<section number="53-5a-303"><effdate>5/7/2025</effdate><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Bureau duties -- Permit to carry concealed firearm -- Certification for concealed firearms instructor -- Requirements for issuance -- Violation -- Denial, suspension, or revocation -- Appeal procedure.</catchline><subsection number="53-5a-303(1)"><subsection number="53-5a-303(1)(a)">Except as provided in Subsection <xref depth="4" refnumber="53-5-704(1)(b)">(1)(b)</xref>, the bureau shall issue a concealed carry permit allowing the carrying of a concealed firearm for lawful self defense to an applicant who is 21 years old or older within 60 days after receiving an application, unless the bureau finds proof that the applicant is not qualified to hold a permit under Subsection <xref depth="4" refnumber="53-5-704(2)">(2)</xref> or <xref depth="4" refnumber="53-5-704(3)">(3)</xref>.</subsection><subsection number="53-5a-303(1)(b)"><subsection number="53-5a-303(1)(b)(i)">Within 90 days before the day on which a provisional permit holder under Section <xref depth="3" refnumber="53-5a-304">53-5a-304</xref> reaches 21 years old, the provisional permit holder may apply under this section for a permit to carry a concealed firearm for lawful self defense.</subsection><subsection number="53-5a-303(1)(b)(ii)">The bureau shall issue a permit for an applicant under Subsection <xref depth="4" refnumber="53-5-704(1)(b)(i)">(1)(b)(i)</xref> within 60 days after receiving an application, unless the bureau finds proof that the applicant is not qualified to hold a permit under Subsection <xref depth="4" refnumber="53-5-704(2)">(2)</xref> or <xref depth="4" refnumber="53-5-704(3)">(3)</xref>.</subsection><subsection number="53-5a-303(1)(b)(iii)">A permit issued under this Subsection <xref depth="4" refnumber="53-5-704(1)(b)">(1)(b)</xref>:<subsection number="53-5a-303(1)(b)(iii)(A)">is not valid until an applicant is 21 years old; and</subsection><subsection number="53-5a-303(1)(b)(iii)(B)">requires, before July 1, 2026, a $10 application fee and, on or after July 1, 2026, an application fee set by the bureau.</subsection></subsection><subsection number="53-5a-303(1)(b)(iv)">An individual who applies for a permit under this Subsection <xref depth="4" refnumber="53-5-704(1)(b)">(1)(b)</xref> is not required to retake the firearms training described in Subsection <xref refnumber="53-5a-303(8)" depth="4">53-5a-303(8)</xref>.</subsection></subsection><subsection number="53-5a-303(1)(c)">A concealed firearm permit issued in accordance with this section is valid throughout the state for five years, without restriction, except as otherwise provided by Section <xref depth="3" refnumber="53-5a-102.2">53-5a-102.2</xref>.</subsection><subsection number="53-5a-303(1)(d)">Subsection <xref depth="4" refnumber="53-5-704(4)(a)">(4)(a)</xref> does not apply to a nonresident:<subsection number="53-5a-303(1)(d)(i)">active duty service member, who presents to the bureau orders requiring the active duty service member to report for duty in this state; or</subsection><subsection number="53-5a-303(1)(d)(ii)">active duty service member's spouse, stationed with the active duty service member, who presents to the bureau the active duty service member's orders requiring the service member to report for duty in this state.</subsection></subsection></subsection><subsection number="53-5a-303(2)"><subsection number="53-5a-303(2)(a)">The bureau may deny, suspend, or revoke a concealed firearm permit if the applicant or permit holder:<subsection number="53-5a-303(2)(a)(i)">has been or is convicted of a felony;</subsection><subsection number="53-5a-303(2)(a)(ii)">has been or is convicted of a crime of violence;</subsection><subsection number="53-5a-303(2)(a)(iii)">has been or is convicted of an offense involving the use of alcohol;</subsection><subsection number="53-5a-303(2)(a)(iv)">has been or is convicted of an offense involving the unlawful use of narcotics or other controlled substances;</subsection><subsection number="53-5a-303(2)(a)(v)">has been or is convicted of an offense involving moral turpitude;</subsection><subsection number="53-5a-303(2)(a)(vi)">has been or is convicted of an offense involving domestic violence;</subsection><subsection number="53-5a-303(2)(a)(vii)">has been or is adjudicated by a state or federal court as mentally incompetent, unless the adjudication has been withdrawn or reversed; or</subsection><subsection number="53-5a-303(2)(a)(viii)">is not qualified to purchase and possess a firearm pursuant to Title 76, Chapter 11, Part 3, Persons Restricted Regarding Dangerous Weapons, or federal law.</subsection></subsection><subsection number="53-5a-303(2)(b)">In determining whether an applicant or permit holder is qualified to hold a concealed firearm permit under Subsection <xref depth="4" refnumber="53-5-704(2)(a)">(2)(a)</xref>, the bureau shall consider mitigating circumstances.</subsection></subsection><subsection number="53-5a-303(3)"><subsection number="53-5a-303(3)(a)">The bureau may deny, suspend, or revoke a concealed firearm permit if the bureau has reasonable cause to believe that the applicant or concealed firearm permit holder has been or is a danger to self or others as demonstrated by evidence, including:<subsection number="53-5a-303(3)(a)(i)">past pattern of behavior involving unlawful violence or threats of unlawful violence;</subsection><subsection number="53-5a-303(3)(a)(ii)">past participation in incidents involving unlawful violence or threats of unlawful violence; or</subsection><subsection number="53-5a-303(3)(a)(iii)">conviction of an offense in Title 76, Chapter 11, Weapons.</subsection></subsection><subsection number="53-5a-303(3)(b)">The bureau may not deny, suspend, or revoke a concealed firearm permit solely for a single conviction of an infraction violation of an offense in Title 76, Chapter 11, Weapons.</subsection><subsection number="53-5a-303(3)(c)">In determining whether the applicant or concealed firearm permit holder has been or is a danger to self or others, the bureau may inspect:<subsection number="53-5a-303(3)(c)(i)">expunged records of arrests and convictions of adults as provided in Section <xref depth="3" refnumber="77-40a-403">77-40a-403</xref>; and</subsection><subsection number="53-5a-303(3)(c)(ii)">juvenile court records as provided in Section <xref depth="3" refnumber="78A-6-209">78A-6-209</xref>.</subsection></subsection><subsection number="53-5a-303(3)(d)"><subsection number="53-5a-303(3)(d)(i)">The bureau shall suspend a concealed firearm permit if the permit holder becomes a temporarily restricted person in accordance with Section <xref depth="3" refnumber="53-5a-504">53-5a-504</xref>.</subsection><subsection number="53-5a-303(3)(d)(ii)">Upon removal from the temporary restricted list described in Section <xref depth="3" refnumber="53-5a-504">53-5a-504</xref>, the concealed firearm permit holder's permit shall be reinstated unless:<subsection number="53-5a-303(3)(d)(ii)(A)">the concealed firearm permit has been revoked, been suspended for a reason other than the restriction described in Subsection <xref depth="4" refnumber="53-5-704(3)(d)(i)">(3)(d)(i)</xref>, or expired; or</subsection><subsection number="53-5a-303(3)(d)(ii)(B)">the concealed firearm permit holder has become a restricted person under Section <xref depth="3" refnumber="76-11-302">76-11-302</xref> or <xref depth="3" refnumber="76-11-303">76-11-303</xref>.</subsection></subsection></subsection></subsection><subsection number="53-5a-303(4)"><subsection number="53-5a-303(4)(a)">In addition to meeting the other qualifications for the issuance of a concealed firearm permit under this section, a nonresident applicant who resides in a state that recognizes the validity of the Utah permit or has reciprocity with Utah's concealed firearm permit law shall:<subsection number="53-5a-303(4)(a)(i)">hold a current concealed firearm or concealed weapon permit issued by the appropriate permitting authority of the nonresident applicant's state of residency; and</subsection><subsection number="53-5a-303(4)(a)(ii)">submit a photocopy or electronic copy of the nonresident applicant's current concealed firearm or concealed weapon permit referred to in Subsection <xref depth="4" refnumber="53-5-704(4)(a)(i)">(4)(a)(i)</xref>.</subsection></subsection><subsection number="53-5a-303(4)(b)">A nonresident applicant who knowingly and willfully provides false information to the bureau under Subsection <xref depth="4" refnumber="53-5-704(4)(a)">(4)(a)</xref> is prohibited from holding a Utah concealed firearm permit for a period of 10 years.</subsection><subsection number="53-5a-303(4)(c)">Subsection <xref depth="4" refnumber="53-5-704(4)(a)">(4)(a)</xref> applies to:<subsection number="53-5a-303(4)(c)(i)">all applications for the issuance of a concealed firearm permit received by the bureau; and</subsection><subsection number="53-5a-303(4)(c)(ii)">an application for renewal of a concealed firearm permit by a nonresident.</subsection></subsection></subsection><subsection number="53-5a-303(5)">The bureau shall issue a concealed firearm permit to a former peace officer who departs full-time employment as a peace officer, in an honorable manner, within five years of that departure if the officer meets the requirements of this section.</subsection><subsection number="53-5a-303(6)">Except as provided in Subsection <xref depth="4" refnumber="53-5-704(7)">(7)</xref>, the bureau shall also require the applicant to provide:<subsection number="53-5a-303(6)(a)">the address of the applicant's permanent residence;</subsection><subsection number="53-5a-303(6)(b)">one recent dated photograph;</subsection><subsection number="53-5a-303(6)(c)">one set of fingerprints; and</subsection><subsection number="53-5a-303(6)(d)">evidence of general familiarity with the types of firearms to be concealed as defined in Subsection <xref depth="4" refnumber="53-5-704(8)">(8)</xref>.</subsection></subsection><subsection number="53-5a-303(7)">An applicant who is a law enforcement officer under Section <xref depth="3" refnumber="53-13-103">53-13-103</xref> may provide a letter of good standing from the officer's commanding officer in place of the evidence required by Subsection <xref depth="4" refnumber="53-5-704(6)(d)">(6)(d)</xref>.</subsection><subsection number="53-5a-303(8)"><subsection number="53-5a-303(8)(a)">General familiarity with the types of firearms to be concealed includes training in:<subsection number="53-5a-303(8)(a)(i)">the safe loading, unloading, storage, and carrying of the types of firearms to be concealed; and</subsection><subsection number="53-5a-303(8)(a)(ii)">current laws defining lawful use of a firearm by a private citizen, including lawful self-defense, use of force by a private citizen, including use of deadly force, transportation, and concealment.</subsection></subsection><subsection number="53-5a-303(8)(b)">An applicant may satisfy the general familiarity requirement of Subsection <xref depth="4" refnumber="53-5-704(8)(a)">(8)(a)</xref> by one of the following:<subsection number="53-5a-303(8)(b)(i)">completion of a course of instruction conducted by a national, state, or local firearms training organization approved by the bureau;</subsection><subsection number="53-5a-303(8)(b)(ii)">certification of general familiarity by an individual who has been certified by the bureau, which may include a law enforcement officer, military or civilian firearms instructor, or hunter safety instructor; or</subsection><subsection number="53-5a-303(8)(b)(iii)">equivalent experience with a firearm through participation in an organized shooting competition, law enforcement, or military service.</subsection></subsection><subsection number="53-5a-303(8)(c)">Instruction taken by a student under this Subsection <xref depth="4" refnumber="53-5-704(8)">(8)</xref> shall be in person and not through electronic means.</subsection><subsection number="53-5a-303(8)(d)">An individual applying for a renewal permit is not required to retake the firearms training described in this Subsection (8) if the individual:<subsection number="53-5a-303(8)(d)(i)">has an unexpired permit; or</subsection><subsection number="53-5a-303(8)(d)(ii)">has a permit that expired less than one year before the date on which the renewal application was submitted.</subsection></subsection></subsection><subsection number="53-5a-303(9)"><subsection number="53-5a-303(9)(a)">An applicant for certification as a Utah concealed firearms instructor shall:<subsection number="53-5a-303(9)(a)(i)">be at least 21 years old;</subsection><subsection number="53-5a-303(9)(a)(ii)">be currently eligible to possess a firearm under Section <xref depth="3" refnumber="76-11-302">76-11-302</xref> or <xref depth="3" refnumber="76-11-303">76-11-303</xref>;</subsection><subsection number="53-5a-303(9)(a)(iii)">have:<subsection number="53-5a-303(9)(a)(iii)(A)">completed a firearm instruction training course from the National Rifle Association or another nationally recognized firearm training organization that customarily offers firearm safety and firearm law instructor training or the Department of Public Safety, Division of Peace Officer Safety Standards and Training; or</subsection><subsection number="53-5a-303(9)(a)(iii)(B)">received training equivalent to one of the courses referred to in Subsection <xref depth="4" refnumber="53-5-704(9)(a)(iii)(a)">(9)(a)(iii)(A)</xref> as determined by the bureau;</subsection></subsection><subsection number="53-5a-303(9)(a)(iv)">have taken a course of instruction and passed a certification test as described in Subsection <xref depth="4" refnumber="53-5-704(9)(c)">(9)(c)</xref>; and</subsection><subsection number="53-5a-303(9)(a)(v)">possess a Utah concealed firearm permit.</subsection></subsection><subsection number="53-5a-303(9)(b)">An instructor's certification is valid for three years from the date of issuance, unless revoked by the bureau.</subsection><subsection number="53-5a-303(9)(c)"><subsection number="53-5a-303(9)(c)(i)">In order to obtain initial certification or renew a certification, an instructor shall attend an instructional course and pass a test under the direction of the bureau.</subsection><subsection number="53-5a-303(9)(c)(ii)"><subsection number="53-5a-303(9)(c)(ii)(A)">The bureau shall provide or contract to provide the course referred to in Subsection <xref depth="4" refnumber="53-5-704(9)(c)(i)">(9)(c)(i)</xref> twice every year.</subsection><subsection number="53-5a-303(9)(c)(ii)(B)">The course shall include instruction on current Utah law related to firearms, including concealed carry statutes and rules, and the use of deadly force by private citizens.</subsection></subsection></subsection><subsection number="53-5a-303(9)(d)"><subsection number="53-5a-303(9)(d)(i)">Each applicant for certification under this Subsection <xref depth="4" refnumber="53-5-704(9)">(9)</xref> shall:<subsection number="53-5a-303(9)(d)(i)(A)">before July 1, 2026, pay a fee of $50.00 at the time of application for initial certification; and</subsection><subsection number="53-5a-303(9)(d)(i)(B)">on or after July 1, 2026, pay a fee determined by the bureau.</subsection></subsection><subsection number="53-5a-303(9)(d)(ii)">The renewal fee for the certificate is:<subsection number="53-5a-303(9)(d)(ii)(A)"> before July 1, 2026, $25; and</subsection><subsection number="53-5a-303(9)(d)(ii)(B)">on or after July 1, 2026, a fee determined by the bureau.</subsection></subsection><subsection number="53-5a-303(9)(d)(iii)">The bureau may use a fee paid under Subsections <xref depth="4" refnumber="53-5-704(9)(d)(i)">(9)(d)(i)</xref> and <xref depth="4" refnumber="53-5-704(ii)">(ii)</xref> as a dedicated credit to cover the cost incurred in maintaining and improving the instruction program required for concealed firearm instructors under this Subsection <xref depth="4" refnumber="53-5-704(9)">(9)</xref>.</subsection></subsection></subsection><subsection number="53-5a-303(10)">A certified concealed firearms instructor shall provide each of the instructor's students with the required course of instruction outline approved by the bureau.</subsection><subsection number="53-5a-303(11)"><subsection number="53-5a-303(11)(a)"><subsection number="53-5a-303(11)(a)(i)">A concealed firearms instructor shall provide a signed certificate to an individual successfully completing the offered course of instruction.</subsection><subsection number="53-5a-303(11)(a)(ii)">The instructor shall sign the certificate with the exact name indicated on the instructor's certification issued by the bureau under Subsection <xref depth="4" refnumber="53-5-704(9)">(9)</xref>.</subsection><subsection number="53-5a-303(11)(a)(iii)"><subsection number="53-5a-303(11)(a)(iii)(A)">The certificate shall also have affixed to it the instructor's official seal, which is the exclusive property of the instructor and may not be used by any other individual.</subsection><subsection number="53-5a-303(11)(a)(iii)(B)">The instructor shall destroy the seal upon revocation or expiration of the instructor's certification under Subsection <xref depth="4" refnumber="53-5-704(9)">(9)</xref>.</subsection><subsection number="53-5a-303(11)(a)(iii)(C)">The bureau shall determine the design and content of the seal to include at least the following:<subsection number="53-5a-303(11)(a)(iii)(C)(I)">the instructor's name as it appears on the instructor's certification;</subsection><subsection number="53-5a-303(11)(a)(iii)(C)(II)">the words "Utah Certified Concealed Firearms Instructor," "state of Utah," and "my certification expires on (the instructor's certification expiration date)"; and</subsection><subsection number="53-5a-303(11)(a)(iii)(C)(III)">the instructor's business or residence address.</subsection></subsection><subsection number="53-5a-303(11)(a)(iii)(D)">The seal shall be affixed to each student certificate issued by the instructor in a manner that does not obscure or render illegible any information or signatures contained in the document.</subsection></subsection></subsection><subsection number="53-5a-303(11)(b)">The applicant shall provide the certificate to the bureau in compliance with Subsection <xref depth="4" refnumber="53-5-704(6)(d)">(6)(d)</xref>.</subsection></subsection><subsection number="53-5a-303(12)">The bureau may deny, suspend, or revoke the certification of an applicant or a concealed firearms instructor if it has reason to believe the applicant or the instructor has:<subsection number="53-5a-303(12)(a)">become ineligible to possess a firearm under Section <xref depth="3" refnumber="76-11-302">76-11-302</xref> or <xref depth="3" refnumber="76-11-303">76-11-303</xref>, or federal law; or</subsection><subsection number="53-5a-303(12)(b)">knowingly and willfully provided false information to the bureau.</subsection></subsection><subsection number="53-5a-303(13)">An applicant for certification or a concealed firearms instructor has the same appeal rights as described in Subsection <xref depth="4" refnumber="53-5-704(16)">(16)</xref>.</subsection><subsection number="53-5a-303(14)">In providing instruction and issuing a permit under this part, the concealed firearms instructor and the bureau are not vicariously liable for damages caused by the permit holder.</subsection><subsection number="53-5a-303(15)">An individual who knowingly and willfully provides false information on an application filed under this part is guilty of a class B misdemeanor, and the application may be denied, or the permit may be suspended or revoked.</subsection><subsection number="53-5a-303(16)"><subsection number="53-5a-303(16)(a)">In the event of a denial, suspension, or revocation of a permit, the applicant or permit holder may file a petition for review with the board within 60 days from the date the denial, suspension, or revocation is received by the applicant or permit holder by certified mail, return receipt requested.</subsection><subsection number="53-5a-303(16)(b)">The bureau's denial of a permit shall be in writing and shall include the general reasons for the action.</subsection><subsection number="53-5a-303(16)(c)">If an applicant or permit holder appeals the denial to the review board, the applicant or permit holder may have access to the evidence upon which the denial is based in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.</subsection><subsection number="53-5a-303(16)(d)">On appeal to the board, the bureau has the burden of proof by a preponderance of the evidence.</subsection><subsection number="53-5a-303(16)(e)"><subsection number="53-5a-303(16)(e)(i)">Upon a ruling by the board on the appeal of a denial, the board shall issue a final order within 30 days stating the board's decision.</subsection><subsection number="53-5a-303(16)(e)(ii)">The final order shall be in the form prescribed by Subsection <xref depth="4" refnumber="63G-4-203(1)(i)">63G-4-203(1)(i)</xref>.</subsection><subsection number="53-5a-303(16)(e)(iii)">The final order is final bureau action for purposes of judicial review under Section <xref depth="3" refnumber="63G-4-402">63G-4-402</xref>.</subsection></subsection></subsection><subsection number="53-5a-303(17)"><subsection number="53-5a-303(17)(a)">The bureau shall, beginning July 1, 2026, establish fees authorized in this part in accordance with the procedures specified in Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>.</subsection><subsection number="53-5a-303(17)(b)">When submitting the information required to the Legislature under Subsection <xref depth="4" refnumber="63J-1-504(6)(a)">63J-1-504(6)(a)</xref>, the bureau shall also provide, for the previous five years categorized by year:<subsection number="53-5a-303(17)(b)(i)">the number of permit holders;</subsection><subsection number="53-5a-303(17)(b)(ii)">the amount of revenue deposited into the Concealed Weapons Account created in Section <xref depth="3" refnumber="53-5-707">53-5-707</xref> that is collected from fees for:<subsection number="53-5a-303(17)(b)(ii)(A)">nonresidents; and</subsection><subsection number="53-5a-303(17)(b)(ii)(B)">residents; and</subsection></subsection><subsection number="53-5a-303(17)(b)(iii)">the amount of expenditures from the Concealed Weapons Account created in Section <xref depth="3" refnumber="53-5-707">53-5-707</xref>.</subsection></subsection></subsection><subsection number="53-5a-303(18)">The commissioner may make rules in accordance with Title <xref depth="1" refnumber="63G-3">63G, Chapter 3</xref>, Utah Administrative Rulemaking Act, necessary to administer this chapter.</subsection></section>