H.B. 46

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FEE FOR BACKGROUND CHECK BEFORE
2 HANDGUN PURCHASE
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Susan J. Koehn
6 AN ACT RELATING TO CRIMINAL CODE; MODIFYING FEE FOR CRIMINAL
7 BACKGROUND CHECK BEFORE PURCHASE OF A HANDGUN.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 76-10-526, as last amended by Chapters 28 and 295, Laws of Utah 1995
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 76-10-526 is amended to read:
13 76-10-526. Criminal background check prior to purchase of a handgun.
14 (1) To establish personal identification and residence in this state for purposes of this part,
15 a dealer shall require any person receiving a handgun to present:
16 (a) one photo identification on a form issued by a governmental agency of the state; and
17 (b) one other documentation of residence which must show an address identical to that
18 shown on the photo identification form.
19 (2) A criminal history background check is required for the sale of a handgun by a licensed
20 firearm dealer in the state.
21 (3) Any person purchasing a handgun from a dealer shall consent in writing to a criminal
22 background check, on a form provided by the division. The form shall also contain the following
23 information:
24 (a) the dealer identification number;
25 (b) the name and address of the person receiving the handgun;
26 (c) the date of birth, height, weight, eye color, and hair color of the person receiving the
27 handgun; and

1 (d) the Social Security number or any other identification number of the person receiving
2 the handgun.
3 (4) (a) The dealer shall send the form required by Subsection (3) to the division
4 immediately upon its completion.
5 (b) No dealer shall sell or transfer any handgun to any person until the dealer has provided
6 the division with the information in Subsection (3) and has received approval from the division
7 under Subsection (5).
8 (5) The dealer shall make a request for criminal history background information by
9 telephone to the division and shall receive approval or denial of the inquiry by telephone.
10 (6) When the dealer calls for a criminal history background check, the division shall:
11 (a) review the criminal history files to determine if the person is prohibited from
12 purchasing, possessing, or transferring a handgun by state or federal law;
13 (b) inform the dealer that:
14 (i) the criminal record indicates the person is so prohibited; or
15 (ii) the person is approved for purchasing, possessing, or transferring a handgun;
16 (c) provide the dealer with a unique transaction number for that inquiry; and
17 (d) provide a response to the requesting dealer during the call for a criminal background,
18 or by return call without delay, except in case of electronic failure or other circumstances beyond
19 the control of the division, the division shall advise the dealer of the reason for such delay and give
20 the dealer an estimate of the length of such delay.
21 (7) The division shall not maintain any records of the criminal history background check
22 longer than 20 days from the date of the dealer's request if the division determines that the person
23 receiving the gun is not prohibited from purchasing, possessing, or transferring the handgun under
24 state or federal law. However, the division shall maintain a log of requests containing the dealer's
25 federal firearms number, the transaction number, and the transaction date for a period of 12
26 months.
27 (8) If the criminal history background check discloses information indicating that the
28 person receiving the handgun is prohibited from purchasing, possessing, or transferring a handgun,
29 the division shall inform the chief law enforcement officer in the jurisdiction where the person
30 resides.
31 (9) If a person is denied the right to purchase a handgun under this section, the person may

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1 review his criminal history information and may challenge or amend the information as provided
2 in Subsection 53-5-214(8).
3 (10) The division shall make rules as provided in Title 63, Chapter 46a, Utah
4 Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all records
5 provided by the division pursuant to this part are in conformance with the requirements of the
6 Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
7 (11) (a) All dealers shall collect a fee established by the division in accordance with
8 [Subsection] Section 63-38-3.2 for every criminal history background check done pursuant to this
9 part. Until changed by the division through this process, the fee shall be [$5] $7.50.
10 (b) The dealer shall forward at one time all fees collected for criminal history background
11 checks performed during the month to the division by the last day of the month following the sale
12 of a handgun. The division may retain the fees as dedicated credits to cover the cost of
13 administering and conducting the criminal history background check program.




Legislative Review Note
as of 12-5-96 3:44 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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