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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:
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 ;
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 [
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 [
48 the firearm; and
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) [
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
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 [
72 criminal history background check [
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 [
87 of the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
88 (14) [
89 a criminal history background check [
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 [
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.