H.B. 25 Enrolled

1

GUN DEALER PENALTY AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis Oda
5 Senate Sponsor: Mark B. Madsen
6
7 LONG TITLE
8 General Description:
9 This bill modifies the penalties provision of the Weapons Part of the Utah Criminal
10 Code regarding penalties for firearms' violations.
11 Highlighted Provisions:
12 This bill:
13 . makes it a class A misdemeanor for a violation of the criminal background check
14 provisions in Section 76-10-526 by a licensed handgun dealer; 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 76-10-527, as last amended by Laws of Utah 1998, Chapter 187
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-10-527 is amended to read:
26 76-10-527. Penalties.
27 [(1) This section shall apply only to a handgun until federal law requires the
28 background check in Section 76-10-526 to extend to other firearms at which time this section
29 shall also apply to those firearms.]

30 [(2)] (1) A dealer is guilty of a class A misdemeanor who willfully and intentionally:
31 (a) requests, obtains, or seeks to obtain criminal history background information under
32 false pretenses; [or]
33 (b) disseminates criminal history background information[.]; or
34 (c) violates Section 76-10-526 .
35 [(3)] (2) A person who purchases or transfers a firearm is guilty of a felony of the third
36 degree [who] if the person willfully and intentionally makes a false statement of the
37 information required for a criminal background check in Section 76-10-526 .
38 [(4) A] (3) Except as otherwise provided in Subsection (1), a dealer is guilty of a
39 felony of the third degree if the dealer willfully and intentionally sells or transfers a firearm in
40 violation of this part.
41 [(5)] (4) A person is guilty of a felony of the third degree [who] if the person
42 purchases a firearm with the intent to:
43 (a) resell or otherwise provide a firearm to [any] a person who is ineligible to purchase
44 or receive a firearm from a dealer [a firearm]; or
45 (b) transport a firearm out of this state to be resold to an ineligible person.