H.B. 295

1

ISSUANCE OF CONCEALED FIREARM
2 PERMITS AMENDMENTS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: James A. Ferrin
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to the application for and issuance of a concealed
10 firearm permit.
11 Highlighted Provisions:
12 This bill:
13 . modifies the type and amount of information an applicant is required to provide in
14 order to receive a permit to carry a concealed firearm; and
15 . makes certain technical changes.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 53-5-704, as last amended by Chapter 107, Laws of Utah 2000
23 53-5-706, as last amended by Chapter 12, Laws of Utah 1994
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 53-5-704 is amended to read:
27 53-5-704. Division duties -- Permit to carry concealed firearm -- Certification for

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45 incompetent, unless the adjudication has been withdrawn or reversed; and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

59 division may inspect:
60 (i) expunged records of arrests and convictions of adults as provided in Section
61 77-18-15 ; and
62 (ii) juvenile court records as provided in Section 78-3a-206 .
63 (d) (i) If a person granted a permit under this part has been charged with a crime of
64 violence in [Utah or] any [other] state, the division shall suspend the permit.
65 (ii) Upon notice of the acquittal of the person charged, or notice of the charges having
66 been dropped, the division shall immediately reinstate the suspended permit.
67 (4) A former peace officer who departs full-time employment as a peace officer, in an
68 honorable manner, shall be issued a concealed firearm permit within five years of that
69 departure if the officer meets the requirements of this section.
70 (5) In assessing good character under Subsection (2), the licensing authority shall
71 consider mitigating circumstances.
72 (6) Except as provided in Subsection (7), the licensing authority shall also require the
73 applicant to provide:
74 (a) address of applicant's permanent residence;
75 [(b) letters of character reference;]
76 [(c) two] (b) one recent dated [photographs] photograph;
77 [(d) two sets] (c) one set of fingerprints; and
78 [(e) a five-year employment history;]
79 [(f) a five-year residential history; and]
80 [(g)] (d) evidence of general familiarity with the types of firearms to be concealed as
81 defined in Subsection (8).
82 (7) An applicant who is a law enforcement officer under Section 53-13-103 may
83 provide a letter of good standing from the officer's commanding officer in place of the items
84 required by [Subsections (6)(b), (e), (f), and (g)] Subsection (6)(d).
85 (8) (a) General familiarity with the types of firearms to be concealed includes training
86 in:
87 (i) the safe loading, unloading, storage, and carrying of the types of firearms to be
88 concealed; and
89 (ii) current laws defining lawful use of a firearm by a private citizen, including lawful

90 self-defense, use of force by a private citizen including use of deadly force, transportation, and
91 concealment.
92 (b) Evidence of general familiarity with the types of firearms to be concealed may be
93 satisfied by one of the following:
94 (i) completion of a course of instruction conducted by any national, state, or local
95 firearms training organization approved by the division;
96 (ii) certification of general familiarity by a person who has been certified by the
97 division, which may include a law enforcement officer, military or civilian firearms instructor,
98 or hunter safety instructor; or
99 (iii) equivalent experience with a firearm through participation in an organized
100 shooting competition, law enforcement, or military service.
101 (9) An applicant for certification as a Utah concealed firearms instructor shall:
102 (a) be at least 21 years of age; and
103 (b) be currently eligible to possess a firearm under Section 76-10-503 and federal law.
104 (10) Each certified concealed firearms instructor shall provide [for his] each of the
105 instructor's students with the required course of instruction outline approved by the division.
106 (11) All concealed firearms instructors are required to provide a signed certificate to
107 persons completing the course of instruction, which certificate shall be provided by the
108 applicant to the division.
109 (12) The division may deny, suspend, or revoke the certification of a concealed
110 firearms instructor if the licensing authority has reason to believe the applicant has:
111 (a) become ineligible to possess a firearm under Section 76-10-503 or federal law; or
112 (b) knowingly and willfully provided false information to the division.
113 (13) A concealed firearms instructor has the same appeal rights as set forth in
114 Subsection (16).
115 (14) In issuing a permit under this part, the licensing authority is not vicariously liable
116 for damages caused by the permit holder.
117 (15) If any person knowingly and willfully provides false information on an application
118 filed under this part, he is guilty of a class B misdemeanor, and his application may be denied,
119 or his permit may be suspended or revoked.
120 (16) (a) In the event of a denial, suspension, or revocation by the agency, the applicant

121 may file a petition for review with the board within 60 days from the date the denial,
122 suspension, or revocation is received by the applicant by certified mail, return receipt
123 requested.
124 (b) The denial of a permit shall be in writing and shall include the general reasons for
125 the action.
126 (c) If an applicant appeals his denial to the review board, the applicant may have access
127 to the evidence upon which the denial is based in accordance with Title 63, Chapter 2,
128 Government Records Access and Management Act.
129 (d) On appeal to the board, the agency shall have the burden of proof by a
130 preponderance of the evidence.
131 (e) (i) Upon a ruling by the board on the appeal of a denial, the division shall issue a
132 final order within 30 days stating the board's decision.
133 (ii) The final order shall be in the form prescribed by Subsection 63-46b-5 (1)(i).
134 (iii) The final order is final agency action for purposes of judicial review under Section
135 63-46b-15 .
136 (17) The commissioner may make rules in accordance with Title 63, Chapter 46a, Utah
137 Administrative Rulemaking Act, necessary to administer this chapter.
138 Section 2. Section 53-5-706 is amended to read:
139 53-5-706. Permit -- Fingerprints transmitted to division -- Report from division.
140 (1) (a) Except as provided in Subsection (2), the fingerprints of each applicant shall be
141 taken on [two copies of forms] a form prescribed by the division and shall be forwarded to the
142 division.
143 (b) Upon receipt of the fingerprints and the fee prescribed in Section 53-5-707 , the
144 division shall conduct a search of its files for criminal history information pertaining to the
145 applicant, and shall request the Federal Bureau of Investigation to conduct a similar search
146 through its files.
147 (c) The division shall promptly furnish the forwarding licensing authority a report of all
148 data and information pertaining to any applicant of which there is a record in its office, or of
149 which a record is found in the files of the Federal Bureau of Investigation.
150 (d) A permit may not be issued by any licensing authority until receipt of the report
151 from the division.

152 (2) If the permit applicant has previously applied to the same licensing authority for a
153 permit to carry concealed firearms and the applicant's fingerprints and fee have been previously
154 forwarded within one year to the division, the licensing authority shall note the previous
155 identification numbers and other data which would provide positive identification in the files of
156 the division on the copy of any subsequent permit submitted to the division in accordance with
157 this section, and no additional application form, fingerprints, or fee are required.




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.

Office of Legislative Research and General Counsel