First Substitute H.B. 30

1

CONCEALED FIREARMS AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Steve Barth
5 AN ACT RELATING TO PUBLIC SAFETY; PROVIDING DEFINITIONS; PROVIDING
6 THAT THE COMMISSIONER OF THE DEPARTMENT OF PUBLIC SAFETY APPOINTS
7 MEMBERS OF THE CONCEALED WEAPON REVIEW BOARD; AMENDING DUTIES
8 OF THE BOARD; MODIFYING SPECIFIC GROUNDS AND PROCEDURES FOR
9 DENIAL, SUSPENSION, OR REVOCATION OF CONCEALED FIREARMS PERMITS;
10 AMENDING REQUIREMENTS FOR ISSUANCE; PROVIDING AN AFFIRMATIVE DUTY
11 WHEN PERMIT HOLDER USES FIREARM IN DEFENSE OF SELF OR ANOTHER; AND
12 MAKING TECHNICAL CORRECTIONS.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 AMENDS:
15 53-5-702, as enacted by Chapter 234, Laws of Utah 1993
16 53-5-703, as last amended by Chapter 243, Laws of Utah 1996
17 53-5-704, as last amended by Chapter 1, Laws of Utah 1996
18 53-5-705, as renumbered and amended by Chapter 234, Laws of Utah 1993
19 REPEALS:
20 53-5-709, as renumbered and amended by Chapter 234, Laws of Utah 1993
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 53-5-702 is amended to read:
23 53-5-702. Definitions.
24 (1) As used in this part[, "board"]:
25 (a) "Board" means the Concealed Weapon Review Board created in Section 53-5-703[.];
26 (b) "Commissioner" means the commissioner of the Department of Public Safety; and
27 (c) "Conviction" means criminal conduct where the filing of a criminal charge has resulted

1 in:
2 (i) a finding of guilt based on evidence presented to a judge or jury;
3 (ii) a guilty plea;
4 (iii) a plea of nolo contendere;
5 (iv) a plea of guilty or nolo contendere which is held in abeyance pending the successful
6 completion of probation;
7 (v) a pending diversion agreement; or
8 (vi) a conviction which has been reduced pursuant to Section 76-3-402.
9 (2) The definitions in Section 76-10-501 apply to this part.
10 Section 2. Section 53-5-703 is amended to read:
11 53-5-703. Board -- Membership -- Compensation -- Terms -- Duties.
12 (1) There is created within the division the Concealed Weapon Review Board.
13 (2) (a) The board is comprised of not more than five members appointed by the
14 commissioner on a bipartisan basis.
15 (b) The board shall include a member representing law enforcement and at least two
16 citizens, one of whom represents sporting interests.
17 (3) (a) Except as required by Subsection (b), as terms of current board members expire,
18 the [governor] commissioner shall appoint each new member or reappointed member to a four-year
19 term.
20 (b) Notwithstanding the requirements of Subsection (a), the [governor] commissioner
21 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
22 terms of board members are staggered so that approximately half of the board is appointed every
23 two years.
24 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
25 appointed for the unexpired term.
26 (5) (a) (i) Members who are not government employees shall receive no compensation or
27 benefits for their services, but may receive per diem and expenses incurred in the performance of
28 the member's official duties at the rates established by the Division of Finance under Sections
29 63A-3-106 and 63A-3-107.
30 (ii) Members may decline to receive per diem and expenses for their service.
31 (b) (i) State government officer and employee members who do not receive salary, per

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1 diem, or expenses from their agency for their service may receive per diem and expenses incurred
2 in the performance of their official duties from the board at the rates established by the Division
3 of Finance under Sections 63A-3-106 and 63A-3-107.
4 (ii) State government officer and employee members may decline to receive per diem and
5 expenses for their service.
6 (6) The board shall meet at least quarterly, unless the board has no business to conduct
7 during that quarter.
8 (7) The board, upon receiving a timely filed petition for review, shall review within a
9 reasonable time the denial [or], suspension, or revocation of a permit or a temporary permit to
10 carry a concealed [weapon] firearm.
11 Section 3. Section 53-5-704 is amended to read:
12 53-5-704. Division duties -- Permit to carry concealed firearm -- Requirements for
13 issuance -- Violation -- Denial, suspension, or revocation -- Appeal procedure.
14 (1) The division or its designated agent shall issue a permit to carry a concealed firearm
15 for lawful self defense to an applicant who is 21 years of age or older within 60 days after
16 receiving an application and upon proof that the person applying is of good character. The permit
17 is valid throughout the state, without restriction, for two years.
18 (2) An applicant satisfactorily demonstrates good character if he:
19 (a) has not been convicted of a felony;
20 (b) has not been convicted of any crime of violence;
21 (c) has not been convicted of any offenses involving the use of alcohol;
22 (d) has not been convicted of any offense involving the unlawful use of narcotics or other
23 controlled substances;
24 (e) has not been convicted of any offenses involving moral turpitude;
25 (f) has not been convicted of any offense involving domestic violence; [and]
26 (g) has not been adjudicated by a court of a state or of the United States as mentally
27 incompetent, unless the adjudication has been withdrawn or reversed.
28 (3) (a) The division may deny, suspend, or revoke a concealed firearm permit if the
29 licensing authority has reasonable cause to believe that the applicant has been or is a danger to self
30 or others as demonstrated by evidence including, but not limited to:
31 (i) past pattern of behavior involving unlawful violence or threats of unlawful violence;

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1 [or]
2 (ii) past participation in incidents involving unlawful violence or threats of unlawful
3 violence; or
4 (iii) conviction of any offense in violation of Title 76, Chapter 10, Part 5, Weapons.
5 (b) In determining whether the applicant has been or is a danger to self or others, the
6 division may inspect:
7 (i) expunged records of arrests and convictions of adults as provided in Section 77-18-15;
8 and
9 (ii) juvenile court records as provided in Section 78-3a-206.
10 (c) (i) If a person granted a permit under this part has been charged with a crime under
11 Subsection (2) or (3)(a)(iii) above, the division shall temporarily suspend the permit.
12 (ii) Upon notice of the acquittal of the person charged, or notice of the charges having been
13 dropped, the division shall immediately reinstate the suspended permit.
14 (4) A former peace officer who departs full-time employment as a peace officer, in an
15 honorable manner, shall be issued a concealed firearm permit within five years of that departure
16 if the officer meets the requirements of this section.
17 (5) In assessing good character under Subsection (2), the licensing authority shall consider
18 mitigating circumstances.
19 (6) The licensing authority shall also require the applicant to provide:
20 (a) letters of character reference;
21 (b) two recent dated photographs;
22 (c) two sets of fingerprints;
23 (d) a five-year employment history;
24 (e) a five-year residential history; and
25 (f) evidence of general familiarity with the types of firearms to be concealed as defined
26 in Subsection (7).
27 (7) (a) General familiarity with the types of firearms to be concealed includes training in:
28 (i) the safe loading, unloading, storage, and carrying of the types of firearms to be
29 concealed; and
30 (ii) current laws defining lawful use of a firearm by a private citizen, including lawful
31 self-defense, use of deadly force, transportation, and concealment.

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1 (b) Evidence of general familiarity with the types of firearms to be concealed [is] may be
2 satisfied by one of the following:
3 (i) completion of a course of instruction conducted by any national, state, or local firearms
4 training organization approved by the division;
5 (ii) certification of general familiarity by a person who has been approved by the division,
6 which may include a law enforcement officer, military or civilian firearms instructor, or hunter
7 safety instructor; or
8 (iii) equivalent experience with a firearm through participation in an organized shooting
9 competition, law enforcement, or military service.
10 (8) In issuing a permit under this part, the licensing authority is not vicariously liable for
11 damages caused by the permit holder.
12 (9) If any person knowingly and willfully provides false information on an application
13 filed under this part, he is guilty of a class B misdemeanor[. Upon conviction, if a decision on the
14 application is pending, the application shall be denied; if the permit has been issued, it shall be
15 immediately revoked], and his application may be denied, or his permit may be suspended or
16 revoked.
17 (10) (a) In the event of a denial, suspension, or revocation by the agency, the applicant
18 may[,] file a petition for review with the board within [60] 30 days of the date the denial,
19 suspension, or revocation is received by the applicant[, file a petition for review with the board]
20 by certified mail, return receipt requested.
21 (b) The denial of a permit shall be in writing and shall include the general reasons for the
22 action.
23 (c) If an applicant appeals his denial to the review board, the applicant may have access
24 to the evidence upon which the denial is based in accordance with Title 63, Chapter 2, Government
25 Records Access and Management Act.
26 (d) On appeal to the board, the agency shall have the burden of proof by a preponderance
27 of the evidence.
28 (e) Upon a ruling by the board on the appeal of a denial, the division shall issue a final
29 order within 30 days stating the board's decision. The final order shall be in the form prescribed
30 by Subsection 63-46b-5(1)(i). The final order is final agency action for purposes of judicial review
31 under Section 63-46b-15.

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1 (12) The commissioner may make rules in accordance with Title 63, Chapter 46a. Utah
2 Administrative Rulemaking Act, necessary to administer this chapter.
3 Section 4. Section 53-5-705 is amended to read:
4 53-5-705. Temporary permit to carry concealed firearm -- Denial, suspension, or
5 revocation -- Appeal.
6 (1) The division or its designated agent may issue a temporary permit to carry a concealed
7 firearm to a person who:
8 (a) has applied for a permit under Section 53-5-704;
9 (b) has applied for a temporary permit under this section; and
10 (c) meets the criteria required in Subsections (2) and (3).
11 (2) To receive a temporary permit under this section, the applicant shall:
12 (a) demonstrate good character by the same requirements as in Section 53-5-704; and
13 (b) demonstrate in writing to the satisfaction of the licensing authority extenuating
14 circumstances that would justify issuing a temporary permit.
15 (3) A temporary permit may not be issued under this section until preliminary record
16 checks regarding the applicant have been made with the National Crime Information Center and
17 the division to determine any criminal history.
18 (4) A temporary permit is valid only for a maximum of 90 days or any lesser period
19 specified by the division, or until a permit under Section 53-5-704 is issued to the holder of the
20 temporary permit, whichever period is shorter.
21 (5) The licensing authority may deny [issuance], suspend, or revoke a temporary permit
22 prior to expiration if the commissioner determines:
23 (a) the circumstances justifying the temporary permit no longer exist;
24 (b) the holder of the permit has knowingly and willfully provided false information
25 regarding his character; or
26 (c) the holder of the temporary permit does not meet the requirements for a permit under
27 Section 53-5-704.
28 (6) (a) The denial, suspension, or revocation of a temporary permit shall be in writing and
29 shall include the reasons for the action.
30 (b) The licensing authority's decision to deny, suspend, or revoke a temporary permit may
31 not be appealed to the board.

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1 (c) Denial, suspension, or revocation under this subsection is final action for purposes of
2 judicial review under Section 63-46b-15.
3 Section 5. Repealer.
4 This act repeals:
5 Section 53-5-709, Permit -- Suspension -- Revocation by division for law violation.

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