under this Subsection (9).
158 (10) A certified concealed firearms instructor shall provide each of the instructor's
159 students with the required course of instruction outline approved by the bureau.
160 (11) (a) (i) A concealed firearms instructor shall provide a signed certificate to a person
161 successfully completing the offered course of instruction.
162 (ii) The instructor shall sign the certificate with the exact name indicated on the
163 instructor's certification issued by the bureau under Subsection (9).
164 (iii) (A) The certificate shall also have affixed to it the instructor's official seal, which
165 is the exclusive property of the instructor and may not be used by any other person.
166 (B) The instructor shall destroy the seal upon revocation or expiration of the
167 instructor's certification under Subsection (9).
168 (C) The bureau shall determine the design and content of the seal to include at least the
169 following:
170 (I) the instructor's name as it appears on the instructor's certification;
171 (II) the words "Utah Certified Concealed Firearms Instructor," "state of Utah," and "my
172 certification expires on (the instructor's certification expiration date)"; and
173 (III) the instructor's business or residence address.
174 (D) The seal shall be affixed to each student certificate issued by the instructor in a
175 manner that does not obscure or render illegible any information or signatures contained in the
176 document.
177 (b) The applicant shall provide the certificate to the bureau in compliance with
178 Subsection (6)(d).
179 (12) The bureau may deny, suspend, or revoke the certification of an applicant or a
180 concealed firearms instructor if it has reason to believe the applicant or the instructor has:
181 (a) become ineligible to possess a firearm under Section 76-10-503 or federal law; or
182 (b) knowingly and willfully provided false information to the bureau.
183 (13) An applicant for certification or a concealed firearms instructor has the same
184 appeal rights as set forth in Subsection (16).
185 (14) In providing instruction and issuing a permit under this part, the concealed
186 firearms instructor and the bureau are not vicariously liable for damages caused by the permit
187 holder.
188 (15) An individual who knowingly and willfully provides false information on an
189 application filed under this part is guilty of a class B misdemeanor, and the application may be
190 denied, or the permit may be suspended or revoked.
191 (16) (a) In the event of a denial, suspension, or revocation of a permit, the applicant or
192 permit holder may file a petition for review with the board within 60 days from the date the
193 denial, suspension, or revocation is received by the applicant or permit holder by certified mail,
194 return receipt requested.
195 (b) The bureau's denial of a permit shall be in writing and shall include the general
196 reasons for the action.
197 (c) If an applicant or permit holder appeals the denial to the review board, the applicant
198 or permit holder may have access to the evidence upon which the denial is based in accordance
199 with Title 63G, Chapter 2, Government Records Access and Management Act.
200 (d) On appeal to the board, the bureau has the burden of proof by a preponderance of
201 the evidence.
202 (e) (i) Upon a ruling by the board on the appeal of a denial, the board shall issue a final
203 order within 30 days stating the board's decision.
204 (ii) The final order shall be in the form prescribed by Subsection 63G-4-203(1)(i).
205 (iii) The final order is final bureau action for purposes of judicial review under Section
206 63G-4-402.
207 (17) The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah
208 Administrative Rulemaking Act, necessary to administer this chapter.
209 Section 2. Section 53-5c-102 is amended to read:
210 53-5c-102. Definitions.
211 As used in this chapter:
212 (1) "Bureau" means the Bureau of Criminal Identification created in Section 53-5-703.
213 [
214 the same residence as the other party.
215 [
216 barrel rifle, or a device that could be used as a dangerous weapon from which is expelled a
217 projectile by action of an explosive.
218 [
219 prohibited under state or federal law.
220 [
221 officer of that agency.
222 [
223 firearm.
224 [
225 (a) use by a government agency as determined by the legislative body of the agency's
226 jurisdiction; or
227 (b) donation to a bona fide charity.
228 Section 3. Section 53-5c-301 is enacted to read:
229 53-5c-301. Voluntary restrictions on firearm purchase and possession.
230 (1) An individual who is not a restricted person in accordance with Section 76-10-503
231 may be restricted from the purchase and possession of firearms through a voluntary process.
232 (2) The bureau shall develop a process for inclusion on and removal from a temporary
233 restricted list to be maintained by the bureau. Forms for inclusion and removal developed by
234 the bureau shall be available by download through the bureau's website and require, at a
235 minimum, the following information:
236 (a) name;
237 (b) address;
238 (c) date of birth;
239 (d) contact information;
240 (e) a signature; and
241 (f) an acknowledgment of the statement in Subsection (7).
242 (3) An individual requesting inclusion on the temporary restricted list shall deliver the
243 completed form in person to a law enforcement agency. The law enforcement agency:
244 (a) shall verify the individual's identity before accepting the form;
245 (b) may not accept a form from someone other than the individual named on the form;
246 and
247 (c) shall transmit the form electronically to the bureau through the Utah Criminal
248 Justice Information System.
249 (4) Upon receipt of a verified form requesting inclusion on the temporary restricted list,
250 the bureau shall, within 24 hours, add the individual's name to the list and enter the information
251 in the National Instant Criminal Background Check System Indices. The entry shall be dated
252 and noted for removal after 180 days. If the bureau does not receive a request for extension by
253 the removal date, the individual shall be removed from the temporary restricted list.
254 (5) An individual who is added to the temporary restricted list may not request removal
255 from the list unless the individual has been on the list for at least 30 days. The bureau shall
256 remove an individual from the list 180 days after the individual was added to the list, unless the
257 individual requests that he or she remain on the list. Requests for extensions shall be made in
258 the same manner as the original request. An individual may continue to request extensions
259 every 180 days.
260 (6) If an individual is a concealed firearm permit holder, the individual's permit shall
261 be suspended upon entry on the temporary list. Upon removal, the individual's permit shall be
262 reinstated unless:
263 (a) the permit has been revoked, been suspended for a reason other than this section, or
264 expired; or
265 (b) the individual has become a restricted person in accordance with Section
266 76-10-503.
267 (7) The form shall have the following language prominently displayed before the
268 signature:
269
270 By presenting this completed form to a law enforcement agency, I understand that I am
271 requesting that my name be placed on a list that restricts my ability to purchase or possess
272 firearms for a minimum of 30 days, and up to 6 months. I understand that by voluntarily
273 making myself a temporarily restricted person, I may not have a firearm in my possession and
274 any attempt to purchase a firearm while I am on the list will be declined. I also understand that
275 any time after 30 days, I may request removal from the temporary restricted list and all
276 previous rights will be restored. In addition, if I am in possession of a valid concealed firearm
277 permit, my permit will be suspended during the time I am on the list, but will be reinstated
278 upon my removal, unless the permit has expired, been revoked, been suspended for another
279 reason, or I become ineligible to possess a firearm. Additionally, I acknowledge that if I
280 possess a firearm or attempt to purchase a firearm while outside Utah, I will be subject to the
281 law of that location regarding restricted persons.
282 (8) An individual requesting removal from the temporary restricted list shall deliver a
283 completed removal form in person to the law enforcement agency that processed the inclusion
284 form in Subsection (3). The law enforcement agency:
285 (a) shall verify the individual's identity before accepting the form;
286 (b) may not accept a form from someone other than the individual named on the form;
287 and
288 (c) shall transmit the form electronically to the bureau through the Utah Criminal
289 Justice Information System.
290 (9) Upon receipt of a verified removal form, the bureau shall, within 24 hours, remove
291 the person from the temporary restricted list and remove the information from the National
292 Instant Criminal Background Check System.
293 (10) Within 30 days before the removal date, the bureau shall notify the individual at
294 the address listed on the form and the law enforcement agency that processed the inclusion
295 form that the individual is due to be removed from the temporary list, and the date on which
296 the removal will occur, unless the individual requests an extension of up to 180 days.
297 (11) A law enforcement agency that receives a request for inclusion shall maintain the
298 form and all subsequent forms in a separate file.
299 (a) If the individual requests removal before the end of 180 days, the law enforcement
300 agency shall destroy the entire file within five days of transmission of the information to the
301 bureau.
302 (b) If the individual does not request an extension after notification in accordance with
303 Subsection (10), the law enforcement agency shall destroy the entire file within five days of the
304 date indicated in the notification.
305 (c) Upon removal of an individual from the voluntary restricted list, the bureau shall
306 destroy all records related to the inclusion and removal of the individual.
307 (d) All forms and records created in accordance with this section are classified as
308 private records in accordance with Title 63G, Chapter 2, Government Records Access and
309 Management Act.
310 (12) The bureau may make rules in accordance with Title 63G, Chapter 3, Utah
311 Administrative Rulemaking Act, to develop the process and forms to implement this section.
312 Section 4. Section 76-10-526 is amended to read:
313 76-10-526. Criminal background check prior to purchase of a firearm -- Fee --
314 Exemption for concealed firearm permit holders and law enforcement officers.
315 (1) For purposes of this section, "valid permit to carry a concealed firearm" does not
316 include a temporary permit issued under Section 53-5-705.
317 (2) (a) To establish personal identification and residence in this state for purposes of
318 this part, a dealer shall require an individual receiving a firearm to present one photo
319 identification on a form issued by a governmental agency of the state.
320 (b) A dealer may not accept a driving privilege card issued under Section 53-3-207 as
321 proof of identification for the purpose of establishing personal identification and residence in
322 this state as required under this Subsection (2).
323 (3) (a) A criminal history background check is required for the sale of a firearm by a
324 licensed firearm dealer in the state.
325 (b) Subsection (3)(a) does not apply to the sale of a firearm to a Federal Firearms
326 Licensee.
327 (4) (a) An individual purchasing a firearm from a dealer shall consent in writing to a
328 criminal background check, on a form provided by the bureau.
329 (b) The form shall contain the following information:
330 (i) the dealer identification number;
331 (ii) the name and address of the individual receiving the firearm;
332 (iii) the date of birth, height, weight, eye color, and hair color of the individual
333 receiving the firearm; and
334 (iv) the social security number or any other identification number of the individual
335 receiving the firearm.
336 (5) (a) The dealer shall send the information required by Subsection (4) to the bureau
337 immediately upon its receipt by the dealer.
338 (b) A dealer may not sell or transfer a firearm to an individual until the dealer has
339 provided the bureau with the information in Subsection (4) and has received approval from the
340 bureau under Subsection (7).
341 (6) The dealer shall make a request for criminal history background information by
342 telephone or other electronic means to the bureau and shall receive approval or denial of the
343 inquiry by telephone or other electronic means.
344 (7) When the dealer calls for or requests a criminal history background check, the
345 bureau shall:
346 (a) review the criminal history files, including juvenile court records, and the
347 temporary restricted file created in accordance with Section 53-5c-301, to determine if the
348 individual is prohibited from purchasing, possessing, or transferring a firearm by state or
349 federal law;
350 (b) inform the dealer that:
351 (i) the records indicate the individual is prohibited; or
352 (ii) the individual is approved for purchasing, possessing, or transferring a firearm;
353 (c) provide the dealer with a unique transaction number for that inquiry; and
354 (d) provide a response to the requesting dealer during the call for a criminal
355 background check, or by return call, or other electronic means, without delay, except in case of
356 electronic failure or other circumstances beyond the control of the bureau, the bureau shall
357 advise the dealer of the reason for the delay and give the dealer an estimate of the length of the
358 delay.
359 (8) (a) The bureau may not maintain any records of the criminal history background
360 check longer than 20 days from the date of the dealer's request, if the bureau determines that
361 the individual receiving the firearm is not prohibited from purchasing, possessing, or
362 transferring the firearm under state or federal law.
363 (b) However, the bureau shall maintain a log of requests containing the dealer's federal
364 firearms number, the transaction number, and the transaction date for a period of 12 months.
365 (9) (a) If the criminal history background check discloses information indicating that
366 the individual attempting to purchase the firearm is prohibited from purchasing, possessing, or
367 transferring a firearm, the bureau shall inform the law enforcement agency in the jurisdiction
368 where the individual resides. This subsection does not apply to individuals prohibited from
369 purchasing a firearm due to placement on a temporary restricted list in accordance with Section
370 53-5c-301.
371 (b) A law enforcement agency that receives information from the bureau under
372 Subsection (9)(a) shall provide a report before August 1 of each year to the bureau that
373 includes:
374 (i) based on the information the bureau provides to the law enforcement agency under
375 Subsection (9)(a), the number of cases that involve an individual who is prohibited from
376 purchasing, possessing, or transferring a firearm as a result of a conviction for an offense
377 involving domestic violence; and
378 (ii) of the cases described in Subsection (9)(b)(i):
379 (A) the number of cases the law enforcement agency investigates; and
380 (B) the number of cases the law enforcement agency investigates that result in a
381 criminal charge.
382 (c) The bureau shall:
383 (i) compile the information from the reports described in Subsection (9)(b);
384 (ii) omit or redact any identifying information in the compilation; and
385 (iii) submit the compilation to the Law Enforcement and Criminal Justice Interim
386 Committee before November 1 of each year.
387 (10) If an individual is denied the right to purchase a firearm under this section, the
388 individual may review the individual's criminal history information and may challenge or
389 amend the information as provided in Section 53-10-108.
390 (11) The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah
391 Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all
392 records provided by the bureau under this part are in conformance with the requirements of the
393 Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
394 (12) (a) A dealer shall collect a criminal history background check fee for the sale of a
395 firearm under this section.
396 (b) The fee described under Subsection (12)(a) remains in effect until changed by the
397 bureau through the process described in Section 63J-1-504.
398 (c) (i) The dealer shall forward at one time all fees collected for criminal history
399 background checks performed during the month to the bureau by the last day of the month
400 following the sale of a firearm.
401 (ii) The bureau shall deposit the fees [
402 cover the cost of administering and conducting the criminal history background check program.
403 (13) An individual with a concealed firearm permit issued under Title 53, Chapter 5,
404 Part 7, Concealed Firearm Act, is exempt from the background check and corresponding fee
405 required in this section for the purchase of a firearm if:
406 (a) the individual presents the individual's concealed firearm permit to the dealer prior
407 to purchase of the firearm; and
408 (b) the dealer verifies with the bureau that the individual's concealed firearm permit is
409 valid.
410 (14) (a) A law enforcement officer, as defined in Section 53-13-103, is exempt from
411 the background check fee required in this section for the purchase of a personal firearm to be
412 carried while off-duty if the law enforcement officer verifies current employment by providing
413 a letter of good standing from the officer's commanding officer and current law enforcement
414 photo identification.
415 (b) Subsection (14)(a) may only be used by a law enforcement officer to purchase a
416 personal firearm once in a 24-month period.
417 (15) (a) A dealer or a person engaged in the business of selling firearm safes in Utah
418 may participate in the redeemable coupon program described in this Subsection (15) and
419 Subsection 62A-15-103(3).
420 (b) A participating dealer or person shall:
421 (i) apply the coupon only toward the purchase of a gun safe;
422 (ii) collect the receipts from the purchase of a firearm safe using the redeemable
423 coupons and send the receipts to the Division of Substance Abuse and Mental Health for
424 redemption; and
425 (iii) make the firearm safety brochure described in Subsection 62A-15-103(3) available
426 to a customer free of charge.
427 (16) A dealer engaged in the business of selling, leasing, or otherwise transferring any
428 firearm shall:
429 (a) make the firearm safety brochure described in Subsection 62A-15-103(3) available
430 to a customer free of charge; and
431 (b) at the time of purchase, distribute a cable-style gun lock provided to the dealer
432 under Subsection 62A-15-103(3) to a customer purchasing a shotgun, short barreled shotgun,
433 short barreled rifle, rifle, or another firearm that federal law does not require be accompanied
434 by a gun lock at the time of purchase.