First Substitute H.B. 372

Representative Gary F. Cox proposes to substitute the following bill:

1 AMENDING REQUIREMENTS FOR CONCEALED
2 FIREARM PERMIT
3 2000 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Gary F. Cox
6 AN ACT RELATING TO PUBLIC SAFETY; AMENDING REQUIREMENTS FOR A
7 CONCEALED FIREARM PERMIT; MODIFYING FEES; AND MAKING CONFORMING
8 AMENDMENTS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 53-5-704, as last amended by Chapters 120 and 366, Laws of Utah 1999
12 53-5-707, as last amended by Chapters 120 and 227, Laws of Utah 1999
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 53-5-704 is amended to read:
15 53-5-704. Division duties -- Permit to carry concealed firearm -- Requirements for
16 issuance -- Violation -- Denial, suspension, or revocation -- Appeal procedure.
17 (1) The division or its designated agent shall issue a permit to carry a concealed firearm
18 for lawful self defense to an applicant who is 21 years of age or older within 60 days after
19 receiving an application and upon proof that the person applying is of good character. The permit
20 is valid throughout the state, without restriction except as provided by Section 53-5-710 :
21 (a) for two years; or
22 (b) for five years for permits issued or renewed on or after May 1, 1998.
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
28 controlled substances;
29 (e) has not been convicted of any offenses involving moral turpitude;
30 (f) has not been convicted of any offense involving domestic violence;
31 (g) has not been adjudicated by a court of a state or of the United States as mentally
32 incompetent, unless the adjudication has been withdrawn or reversed; and
33 (h) is qualified to purchase and possess a dangerous weapon and a handgun pursuant to
34 Section 76-10-503 and federal law.
35 (3) (a) The division may deny, suspend, or revoke a concealed firearm permit if the
36 licensing authority has reasonable cause to believe that the applicant has been or is a danger to self
37 or others as demonstrated by evidence including, but not limited to:
38 (i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
39 (ii) past participation in incidents involving unlawful violence or threats of unlawful
40 violence; or
41 (iii) conviction of any offense in violation of Title 76, Chapter 10, Part 5, Weapons.
42 (b) The division may not deny, suspend, or revoke a concealed firearm permit solely for
43 a single conviction for an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
44 (c) In determining whether the applicant has been or is a danger to self or others, the
45 division may inspect:
46 (i) expunged records of arrests and convictions of adults as provided in Section 77-18-15 ;
47 and
48 (ii) juvenile court records as provided in Section 78-3a-206 .
49 (d) (i) If a person granted a permit under this part has been charged with a crime of
50 violence in Utah or any other state, the division shall suspend the permit.
51 (ii) Upon notice of the acquittal of the person charged, or notice of the charges having been
52 dropped, the division shall immediately reinstate the suspended permit.
53 (4) A former peace officer who departs full-time employment as a peace officer, in an
54 honorable manner, shall be issued a concealed firearm permit within five years of that departure
55 if the officer meets the requirements of this section.
56 (5) In assessing good character under Subsection (2), the licensing authority shall consider

57 mitigating circumstances.
58 (6) Except as provided in Subsection (7), the licensing authority shall also require the
59 applicant to provide:
60 (a) address of applicant's permanent residence;
61 [(a)] (b) letters of character reference;
62 [(b)] (c) two recent dated photographs;
63 [(c)] (d) two sets of fingerprints;
64 [(d)] (e) a five-year employment history;
65 [(e)] (f) a five-year residential history; and
66 [(f)] (g) evidence of general familiarity with the types of firearms to be concealed as
67 defined in Subsection (8).
68 (7) An applicant who is a law enforcement officer under Section 53-13-103 may provide
69 a letter of good standing from the officer's commanding officer in place of the items required by
70 Subsections (6)[(a), (d)](b), (e), [and] (f), and (g).
71 (8) (a) General familiarity with the types of firearms to be concealed includes training in:
72 (i) the safe loading, unloading, storage, and carrying of the types of firearms to be
73 concealed; and
74 (ii) current laws defining lawful use of a firearm by a private citizen, including lawful
75 self-defense, use of deadly force, transportation, and concealment.
76 (b) Evidence of general familiarity with the types of firearms to be concealed may be
77 satisfied by one of the following:
78 (i) completion of a course of instruction conducted by any national, state, or local firearms
79 training organization approved by the division;
80 (ii) certification of general familiarity by a person who has been approved by the division,
81 which may include a law enforcement officer, military or civilian firearms instructor, or hunter
82 safety instructor; or
83 (iii) equivalent experience with a firearm through participation in an organized shooting
84 competition, law enforcement, or military service.
85 (9) In issuing a permit under this part, the licensing authority is not vicariously liable for
86 damages caused by the permit holder.
87 (10) If any person knowingly and willfully provides false information on an application

88 filed under this part, he is guilty of a class B misdemeanor, and his application may be denied, or
89 his permit may be suspended or revoked.
90 (11) (a) In the event of a denial, suspension, or revocation by the agency, the applicant may
91 file a petition for review with the board within 60 days from the date the denial, suspension, or
92 revocation is received by the applicant by certified mail, return receipt requested.
93 (b) The denial of a permit shall be in writing and shall include the general reasons for the
94 action.
95 (c) If an applicant appeals his denial to the review board, the applicant may have access
96 to the evidence upon which the denial is based in accordance with Title 63, Chapter 2, Government
97 Records Access and Management Act.
98 (d) On appeal to the board, the agency shall have the burden of proof by a preponderance
99 of the evidence.
100 (e) Upon a ruling by the board on the appeal of a denial, the division shall issue a final
101 order within 30 days stating the board's decision. The final order shall be in the form prescribed
102 by Subsection 63-46b-5 (1)(i). The final order is final agency action for purposes of judicial review
103 under Section 63-46b-15 .
104 (12) The commissioner may make rules in accordance with Title 63, Chapter 46a, Utah
105 Administrative Rulemaking Act, necessary to administer this chapter.
106 Section 2. Section 53-5-707 is amended to read:
107 53-5-707. Permit -- Fees -- Disposition.
108 (1) Each applicant for a permit shall, at the time of filing an application, pay a fee of:
109 (a) $35 [at the time of filing an application] for a resident of the state; or
110 (b) $60 for a person whose permanent residence is outside of this state.
111 (3) The initial fee shall be waived for an applicant who is a law enforcement officer under
112 Section 53-13-103 .
113 (2) The renewal fee for the permit is:
114 (a) $10 for a resident of the state; or
115 (b) $25 for a person whose permanent residence is outside of this state.
116 (3) The replacement fee for the permit is $10.
117 (4) The late fee for the renewal permit is $7.50.
118 (5) All fees shall promptly be deposited in the state treasury and credited to the General

119 Fund.
120 (6) The division may collect any fees charged by an outside agency for additional services
121 required by statute as a prerequisite for issuance of a permit. The division shall promptly forward
122 any fees collected to the appropriate agency.