H.B. 337

1

FIREARM PERMITS FOR RETIRED LAW
2 ENFORCEMENT PERSONNEL
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Gary F. Cox
6 AN ACT RELATING TO PUBLIC SAFETY; PROVIDING FOR ISSUANCE OF A
7 CONCEALED PERMIT TO RETIRED LAW ENFORCEMENT PERSONNEL UPON
8 CERTAIN CONDITIONS; PROVIDING THAT THE PERMIT IS VALID UNTIL
9 REVOKED; AND MAKING TECHNICAL CORRECTIONS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 53-5-704, as last amended by Chapter 1, Laws of Utah 1996
13 ENACTS:
14 53-5-710, Utah Code Annotated 1953
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 53-5-704 is amended to read:
17 53-5-704. Division duties -- Permit to carry concealed firearm -- Requirements for
18 issuance -- Violation -- Appeal procedure.
19 (1) The division or its designated agent shall issue a permit to carry a concealed firearm
20 for lawful self defense to an applicant who is 21 years of age or older within 60 days after
21 receiving an application and upon proof that the person applying is of good character. The permit
22 is valid throughout the state, without restriction, for two years.
23 (2) An applicant satisfactorily demonstrates good character if he:
24 (a) has not been convicted of a felony;
25 (b) has not been convicted of any crime of violence;
26 (c) has not been convicted of any offenses involving the use of alcohol;
27 (d) has not been convicted of any offense involving the unlawful use of narcotics or other

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5 incompetent, unless the adjudication has been withdrawn or reversed.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

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1 in:
2 (i) the safe loading, unloading, storage, and carrying of the types of firearms to be
3 concealed; and
4 (ii) current laws defining lawful use of a firearm by a private citizen, including lawful
5 self-defense, use of deadly force, transportation, and concealment.
6 (b) Evidence of general familiarity with the types of firearms to be concealed is satisfied
7 by one of the following:
8 (i) completion of a course of instruction conducted by any national, state, or local firearms
9 training organization approved by the division;
10 (ii) certification of general familiarity by a person who has been approved by the division,
11 which may include a law enforcement officer, military or civilian firearms instructor, or hunter
12 safety instructor; or
13 (iii) equivalent experience with a firearm through participation in an organized shooting
14 competition, law enforcement, or military service.
15 [(8)] (7) In issuing a permit under this part, the licensing authority is not vicariously liable
16 for damages caused by the permit holder.
17 [(9)] (8) If any person knowingly and willfully provides false information on an
18 application filed under this part, he is guilty of a class B misdemeanor. Upon conviction, if a
19 decision on the application is pending, the application shall be denied; if the permit has been
20 issued, it shall be immediately revoked.
21 [(10)] (9) (a) In the event of a denial or revocation by the agency, the applicant may,
22 within 60 days of the date the denial or revocation is received by the applicant, file a petition for
23 review with the board.
24 (b) The denial of a permit shall be in writing and shall include the general reasons for the
25 action.
26 (c) If an applicant appeals his denial to the review board, the applicant may have access
27 to the evidence upon which the denial is based in accordance with Title 63, Chapter 2, Government
28 Records Access and Management Act.
29 Section 2. Section 53-5-710 is enacted to read:
30 53-5-710. Former peace officer qualification -- Revocation.
31 (1) A former peace officer who departs full-time employment as a peace officer, in an

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1 honorable manner, shall be issued a concealed firearm permit within three years of that departure
2 if the officer meets the requirements of Section 53-5-704.
3 (2) Any permit issued pursuant to Subsection (1) shall be valid until revoked by the
4 division as provided in Section 53-5-709.




Legislative Review Note
as of 2-5-97 2:06 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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