Title 76 Utah Criminal Code
Chapter 10 Offenses Against Public Health, Safety, Welfare, and Morals
Section 526 Criminal background check prior to purchase of a firearm -- Fee -- Exemption for concealed firearm permit holders.
76-10-526. Criminal background check prior to purchase of a firearm -- Fee --
Exemption for concealed firearm permit holders.
(1) For purposes of this section, "valid permit to carry a concealed firearm" does not
include a temporary permit issued pursuant to Section 53-5-705.
(2) (a) To establish personal identification and residence in this state for purposes of this
part, a dealer shall require an individual receiving a firearm to present one photo identification on
a form issued by a governmental agency of the state.
(b) A dealer may not accept a driving privilege card issued in accordance with Section
53-3-207 as proof of identification for the purpose of establishing personal identification and
residence in this state as required under this Subsection (2).
(3) A criminal history background check is required for the sale of a firearm by a
licensed firearm dealer in the state.
(4) (a) An individual, except a dealer, purchasing a firearm from a dealer shall consent in
writing to a criminal background check, on a form provided by the division.
(b) The form shall contain the following information:
(i) the dealer identification number;
(ii) the name and address of the individual receiving the firearm;
(iii) the date of birth, height, weight, eye color, and hair color of the individual receiving
the firearm; and
(iv) the Social Security number or any other identification number of the individual
receiving the firearm.
(5) (a) The dealer shall send the form required by Subsection (4) to the division
immediately upon its completion.
(b) No dealer shall sell or transfer any firearm to an individual until the dealer has
provided the division with the information in Subsection (4) and has received approval from the
division under Subsection (7).
(6) The dealer shall make a request for criminal history background information by
telephone or other electronic means to the division and shall receive approval or denial of the
inquiry by telephone or other electronic means.
(7) When the dealer calls for or requests a criminal history background check, the
division shall:
(a) review the criminal history files, including juvenile court records, to determine if the
individual is prohibited from purchasing, possessing, or transferring a firearm by state or federal
law;
(b) inform the dealer that:
(i) the records indicate the individual is so prohibited; or
(ii) the individual is approved for purchasing, possessing, or transferring a firearm;
(c) provide the dealer with a unique transaction number for that inquiry; and
(d) provide a response to the requesting dealer during the call for a criminal background,
or by return call, or other electronic means, without delay, except in case of electronic failure or
other circumstances beyond the control of the division, the division shall advise the dealer of the
reason for the delay and give the dealer an estimate of the length of the delay.
(8) (a) The division shall not maintain any records of the criminal history background
check longer than 20 days from the date of the dealer's request if the division determines that the
individual receiving the gun is not prohibited from purchasing, possessing, or transferring the
firearm under state or federal law.
(b) However, the division shall maintain a log of requests containing the dealer's federal
firearms number, the transaction number, and the transaction date for a period of 12 months.
(9) If the criminal history background check discloses information indicating that the
individual attempting to purchase the firearm is prohibited from purchasing, possessing, or
transferring a firearm, the division shall inform the law enforcement agency in the jurisdiction
where the person resides.
(10) If an individual is denied the right to purchase a firearm under this section, the
individual may review the individual's criminal history information and may challenge or amend
the information as provided in Section 53-10-108.
(11) The division shall make rules as provided in Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all records
provided by the division pursuant to this part are in conformance with the requirements of the
Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
(12) (a) (i) All dealers shall collect a criminal history background check fee which is
$7.50.
(ii) This fee remains in effect until changed by the division through the process under
Section 63J-1-504.
(b) (i) The dealer shall forward at one time all fees collected for criminal history
background checks performed during the month to the division by the last day of the month
following the sale of a firearm.
(ii) The division shall deposit the fees in the General Fund as dedicated credits to cover
the cost of administering and conducting the criminal history background check program.
(13) An individual with a concealed firearm permit issued pursuant to Title 53, Chapter
5, Part 7, Concealed Weapon Act, shall be exempt from the background check and corresponding
fee required in this section for the purchase of a firearm if:
(a) the individual presents the individual's concealed firearm permit to the dealer prior to
purchase of the firearm; and
(b) the dealer verifies with the division that the individual's concealed firearm permit is
valid.
Amended by Chapter 183, 2009 General Session
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