H.B. 30 Enrolled

CONCEALED FIREARMS AMENDMENTS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Steve Barth
AN ACT RELATING TO PUBLIC SAFETY; PROVIDING DEFINITIONS; PROVIDING
THAT THE GOVERNOR APPOINTS MEMBERS OF THE CONCEALED WEAPON
REVIEW BOARD; AMENDING DUTIES OF THE BOARD; MODIFYING SPECIFIC
GROUNDS AND PROCEDURES FOR DENIAL, SUSPENSION, OR REVOCATION
OF CONCEALED FIREARMS PERMITS; AMENDING REQUIREMENTS FOR
ISSUANCE; PROVIDING AN AFFIRMATIVE DUTY WHEN PERMIT HOLDER
USES FIREARM IN DEFENSE OF SELF OR ANOTHER; AND MAKING
TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53-5-702, as enacted by Chapter 234, Laws of Utah 1993
53-5-703, as last amended by Chapter 243, Laws of Utah 1996
53-5-704, as last amended by Chapter 1, Laws of Utah 1996
53-5-705, as renumbered and amended by Chapter 234, Laws of Utah 1993
REPEALS:
53-5-709, as renumbered and amended by Chapter 234, Laws of Utah 1993
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53-5-702 is amended to read:
53-5-702. Definitions.
(1) As used in this part[, "board"]:
(a) "Board" means the Concealed Weapon Review Board created in Section 53-5-703[.];
(b) "Commissioner" means the commissioner of the Department of Public Safety; and
(c) "Conviction" means criminal conduct where the filing of a criminal charge has resulted
in:
(i) a finding of guilt based on evidence presented to a judge or jury;

(ii) a guilty plea;
(iii) a plea of nolo contendere;
(iv) a plea of guilty or nolo contendere which is held in abeyance pending the successful
completion of probation;
(v) a pending diversion agreement; or
(vi) a conviction which has been reduced pursuant to Section 76-3-402.
(2) The definitions in Section 76-10-501 apply to this part.
Section 2. Section 53-5-703 is amended to read:
53-5-703. Board -- Membership -- Compensation -- Terms -- Duties.
(1) There is created within the division the Concealed Weapon Review Board.
(2) (a) The board is comprised of not more than five members appointed by the
commissioner on a bipartisan basis.
(b) The board shall include a member representing law enforcement and at least two citizens,
one of whom represents sporting interests.
(3) (a) Except as required by Subsection (b), as terms of current board members expire, the
governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
appointment or reappointment, adjust the length of terms to ensure that the terms of board members
are staggered so that approximately half of the board is appointed every two years.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(5) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the

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performance of their official duties from the board at the rates established by the Division of Finance
under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(6) The board shall meet at least quarterly, unless the board has no business to conduct
during that quarter.
(7) The board, upon receiving a timely filed petition for review, shall review within a
reasonable time the denial [or], suspension, or revocation of a permit or a temporary permit to carry
a concealed [weapon] firearm.
Section 3. Section 53-5-704 is amended to read:
53-5-704. Division duties -- Permit to carry concealed firearm -- Requirements for
issuance -- Violation -- Denial, suspension, or revocation -- Appeal procedure.
(1) The division or its designated agent shall issue a permit to carry a concealed firearm for
lawful self defense to an applicant who is 21 years of age or older within 60 days after receiving an
application and upon proof that the person applying is of good character. The permit is valid
throughout the state, without restriction, for two years.
(2) An applicant satisfactorily demonstrates good character if he:
(a) has not been convicted of a felony;
(b) has not been convicted of any crime of violence;
(c) has not been convicted of any offenses involving the use of alcohol;
(d) has not been convicted of any offense involving the unlawful use of narcotics or other
controlled substances;
(e) has not been convicted of any offenses involving moral turpitude;
(f) has not been convicted of any offense involving domestic violence; [and]
(g) has not been adjudicated by a court of a state or of the United States as mentally
incompetent, unless the adjudication has been withdrawn or reversed.
(3) (a) The division may deny, suspend, or revoke a concealed firearm permit if the licensing
authority has reasonable cause to believe that the applicant has been or is a danger to self or others

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as demonstrated by evidence including, but not limited to:
(i) past pattern of behavior involving unlawful violence or threats of unlawful violence; [or]
(ii) past participation in incidents involving unlawful violence or threats of unlawful
violence; or
(iii) conviction of any offense in violation of Title 76, Chapter 10, Part 5, Weapons.
(b) In determining whether the applicant has been or is a danger to self or others, the division
may inspect:
(i) expunged records of arrests and convictions of adults as provided in Section 77-18-15;
and
(ii) juvenile court records as provided in Section 78-3a-206.
(c) (i) If a person granted a permit under this part has been charged with a crime of violence
in Utah or any other state, the division shall suspend the permit.
(ii) Upon notice of the acquittal of the person charged, or notice of the charges having been
dropped, the division shall immediately reinstate the suspended permit.
(4) A former peace officer who departs full-time employment as a peace officer, in an
honorable manner, shall be issued a concealed firearm permit within five years of that departure if
the officer meets the requirements of this section.
(5) In assessing good character under Subsection (2), the licensing authority shall consider
mitigating circumstances.
(6) The licensing authority shall also require the applicant to provide:
(a) letters of character reference;
(b) two recent dated photographs;
(c) two sets of fingerprints;
(d) a five-year employment history;
(e) a five-year residential history; and
(f) evidence of general familiarity with the types of firearms to be concealed as defined in
Subsection (7).
(7) (a) General familiarity with the types of firearms to be concealed includes training in:

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(i) the safe loading, unloading, storage, and carrying of the types of firearms to be concealed;
and
(ii) current laws defining lawful use of a firearm by a private citizen, including lawful
self-defense, use of deadly force, transportation, and concealment.
(b) Evidence of general familiarity with the types of firearms to be concealed [is] may be
satisfied by one of the following:
(i) completion of a course of instruction conducted by any national, state, or local firearms
training organization approved by the division;
(ii) certification of general familiarity by a person who has been approved by the division,
which may include a law enforcement officer, military or civilian firearms instructor, or hunter safety
instructor; or
(iii) equivalent experience with a firearm through participation in an organized shooting
competition, law enforcement, or military service.
(8) In issuing a permit under this part, the licensing authority is not vicariously liable for
damages caused by the permit holder.
(9) If any person knowingly and willfully provides false information on an application filed
under this part, he is guilty of a class B misdemeanor[. Upon conviction, if a decision on the
application is pending, the application shall be denied; if the permit has been issued, it shall be
immediately revoked], and his application may be denied, or his permit may be suspended or
revoked.
(10) (a) In the event of a denial, suspension, or revocation by the agency, the applicant
may[,] file a petition for review with the board within 60 days [of] from the date the denial,
suspension, or revocation is received by the applicant[, file a petition for review with the board] by
certified mail, return receipt requested.
(b) The denial of a permit shall be in writing and shall include the general reasons for the
action.
(c) If an applicant appeals his denial to the review board, the applicant may have access to
the evidence upon which the denial is based in accordance with Title 63, Chapter 2, Government

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Records Access and Management Act.
(d) On appeal to the board, the agency shall have the burden of proof by a preponderance
of the evidence.
(e) Upon a ruling by the board on the appeal of a denial, the division shall issue a final order
within 30 days stating the board's decision. The final order shall be in the form prescribed by
Subsection 63-46b-5(1)(i). The final order is final agency action for purposes of judicial review
under Section 63-46b-15.
(12) The commissioner may make rules in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, necessary to administer this chapter.
Section 4. Section 53-5-705 is amended to read:
53-5-705. Temporary permit to carry concealed firearm -- Denial, suspension, or
revocation -- Appeal.
(1) The division or its designated agent may issue a temporary permit to carry a concealed
firearm to a person who:
(a) has applied for a permit under Section 53-5-704;
(b) has applied for a temporary permit under this section; and
(c) meets the criteria required in Subsections (2) and (3).
(2) To receive a temporary permit under this section, the applicant shall:
(a) demonstrate good character by the same requirements as in Section 53-5-704; and
(b) demonstrate in writing to the satisfaction of the licensing authority extenuating
circumstances that would justify issuing a temporary permit.
(3) A temporary permit may not be issued under this section until preliminary record checks
regarding the applicant have been made with the National Crime Information Center and the division
to determine any criminal history.
(4) A temporary permit is valid only for a maximum of 90 days or any lesser period
specified by the division, or until a permit under Section 53-5-704 is issued to the holder of the
temporary permit, whichever period is shorter.
(5) The licensing authority may deny [issuance], suspend, or revoke a temporary permit prior

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to expiration if the commissioner determines:
(a) the circumstances justifying the temporary permit no longer exist;
(b) the holder of the permit has knowingly and willfully provided false information
regarding his character; or
(c) the holder of the temporary permit does not meet the requirements for a permit under
Section 53-5-704.
(6) (a) The denial, suspension, or revocation of a temporary permit shall be in writing and
shall include the reasons for the action.
(b) The licensing authority's decision to deny, suspend, or revoke a temporary permit may
not be appealed to the board.
(c) Denial, suspension, or revocation under this subsection is final action for purposes of
judicial review under Section 63-46b-15.
Section 5. Repealer.
This act repeals:
Section 53-5-709, Permit -- Suspension -- Revocation by division for law violation.

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