H.B. 183

1

FIREARM CRIMINAL BACKGROUND CHECK
2 AMENDMENTS
3 2002 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: J. Morgan Philpot
6 This act modifies provisions related to firearm criminal background checks. The act
7 provides that a fee may not be charged for criminal background checks required to purchase
8 a firearm. The act provides an effective date.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 53-10-202.5, as enacted by Chapter 227, Laws of Utah 1999
12 76-10-526, as last amended by Chapters 90 and 303, Laws of Utah 2000
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 53-10-202.5 is amended to read:
15 53-10-202.5. Bureau services -- Fees.
16 The bureau shall collect fees for the following services:
17 (1) applicant fingerprint card as determined by Section 53-10-108 ;
18 (2) bail enforcement licensing as determined by Section 53-11-115 ;
19 (3) concealed firearm permit as determined by Section 53-5-707 ;
20 (4) expungement certificate of eligibility as determined by Section 77-18-11 ;
21 [(5) firearm purchase background check as determined by Section 76-10-526 ;]
22 [(6)] (5) name check as determined by Section 53-10-108 ;
23 [(7)] (6) private investigator licensing as determined by Section 53-9-111 ; and
24 [(8)] (7) right of access as determined by Section 53-10-108 .
25 Section 2. Section 76-10-526 is amended to read:
26 76-10-526. Criminal background check prior to purchase of a firearm -- Exemption
27 for concealed firearm permit holders.

28 (1) A criminal background check required by this section shall only apply to the purchase
29 of a handgun until federal law requires the background check to extend to other firearms.
30 (2) At the time that federal law extends the criminal background check requirement to
31 other firearms, the division shall make rules to extend the background checks required under this
32 section to the other firearms.
33 (3) For purposes of this section, "valid permit to carry a concealed firearm" does not
34 include a temporary permit issued [pursuant to] under Section 53-5-705 .
35 (4) To establish personal identification and residence in this state for purposes of this part,
36 a dealer shall require any person receiving a firearm to present:
37 (a) one photo identification on a form issued by a governmental agency of the state; and
38 (b) one other documentation of residence which must show an address identical to that
39 shown on the photo identification form.
40 (5) A criminal history background check is required for the sale of a firearm by a licensed
41 firearm dealer in the state.
42 (6) (a) Any person, except a dealer, purchasing a firearm from a dealer shall consent in
43 writing to a criminal background check, on a form provided by the division.
44 (b) The form shall [also] contain the following information:
45 [(a)] (i) the dealer identification number;
46 [(b)] (ii) the name and address of the person receiving the firearm;
47 [(c)] (iii) the date of birth, height, weight, eye color, and hair color of the person receiving
48 the firearm; and
49 [(d)] (iv) the Social Security number or any other identification number of the person
50 receiving the firearm.
51 (7) (a) The dealer shall send the form required by Subsection (6) to the division
52 immediately upon its completion.
53 (b) [No] A dealer [shall] may not sell or transfer any firearm to any person until the dealer
54 has provided the division with the information in Subsection (6) and has received approval from
55 the division under Subsection (9).
56 (8) The dealer shall make a request for criminal history background information by
57 telephone or other electronic means to the division and shall receive approval or denial of the
58 inquiry by telephone or other electronic means.

59 (9) When the dealer calls for or requests a criminal history background check, the division
60 shall:
61 (a) review the criminal history files, including juvenile court records, to determine if the
62 person is prohibited from purchasing, possessing, or transferring a firearm by state or federal law;
63 (b) inform the dealer that:
64 (i) the records indicate the person is so prohibited; or
65 (ii) the person is approved for purchasing, possessing, or transferring a firearm;
66 (c) provide the dealer with a unique transaction number for that inquiry; and
67 (d) provide a response to the requesting dealer during the call for a criminal background,
68 or by return call, or other electronic means, without delay, except in case of electronic failure or
69 other circumstances beyond the control of the division, the division shall advise the dealer of the
70 reason for the delay and give the dealer an estimate of the length of the delay.
71 (10) (a) The division shall [not maintain any] immediately destroy all records of the
72 criminal history background check [longer than 20 days from the date of the dealer's request] if the
73 division determines that the person receiving the gun is not prohibited from purchasing,
74 possessing, or transferring the firearm under state or federal law.
75 (b) However, the division shall maintain a log of requests containing the dealer's federal
76 firearms number, the transaction number, and the transaction date for a period of 12 months.
77 (11) If the criminal history background check discloses information indicating that the
78 person attempting to purchase the firearm is prohibited from purchasing, possessing, or
79 transferring a firearm, the division shall inform the law enforcement agency in the jurisdiction
80 where the person resides.
81 (12) If a person is denied the right to purchase a firearm under this section, the person may
82 review his criminal history information and may challenge or amend the information as provided
83 in Section 53-10-108 .
84 (13) The division shall make rules as provided in Title 63, Chapter 46a, Utah
85 Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all records
86 provided by the division [pursuant to] under this part are in conformance with the requirements
87 of the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
88 (14) [(a) All dealers shall collect] Neither the division nor a dealer may charge a fee for
89 a criminal history background check [fee which is $7.50. This fee remains in effect until changed

90 by the division through the process under Section 63-38-3.2 ] required under this section.
91 [(b) The dealer shall forward at one time all fees collected for criminal history background
92 checks performed during the month to the division by the last day of the month following the sale
93 of a firearm. The division shall deposit the fees in the General Fund as dedicated credits to cover
94 the cost of administering and conducting the criminal history background check program.]
95 (15) A person with a concealed firearm permit issued pursuant to Title 53, Chapter 5, Part
96 7, Concealed Weapon Act, shall be exempt from the background check [and corresponding fee]
97 required in this section for the purchase of a firearm if:
98 (a) the person presents his concealed firearm permit to the dealer prior to purchase of the
99 firearm; and
100 (b) the dealer verifies with the division that the person's concealed firearm permit is valid.
101 Section 3. Effective date.
102 This act takes effect on July 1, 2002.




Legislative Review Note
as of 1-16-02 11:14 AM

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

Office of Legislative Research and General Counsel