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6 LONG TITLE
7 General Description:
8 This bill modifies provisions related to the purchase of firearms in the Utah Criminal
10 Highlighted Provisions:
11 This bill:
12 . makes Utah law consistent with current federal law regarding the purchase of
13 firearms; and
14 . provides, consistent with federal law, for only one photo identification rather than
15 two as part of the criminal background check required prior to the purchase of a
17 Monies Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 76-10-524, as enacted by Chapter 196, Laws of Utah 1973
24 76-10-526, as last amended by Chapters 90 and 303, Laws of Utah 2000
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 76-10-524 is amended to read:
28 76-10-524. Purchase of firearms pursuant to federal law.
29 This part will allow purchases of firearms and ammunition [
32 Section 2. Section 76-10-526 is amended to read:
33 76-10-526. Criminal background check prior to purchase of a firearm -- Fee --
34 Exemption for concealed firearm permit holders.
42 not include a temporary permit issued pursuant to Section 53-5-705 .
44 this part, a dealer shall require [
45 one photo identification on a form issued by a governmental agency of the state[
49 licensed firearm dealer in the state.
51 dealer shall consent in writing to a criminal background check, on a form provided by the
53 (b) The form shall [
57 individual receiving the firearm; and
59 individual receiving the firearm.
61 division immediately upon its completion.
62 (b) No dealer shall sell or transfer any firearm to [
63 dealer has provided the division with the information in Subsection [
64 approval from the division under Subsection [
66 by telephone or other electronic means to the division and shall receive approval or denial of
67 the inquiry by telephone or other electronic means.
69 division shall:
70 (a) review the criminal history files, including juvenile court records, to determine if
71 the [
72 state or federal law;
73 (b) inform the dealer that:
74 (i) the records indicate the [
75 (ii) the [
77 (c) provide the dealer with a unique transaction number for that inquiry; and
78 (d) provide a response to the requesting dealer during the call for a criminal
79 background, or by return call, or other electronic means, without delay, except in case of
80 electronic failure or other circumstances beyond the control of the division, the division shall
81 advise the dealer of the reason for the delay and give the dealer an estimate of the length of the
84 background check longer than 20 days from the date of the dealer's request if the division
85 determines that the [
86 possessing, or transferring the firearm under state or federal law.
87 (b) However, the division shall maintain a log of requests containing the dealer's
88 federal firearms number, the transaction number, and the transaction date for a period of 12
91 that the [
92 possessing, or transferring a firearm, the division shall inform the law enforcement agency in
93 the jurisdiction where the person resides.
95 this section, the [
96 challenge or amend the information as provided in Section 53-10-108 .
98 Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all
99 records provided by the division pursuant to this part are in conformance with the requirements
100 of the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
102 which is $7.50.
103 (ii) This fee remains in effect until changed by the division through the process under
104 Section 63-38-3.2 .
105 (b) (i) The dealer shall forward at one time all fees collected for criminal history
106 background checks performed during the month to the division by the last day of the month
107 following the sale of a firearm.
108 (ii) The division shall deposit the fees in the General Fund as dedicated credits to cover
109 the cost of administering and conducting the criminal history background check program.
111 Title 53, Chapter 5, Part 7, Concealed Weapon Act, shall be exempt from the background
112 check and corresponding fee required in this section for the purchase of a firearm if:
113 (a) the [
114 purchase of the firearm; and
115 (b) the dealer verifies with the division that the [
116 firearm permit is valid.
Legislative Review Note
as of 2-2-04 2:27 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.