H.B. 295 Enrolled

ISSUANCE OF CONCEALED FIREARM
PERMITS AMENDMENTS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: James A. Ferrin

LONG TITLE
General Description:
This bill modifies provisions related to the application for and issuance of a concealed
firearm permit.
Highlighted Provisions:
This bill:
. modifies the type and amount of information an applicant is required to provide in
order to receive a permit to carry a concealed firearm; and
. makes certain technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-5-704, as last amended by Chapter 107, Laws of Utah 2000
53-5-706, as last amended by Chapter 12, Laws of Utah 1994

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53-5-704 is amended to read:
53-5-704. Division duties -- Permit to carry concealed firearm -- Certification for
concealed firearms instructor -- Requirements for issuance -- Violation -- Denial,
suspension, or revocation -- Appeal procedure.

(1) (a) The division or its designated agent shall issue a permit to carry a concealed
firearm for lawful self defense to an applicant who is 21 years of age or older within 60 days after
receiving an application and upon proof that the person applying is of good character.
(b) The permit is valid throughout the state, without restriction except as provided by
Section 53-5-710 [: (a) for two years; or (b)] for five years [for permits issued or renewed on or
after May 1, 1998].
(2) An applicant satisfactorily demonstrates good character if he:
(a) has not been convicted of a felony;
(b) has not been convicted of [any] a crime of violence;
(c) has not been convicted of [any offenses] an offense involving the use of alcohol;
(d) has not been convicted of [any] an offense involving the unlawful use of narcotics or
other controlled substances;
(e) has not been convicted of [any offenses] an offense involving moral turpitude;
(f) has not been convicted of [any] an offense involving domestic violence;
(g) has not been adjudicated by a court of a state or of the United States as mentally
incompetent, unless the adjudication has been withdrawn or reversed; and
(h) is qualified to purchase and possess a dangerous weapon and a handgun pursuant to
Section 76-10-503 and federal law.
(3) (a) The division may deny, suspend, or revoke a concealed firearm permit if the
licensing authority has reasonable cause to believe that the applicant has been or is a danger to self
or others as demonstrated by evidence including, but not limited to:
(i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
(ii) past participation in incidents involving unlawful violence or threats of unlawful
violence; or
(iii) conviction of [any] an offense in violation of Title 76, Chapter 10, Part 5, Weapons.
(b) The division may not deny, suspend, or revoke a concealed firearm permit solely for a
single conviction for an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
(c) In determining whether the applicant has been or is a danger to self or others, the

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division may inspect:
(i) expunged records of arrests and convictions of adults as provided in Section 77-18-15 ;
and
(ii) juvenile court records as provided in Section 78-3a-206 .
(d) (i) If a person granted a permit under this part has been charged with a crime of
violence in [Utah or] any [other] state, the division shall suspend the permit.
(ii) Upon notice of the acquittal of the person charged, or notice of the charges having
been dropped, the division shall immediately reinstate the suspended permit.
(4) A former peace officer who departs full-time employment as a peace officer, in an
honorable manner, shall be issued a concealed firearm permit within five years of that departure if
the officer meets the requirements of this section.
(5) In assessing good character under Subsection (2), the licensing authority shall
consider mitigating circumstances.
(6) Except as provided in Subsection (7), the licensing authority shall also require the
applicant to provide:
(a) address of applicant's permanent residence;
[(b) letters of character reference;]
[(c) two] (b) one recent dated [photographs] photograph;
[(d) two sets] (c) one set of fingerprints; and
[(e) a five-year employment history;]
[(f) a five-year residential history; and]
[(g)] (d) evidence of general familiarity with the types of firearms to be concealed as
defined in Subsection (8).
(7) An applicant who is a law enforcement officer under Section 53-13-103 may provide
a letter of good standing from the officer's commanding officer in place of the items required by
[Subsections (6)(b), (e), (f), and (g)] Subsection (6)(d).
(8) (a) General familiarity with the types of firearms to be concealed includes training in:
(i) the safe loading, unloading, storage, and carrying of the types of firearms to be

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concealed; and
(ii) current laws defining lawful use of a firearm by a private citizen, including lawful
self-defense, use of force by a private citizen including use of deadly force, transportation, and
concealment.
(b) Evidence of general familiarity with the types of firearms to be concealed may be
satisfied by one of the following:
(i) completion of a course of instruction conducted by any national, state, or local
firearms training organization approved by the division;
(ii) certification of general familiarity by a person who has been certified by the division,
which may include a law enforcement officer, military or civilian firearms instructor, or hunter
safety instructor; or
(iii) equivalent experience with a firearm through participation in an organized shooting
competition, law enforcement, or military service.
(9) An applicant for certification as a Utah concealed firearms instructor shall:
(a) be at least 21 years of age; and
(b) be currently eligible to possess a firearm under Section 76-10-503 and federal law.
(10) Each certified concealed firearms instructor shall provide [for his] each of the
instructor's students with the required course of instruction outline approved by the division.
(11) All concealed firearms instructors are required to provide a signed certificate to
persons completing the course of instruction, which certificate shall be provided by the applicant
to the division.
(12) The division may deny, suspend, or revoke the certification of a concealed firearms
instructor if the licensing authority has reason to believe the applicant has:
(a) become ineligible to possess a firearm under Section 76-10-503 or federal law; or
(b) knowingly and willfully provided false information to the division.
(13) A concealed firearms instructor has the same appeal rights as set forth in Subsection
(16).
(14) In issuing a permit under this part, the licensing authority is not vicariously liable for

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damages caused by the permit holder.
(15) If any person knowingly and willfully provides false information on an application
filed under this part, he is guilty of a class B misdemeanor, and his application may be denied, or
his permit may be suspended or revoked.
(16) (a) In the event of a denial, suspension, or revocation by the agency, the applicant
may file a petition for review with the board within 60 days from the date the denial, suspension,
or revocation is received by the applicant by certified mail, return receipt requested.
(b) The denial of a permit shall be in writing and shall include the general reasons for the
action.
(c) If an applicant appeals his denial to the review board, the applicant may have access to
the evidence upon which the denial is based in accordance with Title 63, Chapter 2, Government
Records Access and Management Act.
(d) On appeal to the board, the agency shall have the burden of proof by a preponderance
of the evidence.
(e) (i) Upon a ruling by the board on the appeal of a denial, the division shall issue a final
order within 30 days stating the board's decision.
(ii) The final order shall be in the form prescribed by Subsection 63-46b-5 (1)(i).
(iii) The final order is final agency action for purposes of judicial review under Section
63-46b-15 .
(17) The commissioner may make rules in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, necessary to administer this chapter.
Section 2. Section 53-5-706 is amended to read:
53-5-706. Permit -- Fingerprints transmitted to division -- Report from division.
(1) (a) Except as provided in Subsection (2), the fingerprints of each applicant shall be
taken on [two copies of forms] a form prescribed by the division and shall be forwarded to the
division.
(b) Upon receipt of the fingerprints and the fee prescribed in Section 53-5-707 , the
division shall conduct a search of its files for criminal history information pertaining to the

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applicant, and shall request the Federal Bureau of Investigation to conduct a similar search
through its files.
(c) The division shall promptly furnish the forwarding licensing authority a report of all
data and information pertaining to any applicant of which there is a record in its office, or of
which a record is found in the files of the Federal Bureau of Investigation.
(d) A permit may not be issued by any licensing authority until receipt of the report from
the division.
(2) If the permit applicant has previously applied to the same licensing authority for a
permit to carry concealed firearms and the applicant's fingerprints and fee have been previously
forwarded within one year to the division, the licensing authority shall note the previous
identification numbers and other data which would provide positive identification in the files of
the division on the copy of any subsequent permit submitted to the division in accordance with
this section, and no additional application form, fingerprints, or fee are required.

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