H.B. 350

This document includes House Floor Amendments incorporated into the bill on Wed, Feb 22, 2006 at 3:09 PM by chopkin. --> 1

CONCEALED FIREARMS INSTRUCTORS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis Oda
5 Senate Sponsor: Michael G. Waddoups
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Concealed Weapons Act related to the certification
10 of concealed firearms instructors.
11 Highlighted Provisions:
12 This bill:
13 . requires an applicant for certification as a concealed firearms instructor to have a
14 current National Rifle Association certification or its equivalent as determined by
15 the Law Enforcement and Technical Services Division of the Department of Public
16 Safety;
17 . provides that the certification, when issued, is valid for a three-year period;
18 . provides that a concealed firearms instructor, in order to renew a certification, shall
19 attend a renewal course and pass a renewal test under the direction of the Criminal
20 Investigations and Technical Services Division;
21 . provides for certification and renewal of certification fees;
22 . provides a procedure for issuing certificates to students who complete a course of
23 instruction given by a certified concealed firearms instructor; and
24 . makes certain technical changes.
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:

28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 53-5-704, as last amended by Chapter 282, Laws of Utah 2005
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 53-5-704 is amended to read:
35 53-5-704. Division duties -- Permit to carry concealed firearm -- Certification for
36 concealed firearms instructor -- Requirements for issuance -- Violation -- Denial,
37 suspension, or revocation -- Appeal procedure.
38 (1) (a) The division or its designated agent shall issue a permit to carry a concealed
39 firearm for lawful self defense to an applicant who is 21 years of age or older within 60 days
40 after receiving an application, unless during the 60-day period the division finds proof that the
41 applicant is not of good character.
42 (b) The permit is valid throughout the state for five years, without restriction, except as
43 otherwise provided by Section 53-5-710 [for five years].
44 (2) (a) An applicant satisfactorily demonstrates good character if the applicant:
45 [(a)] (i) has not been convicted of a felony;
46 [(b)] (ii) has not been convicted of a crime of violence;
47 [(c)] (iii) has not been convicted of an offense involving the use of alcohol;
48 [(d)] (iv) has not been convicted of an offense involving the unlawful use of narcotics
49 or other controlled substances;
50 [(e)] (v) has not been convicted of an offense involving moral turpitude;
51 [(f)] (vi) has not been convicted of an offense involving domestic violence;
52 [(g)] (vii) has not been adjudicated by a state or federal court [of a state or of the
53 United States] as mentally incompetent, unless the adjudication has been withdrawn or
54 reversed; and
55 [(h)] (viii) is qualified to purchase and possess a [dangerous weapon and a handgun]
56 firearm pursuant to Section 76-10-503 and federal law.
57 (b) In assessing good character under Subsection (2)(a), the licensing authority shall
58 consider mitigating circumstances.

59 (3) (a) The division may deny, suspend, or revoke a concealed firearm permit if [the
60 licensing authority] it has reasonable cause to believe that the applicant has been or is a danger
61 to self or others as demonstrated by evidence, including[, but not limited to]:
62 (i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
63 (ii) past participation in incidents involving unlawful violence or threats of unlawful
64 violence; or
65 (iii) conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons.
66 (b) The division may not deny, suspend, or revoke a concealed firearm permit solely
67 for a single conviction for an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
68 (c) In determining whether the applicant has been or is a danger to self or others, the
69 division may inspect:
70 (i) expunged records of arrests and convictions of adults as provided in Section
71 77-18-15 ; and
72 (ii) juvenile court records as provided in Section 78-3a-206 .
73 (d) (i) If a person granted a permit under this part has been charged with a crime of
74 violence in any state, the division shall suspend the permit.
75 (ii) Upon notice of the acquittal of the person charged, or notice of the charges having
76 been dropped, the division shall immediately reinstate the suspended permit.
77 (4) A former peace officer who departs full-time employment as a peace officer, in an
78 honorable manner, shall be issued a concealed firearm permit within five years of that
79 departure if the officer meets the requirements of this section.
80 [(5) In assessing good character under Subsection (2), the licensing authority shall
81 consider mitigating circumstances.]
82 [(6)] (5) Except as provided in Subsection [(7)] (6), the licensing authority shall also
83 require the applicant to provide:
84 (a) the address of the applicant's permanent residence;
85 (b) one recent dated photograph;
86 (c) one set of fingerprints; and
87 (d) evidence of general familiarity with the types of firearms to be concealed as defined
88 in Subsection [(8)] (7).
89 [(7)] (6) An applicant who is a law enforcement officer under Section 53-13-103 may

90 provide a letter of good standing from the officer's commanding officer in place of the [items]
91 evidence required by Subsection [(6)] (5)(d).
92 [(8)] (7) (a) General familiarity with the types of firearms to be concealed includes
93 training in:
94 (i) the safe loading, unloading, storage, and carrying of the types of firearms to be
95 concealed; and
96 (ii) current laws defining lawful use of a firearm by a private citizen, including lawful
97 self-defense, use of force by a private citizen, including use of deadly force, transportation, and
98 concealment.
99 (b) Evidence of general familiarity with the types of firearms to be concealed may be
100 satisfied by one of the following:
101 (i) completion of a course of instruction conducted by [any] a national, state, or local
102 firearms training organization approved by the division;
103 (ii) certification of general familiarity by a person who has been certified by the
104 division, which may include a law enforcement officer, military or civilian firearms instructor,
105 or hunter safety instructor; or
106 (iii) equivalent experience with a firearm through participation in an organized
107 shooting competition, law enforcement, or military service.
108 (c) [Any instruction] Instruction taken by a student under Subsection [(8)] (7)(b) shall
109 be in person and not through electronic means.
110 [(9)] (8) (a) An applicant for certification as a Utah concealed firearms instructor shall:
111 [(a)] (i) be at least 21 years of age[; and] H. [ and a resident of the state ] .H ;
112 [(b)] (ii) be currently eligible to possess a firearm under Section 76-10-503 and federal
113 law[.]; H. [ and ] .H
114 (iii) have a current National Rifle Association certification or its equivalent as
115 determined by the division H. [ . ] ; and
115a (iv) for certificates issued beginning July1, 2006, have taken a course of instruction
115b and passed a certification test as described in Subsection(8)(c). .H
116 (b) An instructor's certification is valid for three years from the date of issuance, unless
117 revoked by the division.
118 (c) (i) In order to H. obtain initial certification or .H renew a certification, an
118a instructor shall attend H. [ a renewal ] an instructional .H course and
119 pass a H. [ renewal ] .H test under the direction of the division.
120 (ii) (A) Beginning May 1, 2006, the division shall provide H. or contract to
120a provide .H the course referred to in

121 Subsection (8)(c)(i) H. [ at least ] .H twice every H. [ three years ] year .H .
122 (B) The H. [ renewal ] .H course shall include instruction on current Utah law related to
123 firearms, including concealed carry statutes and rules, and the use of deadly force by private
124 citizens.
125 (d) (i) Each applicant for certification under this Subsection (8) shall pay a fee of
126 $50.00 at the time of application for initial certification.
127 (ii) The renewal fee for the certificate is $25.
128 (iii) H. [ All fees paid under this Subsection (8)(d) shall be promptly deposited in the state
129 treasury and credited to the General Fund. ] The fees paid under Subsections (8)(d)(i) and (ii)
129a may be used by the division as a dedicated credit to cover the cost incurred in maintaining
129b and improving the instruction program required for concelaed firearm instructors under
129c this Subsection (8). .H
130 [(10)] (9) [Each] A certified concealed firearms instructor shall provide each of the
131 instructor's students with the required course of instruction outline approved by the division.
132 [(11) All] (10) (a) (i) A concealed firearms [instructors are] instructor is required to
133 provide a signed certificate to [persons] a person H. successfully .H completing the
133a offered course of instruction[,
134 which certificate shall be provided by the applicant].
135 (ii) The instructor shall sign the certificate with the exact name indicated on the
136 instructor's certification issued by the division under Subsection (8).
137 (iii) (A) The certificate shall also have affixed to it the instructor's official seal, which
138 is the exclusive property of the instructor and may not be used by any other person.
139 (B) The instructor shall destroy the seal upon revocation or expiration of the
140 instructor's certification under Subsection (8).
141 (C) The division shall determine the design and content of the seal to include at least
142 the following:
143 (I) the instructor's name as it appears on the instructor's certification;
144 (II) the words "Utah Certified Concealed Firearms Instructor," "state of Utah," and "my
145 certification expires on (the instructor's certification expiration date)"; and
146 (III) the instructor's business or residence address.
147 (D) The seal shall be affixed to each student certificate issued by the instructor in a
148 manner that does not obscure or render illegible any information or signatures contained in the
149 document.
150 (b) The applicant shall provide the certificate to the division in compliance with
151 Subsection (5)(d).

152 [(12)] (11) The division may deny, suspend, or revoke the certification of a concealed
153 firearms instructor if [the licensing authority] it has reason to believe the applicant has:
154 (a) become ineligible to possess a firearm under Section 76-10-503 or federal law; or
155 (b) knowingly and willfully provided false information to the division.
156 [(13)] (12) A concealed firearms instructor has the same appeal rights as set forth in
157 Subsection [(16)] (15).
158 [(14)] (13) In H. providing instruction and .H issuing a permit under this part,
158a the H. concealed firearms instructor and the .H licensing authority H. [ is ] are .H
158b not vicariously
159 liable for damages caused by the permit holder.
160 [(15)] (14) [If any person] An individual who knowingly and willfully provides false
161 information on an application filed under this part[, he] is guilty of a class B misdemeanor, and
162 [his] the application may be denied, or [his] the permit may be suspended or revoked.
163 [(16)] (15) (a) In the event of a denial, suspension, or revocation [by the agency] of a
164 permit, the applicant may file a petition for review with the board within 60 days from the date
165 the denial, suspension, or revocation is received by the applicant by certified mail, return
166 receipt requested.
167 (b) The denial of a permit shall be in writing and shall include the general reasons for
168 the action.
169 (c) If an applicant appeals [his] the denial to the review board, the applicant may have
170 access to the evidence upon which the denial is based in accordance with Title 63, Chapter 2,
171 Government Records Access and Management Act.
172 (d) On appeal to the board, the agency [shall have] has the burden of proof by a
173 preponderance of the evidence.
174 (e) (i) Upon a ruling by the board on the appeal of a denial, the division shall issue a
175 final order within 30 days stating the board's decision.
176 (ii) The final order shall be in the form prescribed by Subsection 63-46b-5 (1)(i).
177 (iii) The final order is final agency action for purposes of judicial review under Section
178 63-46b-15 .
179 [(17)] (16) The commissioner may make rules in accordance with Title 63, Chapter
180 46a, Utah Administrative Rulemaking Act, necessary to administer this chapter.

Legislative Review Note
as of 2-7-06 7:31 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel