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H.B. 118





Sponsor: Lowell A. Nelson

11    This act affects sections of Utah Code Annotated 1953 as follows:
12    AMENDS:
13         53-5-704, as last amended by Chapter 1, Laws of Utah 1996
14         53-5-707, as last amended by Chapter 115, Laws of Utah 1996
15    ENACTS:
16         53-5-704.1, Utah Code Annotated 1953
17         53-5-704.2, Utah Code Annotated 1953
18    Be it enacted by the Legislature of the state of Utah:
19        Section 1. Section 53-5-704 is amended to read:
20         53-5-704. Division duties -- Permit to carry concealed firearm -- Requirements for
21     issuance -- Violation -- Appeal procedure.
22        (1) The division or its designated agent shall issue a permit to carry a concealed firearm
23    for lawful self defense to an applicant who is 21 years of age or older within 60 days after
24    receiving an application and upon proof that the person applying is of good character. The permit
25    is valid throughout the state, without restriction, for two years.
26        (2) An applicant satisfactorily demonstrates good character if he:
27        (a) has not been convicted of a felony;

1        (b) has not been convicted of any crime of violence;
2        (c) has not been convicted of any offenses involving the use of alcohol;
3        (d) has not been convicted of any offense involving the unlawful use of narcotics or other
4    controlled substances;
5        (e) has not been convicted of any offenses involving moral turpitude;
6        (f) has not been convicted of any offense involving domestic violence; and
7        (g) has not been adjudicated by a court of a state or of the United States as mentally
8    incompetent, unless the adjudication has been withdrawn or reversed.
9        (3) (a) The division may deny a concealed firearm permit if the licensing authority has
10    reasonable cause to believe that the applicant has been or is a danger to self or others as
11    demonstrated by evidence including, but not limited to:
12        (i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
13    or
14        (ii) past participation in incidents involving unlawful violence or threats of unlawful
15    violence.
16        (b) In determining whether the applicant has been or is a danger to self or others, the
17    division may inspect:
18        (i) expunged records of arrests and convictions of adults as provided in Section 77-18-15;
19    and
20        (ii) juvenile court records as provided in Section 78-3a-206.
21        (4) A former peace officer who departs full-time employment as a peace officer, in an
22    honorable manner, shall be issued a concealed firearm permit within five years of that departure
23    if the officer meets the requirements of this section.
24        (5) In assessing good character under Subsection (2), the licensing authority shall consider
25    mitigating circumstances.
26        (6) The licensing authority shall also require the applicant to provide:
27        (a) letters of character reference;
28        (b) two recent dated photographs;
29        (c) two sets of fingerprints;
30        (d) a five-year employment history;
31        (e) a five-year residential history; and

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1        (f) evidence of general familiarity with the types of firearms to be concealed as defined
2    in Subsection (7).
3        (7) (a) General familiarity with the types of firearms to be concealed includes:
4        (i) training in:
5        [(i)] (A) the safe loading, unloading, storage, and carrying of the types of firearms to be
6    concealed; and
7        [(ii)] (B) current laws defining lawful use of a firearm by a private citizen, including
8    lawful self-defense, use of deadly force, transportation, and concealment[.]; and
9        (ii) training in the fundamentals of shooting to include firing of the type of firearms to be
10    concealed in practical range exercises and in determination of proficiency as specified by the
11    division pursuant to Section 53-5-704.1.
12        (b) Evidence of general familiarity with the types of firearms to be concealed is satisfied
13    by one of the following:
14        (i) completion of a course of instruction conducted by any national, state, or local firearms
15    training organization [approved] certified by the division pursuant to Section 53-5-704.1; or
16        (ii) certification of general familiarity by a person who has been [approved] certified by
17    the division pursuant to Section 53-5-704.1, which may include a law enforcement officer, military
18    or civilian firearms instructor, or hunter safety instructor[; or].
19        [(iii) equivalent experience with a firearm through participation in an organized shooting
20    competition, law enforcement, or military service.]
21        (8) In issuing a permit under this part, the licensing authority is not vicariously liable for
22    damages caused by the permit holder.
23        (9) If any person knowingly and willfully provides false information on an application
24    filed under this part, he is guilty of a class B misdemeanor. Upon conviction, if a decision on the
25    application is pending, the application shall be denied; if the permit has been issued, it shall be
26    immediately revoked.
27        (10) (a) In the event of a denial or revocation by the agency, the applicant may, within 60
28    days of the date the denial or revocation is received by the applicant, file a petition for review with
29    the board.
30        (b) The denial of a permit shall be in writing and shall include the general reasons for the
31    action.

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1        (c) If an applicant appeals his denial to the review board, the applicant may have access
2    to the evidence upon which the denial is based in accordance with Title 63, Chapter 2, Government
3    Records Access and Management Act.
4        Section 2. Section 53-5-704.1 is enacted to read:
5         53-5-704.1. Certification of instructors.
6        (1) For purposes of this part, "instructor" means a person certified as a concealed firearm
7    permit instructor under this section.
8        (2) The division, or a qualified person designated by the division who is not an employee
9    of the division, shall hold training classes and set qualification standards for instructors that
10    include:
11        (a) all of the familiarity requirements imposed on concealed firearm permit holders in
12    Section 53-5-704;
13        (b) firearm proficiency requirements; and
14        (c) firing range exercises or approved course of live fire.
15        (3) (a) The qualification standards and examinations of instructors for certification may
16    not exceed the level of information provided in the training classes for instructors.
17        (b) To certify, an instructor applicant shall pass the qualification standards and
18    examinations with a score of 90% or higher.
19        (4) (a) For certification of each instructor applicant, the division, or the person designated
20    under Subsection (2), shall determine:
21        (i) the training time required not to exceed 24 hours; and
22        (ii) training and application fees, not to exceed the cost of providing the program or fees
23    assessed by other local training organizations for equivalent training time.
24        (b) Attendance at instructor training can be waived for an instructor applicant who can
25    pass the examination prescribed in Subsection (3).
26        (5) The instructor certification classes shall be offered at least every six months provided
27    there are pending instructor applications.
28        (6) An instructor must recertify every five years.
29        (7) The division shall maintain and make available to the public a list of certified
30    instructors.
31        Section 3. Section 53-5-704.2 is enacted to read:

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1         53-5-704.2. Statistics required.
2        (1) The division shall collect statistics on concealed firearm permit holders, including:
3        (a) issuance, denial, revocation, and summary reasons for denial and revocation; and
4        (b) summaries of known incident reports.
5        (2) The division shall, within 30 days of the close of each legislative session, distribute
6    to certified instructors:
7        (a) the statistics collected pursuant to Subsection (1); and
8        (b) any changes to applicable laws made by the Legislature.
9        Section 4. Section 53-5-707 is amended to read:
10         53-5-707. Permit -- Fee -- Disposition.
11        (1) Each applicant for a permit shall pay a fee of $35 at the time of filing his application.
12        (2) The [renewal] fee [for the permit] is $5 for renewal of the permit or reissuance of a lost
13    permit.
14        (3) All fees shall promptly be deposited in the state treasury and credited to the General
15    Fund.
16        (4) The division may collect any fees charged by an outside agency for additional services
17    required by statute as a prerequisite for issuance of a permit. The division shall promptly forward
18    any fees collected to the appropriate agency.

Legislative Review Note
    as of 12-12-96 9:15 AM

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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