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H.B. 214 Enrolled
8 LONG TITLE
9 General Description:
10 This bill modifies provisions of the Concealed Weapon Act and related provisions
11 dealing with the issuance, denial, and revocation of a concealed firearm permit.
12 Highlighted Provisions:
13 This bill:
14 . changes the names of the Concealed Weapon Act and the Concealed Weapon
15 Review Board to the Concealed Firearm Act and the Concealed Firearm Review
17 . provides that duties related to the issuance of a concealed firearm permit previously
18 designated to be performed by the Criminal Investigations and Technical Services
19 Division will be performed by the Bureau of Criminal Identification;
20 . clarifies the ability of the bureau to revoke a concealed carry permit of a licensee
21 who is convicted of a felony or other crimes or offenses; and
22 . makes certain technical changes.
23 Monies Appropriated in this Bill:
25 Other Special Clauses:
27 Utah Code Sections Affected:
29 53-1-104, as last amended by Laws of Utah 2007, Chapter 66
30 53-5-701, as enacted by Laws of Utah 1993, Chapter 234
31 53-5-702, as last amended by Laws of Utah 2005, Chapter 282
32 53-5-703, as last amended by Laws of Utah 1997, Chapters 10 and 280
33 53-5-704, as last amended by Laws of Utah 2008, Chapters 3 and 382
34 53-5-705, as last amended by Laws of Utah 2008, Chapter 382
35 53-5-706, as last amended by Laws of Utah 2004, Chapter 361
36 53-5-707, as last amended by Laws of Utah 2007, Chapter 77
37 53-5-708, as last amended by Laws of Utah 2008, Chapter 382
38 53-5-711, as last amended by Laws of Utah 2008, Chapter 250
39 76-10-501, as last amended by Laws of Utah 2001, Chapter 111
40 76-10-526, as last amended by Laws of Utah 2009, Chapter 183
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 53-1-104 is amended to read:
44 53-1-104. Boards, bureaus, councils, divisions, and offices.
45 (1) The following are the policymaking boards within the department:
46 (a) the Driver License Medical Advisory Board, created in Section 53-3-303 ;
47 (b) the Concealed [
48 (c) the Utah Fire Prevention Board, created in Section 53-7-203 ;
49 (d) the Liquified Petroleum Gas Board, created in Section 53-7-304 ; and
50 (e) the Private Investigator Hearing and Licensure Board, created in Section 53-9-104 .
51 (2) The following are the councils within the department:
52 (a) the Peace Officer Standards and Training Council, created in Section 53-6-106 ;
54 (b) the Motor Vehicle Safety Inspection Advisory Council, created in Section
55 53-8-203 .
56 (3) The following are the divisions within the department:
57 (a) the Administrative Services Division, created in Section 53-1-203 ;
58 (b) the Management Information Services Division, created in Section 53-1-303 ;
59 (c) the Division of Homeland Security, created in Section 53-2-103 ;
60 (d) the Driver License Division, created in Section 53-3-103 ;
61 (e) the Criminal Investigations and Technical Services Division, created in Section
62 53-10-103 ;
63 (f) the Peace Officers Standards and Training Division, created in Section 53-6-103 ;
64 (g) the State Fire Marshal Division, created in Section 53-7-103 ; and
65 (h) the Utah Highway Patrol Division, created in Section 53-8-103 .
66 (4) The Office of Executive Protection is created in Section 53-1-112 .
67 (5) The following are bureaus within the department:
68 (a) Bureau of Criminal Identification, created in Section 53-10-201 ;
69 (b) State Bureau of Investigation, created in Section 53-10-301 ;
70 (c) Bureau of Forensic Services, created in Section 53-10-401 ; and
71 (d) Bureau of Communications, created in Section 53-10-501 .
72 Section 2. Section 53-5-701 is amended to read:
75 53-5-701. Title.
76 This part is known as the "Concealed [
77 Section 3. Section 53-5-702 is amended to read:
78 53-5-702. Definitions.
79 (1) As used in this part:
80 (a) "Board" means the Concealed [
81 53-5-703 .
82 (b) "Bureau" means the Bureau of Criminal Identification created in Section
83 53-10-201 within the Department of Public Safety.
86 has resulted in:
87 (i) a finding of guilt based on evidence presented to a judge or jury;
88 (ii) a guilty plea;
89 (iii) a plea of nolo contendere;
90 (iv) a plea of guilty or nolo contendere which is held in abeyance pending the
91 successful completion of probation;
92 (v) a pending diversion agreement; or
93 (vi) a conviction which has been reduced pursuant to Section 76-3-402 .
96 (2) The definitions in Section 76-10-501 apply to this part.
97 Section 4. Section 53-5-703 is amended to read:
98 53-5-703. Board -- Membership -- Compensation -- Terms -- Duties.
99 (1) There is created within the [
100 Review Board.
101 (2) (a) The board is comprised of not more than five members appointed by the
102 commissioner on a bipartisan basis.
103 (b) The board shall include a member representing law enforcement and at least two
104 citizens, one of whom represents sporting interests.
105 (3) (a) Except as required by Subsection (3)(b), as terms of current board members
106 expire, the commissioner shall appoint each new member or reappointed member to a
107 four-year term.
108 (b) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at
109 the time of appointment or reappointment, adjust the length of terms to ensure that the terms
110 of board members are staggered so that approximately half of the board is appointed every two
112 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
113 appointed for the unexpired term.
114 (5) (a) (i) Members who are not government employees shall receive no compensation
115 or benefits for their services, but may receive per diem and expenses incurred in the
116 performance of the member's official duties at the rates established by the Division of Finance
117 under Sections 63A-3-106 and 63A-3-107 .
118 (ii) Members may decline to receive per diem and expenses for their service.
119 (b) (i) State government officer and employee members who do not receive salary, per
120 diem, or expenses from their agency for their service may receive per diem and expenses
121 incurred in the performance of their official duties from the board at the rates established by
122 the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
123 (ii) State government officer and employee members may decline to receive per diem
124 and expenses for their service.
125 (6) The board shall meet at least quarterly, unless the board has no business to conduct
126 during that quarter.
127 (7) The board, upon receiving a timely filed petition for review, shall review within a
128 reasonable time the denial, suspension, or revocation of a permit or a temporary permit to
129 carry a concealed firearm.
130 Section 5. Section 53-5-704 is amended to read:
131 53-5-704. Bureau duties -- Permit to carry concealed firearm -- Certification for
132 concealed firearms instructor -- Requirements for issuance -- Violation -- Denial,
133 suspension, or revocation -- Appeal procedure.
134 (1) (a) The [
135 concealed firearm for lawful self defense to an applicant who is 21 years of age or older within
136 60 days after receiving an application, unless [
137 bureau finds proof that the applicant [
138 set forth in Subsection (2).
139 (b) The permit is valid throughout the state for five years, without restriction, except
140 as otherwise provided by Section 53-5-710 .
142 (c) The provisions of Subsections 76-10-504 (1) and (2), and Section 76-10-505 do not
143 apply to a person issued a permit under Subsection (1)(a).
144 (2) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if the
145 applicant or permit holder:
146 (i) has [
147 (ii) has [
148 (iii) has [
149 (iv) has [
150 narcotics or other controlled substances;
151 (v) has [
152 (vi) has [
153 (vii) has [
154 incompetent, unless the adjudication has been withdrawn or reversed; and
155 (viii) is not qualified to purchase and possess a firearm pursuant to Section 76-10-503
156 and federal law.
157 (b) In [
158 holder meets the qualifications set forth in Subsection (2)(a), the [
159 shall consider mitigating circumstances.
160 (3) (a) The [
161 if it has reasonable cause to believe that the applicant or permit holder has been or is a danger
162 to self or others as demonstrated by evidence, including:
163 (i) past pattern of behavior involving unlawful violence or threats of unlawful
165 (ii) past participation in incidents involving unlawful violence or threats of unlawful
166 violence; or
167 (iii) conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons.
168 (b) The [
169 solely for a single conviction for an infraction violation of Title 76, Chapter 10, Part 5,
171 (c) In determining whether the applicant or permit holder has been or is a danger to
172 self or others, the [
173 (i) expunged records of arrests and convictions of adults as provided in Section
174 77-18-15 ; and
175 (ii) juvenile court records as provided in Section 78A-6-209 .
176 (d) (i) If a person granted a permit under this part has been charged with a crime of
177 violence in any state, the [
178 (ii) Upon notice of the acquittal of the person charged, or notice of the charges having
179 been dropped, the [
180 (4) A former peace officer who departs full-time employment as a peace officer, in an
181 honorable manner, shall be issued a concealed firearm permit within five years of that
182 departure if the officer meets the requirements of this section.
183 (5) Except as provided in Subsection (6), the [
184 require the applicant to provide:
185 (a) the address of the applicant's permanent residence;
186 (b) one recent dated photograph;
187 (c) one set of fingerprints; and
188 (d) evidence of general familiarity with the types of firearms to be concealed as
189 defined in Subsection (7).
190 (6) An applicant who is a law enforcement officer under Section 53-13-103 may
191 provide a letter of good standing from the officer's commanding officer in place of the
192 evidence required by Subsection (5)(d).
193 (7) (a) General familiarity with the types of firearms to be concealed includes training
195 (i) the safe loading, unloading, storage, and carrying of the types of firearms to be
196 concealed; and
197 (ii) current laws defining lawful use of a firearm by a private citizen, including lawful
198 self-defense, use of force by a private citizen, including use of deadly force, transportation,
199 and concealment.
200 (b) [
202 one of the following:
203 (i) completion of a course of instruction conducted by a national, state, or local
204 firearms training organization approved by the [
205 (ii) certification of general familiarity by a person who has been certified by the
207 instructor, or hunter safety instructor; or
208 (iii) equivalent experience with a firearm through participation in an organized
209 shooting competition, law enforcement, or military service.
210 (c) Instruction taken by a student under Subsection (7)[
211 through electronic means.
212 (8) (a) An applicant for certification as a Utah concealed firearms instructor shall:
213 (i) be at least 21 years of age;
214 (ii) be currently eligible to possess a firearm under Section 76-10-503 and federal law;
215 (iii) have a current National Rifle Association certification or its equivalent as
216 determined by the division; and
217 (iv) [
218 and passed a certification test as described in Subsection (8)(c).
219 (b) An instructor's certification is valid for three years from the date of issuance,
220 unless revoked by the [
221 (c) (i) In order to obtain initial certification or renew a certification, an instructor shall
222 attend an instructional course and pass a test under the direction of the [
223 (ii) (A) [
224 provide the course referred to in Subsection (8)(c)(i) twice every year.
225 (B) The course shall include instruction on current Utah law related to firearms,
226 including concealed carry statutes and rules, and the use of deadly force by private citizens.
227 (d) (i) Each applicant for certification under this Subsection (8) shall pay a fee of
228 $50.00 at the time of application for initial certification.
229 (ii) The renewal fee for the certificate is $25.
230 (iii) The fees paid under Subsections (8)(d)(i) and (ii) may be used by the [
231 bureau as a dedicated credit to cover the cost incurred in maintaining and improving the
232 instruction program required for concealed firearm instructors under this Subsection (8).
233 (9) A certified concealed firearms instructor shall provide each of the instructor's
234 students with the required course of instruction outline approved by the [
235 (10) (a) (i) A concealed firearms instructor is required to provide a signed certificate to
236 a person successfully completing the offered course of instruction.
237 (ii) The instructor shall sign the certificate with the exact name indicated on the
238 instructor's certification issued by the [
239 (iii) (A) The certificate shall also have affixed to it the instructor's official seal, which
240 is the exclusive property of the instructor and may not be used by any other person.
241 (B) The instructor shall destroy the seal upon revocation or expiration of the
242 instructor's certification under Subsection (8).
243 (C) The [
244 at least the following:
245 (I) the instructor's name as it appears on the instructor's certification;
246 (II) the words "Utah Certified Concealed Firearms Instructor," "state of Utah," and
247 "my certification expires on (the instructor's certification expiration date)"; and
248 (III) the instructor's business or residence address.
249 (D) The seal shall be affixed to each student certificate issued by the instructor in a
250 manner that does not obscure or render illegible any information or signatures contained in the
252 (b) The applicant shall provide the certificate to the [
253 with Subsection (5)(d).
254 (11) The division may deny, suspend, or revoke the certification of an applicant or a
255 concealed firearms instructor if it has reason to believe the applicant or the instructor has:
256 (a) become ineligible to possess a firearm under Section 76-10-503 or federal law; or
257 (b) knowingly and willfully provided false information to the [
258 (12) [
259 appeal rights as set forth in Subsection (15).
260 (13) In providing instruction and issuing a permit under this part, the concealed
261 firearms instructor and the [
262 caused by the permit holder.
263 (14) An individual who knowingly and willfully provides false information on an
264 application filed under this part is guilty of a class B misdemeanor, and the application may be
265 denied, or the permit may be suspended or revoked.
266 (15) (a) In the event of a denial, suspension, or revocation of a permit, the applicant or
267 permit holder may file a petition for review with the board within 60 days from the date the
268 denial, suspension, or revocation is received by the applicant or permit holder by certified
269 mail, return receipt requested.
270 (b) The bureau's denial of a permit shall be in writing and shall include the general
271 reasons for the action.
272 (c) If an applicant or permit holder appeals the denial to the review board, the
273 applicant or permit holder may have access to the evidence upon which the denial is based in
274 accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
275 (d) On appeal to the board, the [
276 preponderance of the evidence.
277 (e) (i) Upon a ruling by the board on the appeal of a denial, the division shall issue a
278 final order within 30 days stating the board's decision.
279 (ii) The final order shall be in the form prescribed by Subsection 63G-4-203 (1)(i).
280 (iii) The final order is final [
281 under Section 63G-4-402 .
282 (16) The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah
283 Administrative Rulemaking Act, necessary to administer this chapter.
284 Section 6. Section 53-5-705 is amended to read:
285 53-5-705. Temporary permit to carry concealed firearm -- Denial, suspension, or
286 revocation -- Appeal.
287 (1) The [
288 a concealed firearm to a person who:
289 (a) has applied for a permit under Section 53-5-704 ;
290 (b) has applied for a temporary permit under this section; and
291 (c) meets the criteria required in Subsections (2) and (3).
292 (2) To receive a temporary permit under this section, the applicant shall demonstrate
293 in writing to the satisfaction of the [
294 would justify issuing a temporary permit.
295 (3) A temporary permit may not be issued under this section until preliminary record
296 checks regarding the applicant have been made with the National Crime Information Center
297 and the [
298 (4) (a) A temporary permit is valid only for a maximum of 90 days or any lesser period
299 specified by the [
300 holder of the temporary permit, whichever period is shorter.
301 (b) The provisions of Subsections 76-10-504 (1) and (2) and Section 76-10-505 do not
302 apply to a person issued a temporary permit under this section during the time period for
303 which the temporary permit is valid.
304 (5) The [
305 prior to expiration if the commissioner determines:
306 (a) the circumstances justifying the temporary permit no longer exist; or
307 (b) the holder of the temporary permit does not meet the requirements for a permit
308 under Section 53-5-704 .
309 (6) (a) The denial, suspension, or revocation of a temporary permit shall be in writing
310 and shall include the reasons for the action.
311 (b) The [
312 temporary permit may not be appealed to the board.
313 (c) Denial, suspension, or revocation under this subsection is final action for purposes
314 of judicial review under Section 63G-4-402 .
315 Section 7. Section 53-5-706 is amended to read:
316 53-5-706. Permit -- Fingerprints transmitted to bureau -- Report from bureau.
317 (1) (a) Except as provided in Subsection (2), the fingerprints of each applicant shall be
318 taken on a form prescribed by the [
320 (b) Upon receipt of the fingerprints and the fee prescribed in Section 53-5-707 , the
322 to the applicant, and shall request the Federal Bureau of Investigation to conduct a similar
323 search through its files.
324 (c) The [
325 report of all data and information pertaining to any applicant of which there is a record in its
326 office, or of which a record is found in the files of the Federal Bureau of Investigation.
327 (d) A permit may not be issued by any licensing authority until receipt of the report
328 from the [
329 (2) (a) If the permit applicant has previously applied to the same licensing authority
330 for a permit to carry concealed firearms and the applicant's fingerprints and fee have been
331 previously forwarded within one year to the division, the [
332 note the previous identification numbers and other data which would provide positive
333 identification in the files of the [
334 submitted to the [
335 (b) No additional application form, fingerprints, or fee are required under this
336 Subsection (2).
337 Section 8. Section 53-5-707 is amended to read:
338 53-5-707. Permit -- Fees -- Disposition.
339 (1) (a) Each applicant for a permit shall pay a fee of $35 at the time of filing an
341 (b) The initial fee shall be waived for an applicant who is a law enforcement officer
342 under Section 53-13-103 .
343 (2) The renewal fee for the permit is $10.
344 (3) The replacement fee for the permit is $10.
345 (4) The late fee for the renewal permit is $7.50.
346 (5) [
347 (3), and (4) as a dedicated credit to cover the costs of issuing concealed firearm permits under
348 this part.
353 (6) (a) The [
354 additional services required by statute as a prerequisite for issuance of a permit.
355 (b) The [
356 (6)(a) to the appropriate agency.
357 (7) The [
358 Enforcement and Criminal Justice Interim Committee on the amount and use of the fees
359 collected under this section.
360 Section 9. Section 53-5-708 is amended to read:
361 53-5-708. Permit -- Names private.
362 (1) (a) [
365 (b) Notwithstanding the requirements of Subsection 63G-2-301 (2)(b), the names,
366 addresses, telephone numbers, dates of birth, and Social Security numbers of persons receiving
367 permits are protected records under Subsection 63G-2-305 (10).
368 (2) [
370 Section 10. Section 53-5-711 is amended to read:
371 53-5-711. Law enforcement officials and judges -- Training requirements --
372 Qualification -- Revocation.
373 (1) For purposes of this section and Section 76-10-523 :
374 (a) "Judge" means a judge or justice of a court of record or court not of record, but
375 does not include a judge pro tem or senior judge.
376 (b) "Law enforcement official of this state" means:
377 (i) a member of the Board of Pardons and Parole;
378 (ii) a district attorney, deputy district attorney, county attorney or deputy county
379 attorney of a county not in a prosecution district;
380 (iii) the attorney general;
381 (iv) an assistant attorney general designated as a criminal prosecutor; or
382 (v) a city attorney or a deputy city attorney designated as a criminal prosecutor.
383 (2) To qualify for [
384 a law enforcement official or judge shall complete the following training requirements:
385 (a) meet the requirements of Sections 53-5-704 , 53-5-706 , and 53-5-707 ; and
386 (b) successfully complete an additional course of training as established by the
387 commissioner of public safety designed to assist them while carrying out their official law
388 enforcement and judicial duties as agents for the state or its political subdivisions.
389 (3) Annual requalification requirements for law enforcement officials and judges shall
390 be established by the:
391 (a) Board of Pardons and Parole by rule for its members;
392 (b) Judicial Council by rule for judges; and
393 (c) the district attorney, county attorney in a county not in a prosecution district, the
394 attorney general, or city attorney by policy for prosecutors under their jurisdiction.
395 (4) The [
396 (a) issue a certificate of qualification to a judge or law enforcement official who has
397 completed the requirements of Subsection (1), which certificate of qualification is valid until
399 (b) revoke the certificate of qualification of a judge or law enforcement official who
400 fails to meet the annual requalification criteria established pursuant to Subsection (3); and
401 (c) certify instructors for the training requirements of this section.
402 Section 11. Section 76-10-501 is amended to read:
403 76-10-501. Definitions.
404 As used in this part:
405 (1) (a) "Antique firearm" means any firearm:
406 (i) (A) with a matchlock, flintlock, percussion cap, or similar type of ignition system;
408 (B) that was manufactured in or before 1898; or
409 (ii) that is a replica of any firearm described in this Subsection (1)(a), if the replica:
410 (A) is not designed or redesigned for using rimfire or conventional centerfire fixed
411 ammunition; or
412 (B) uses rimfire or centerfire fixed ammunition which is:
413 (I) no longer manufactured in the United States; and
414 (II) is not readily available in ordinary channels of commercial trade; or
415 (iii) (A) that is a muzzle loading rifle, shotgun, or pistol; and
416 (B) is designed to use black powder, or a black powder substitute, and cannot use
417 fixed ammunition.
418 (b) "Antique firearm" does not include:
419 (i) any weapon that incorporates a firearm frame or receiver;
420 (ii) any firearm that is converted into a muzzle loading weapon; or
421 (iii) any muzzle loading weapon that can be readily converted to fire fixed ammunition
422 by replacing the:
423 (A) barrel;
424 (B) bolt;
425 (C) breechblock; or
426 (D) any combination of Subsection (1)(b)(iii)(A), (B), or (C).
427 (2) "Bureau" means the Bureau of Criminal Identification created in Section
428 53-10-201 within the Department of Public Safety.
430 covered, hidden, or secreted in a manner that the public would not be aware of its presence
431 and is readily accessible for immediate use.
432 (b) A dangerous weapon shall not be considered a concealed dangerous weapon if it is
433 a firearm which is unloaded and is securely encased.
435 conducted by a licensed firearms dealer on every purchaser of a handgun through the division
436 or the local law enforcement agency where the firearms dealer conducts business.
438 (a) is of special interest to a collector because of a quality that is not associated with
439 firearms intended for:
440 (i) sporting use;
441 (ii) use as an offensive weapon; or
442 (iii) use as a defensive weapon;
443 (b) (i) was manufactured at least 50 years prior to the current date; and
444 (ii) is not a replica of a firearm described in Subsection [
445 (c) is certified by the curator of a municipal, state, or federal museum that exhibits
446 firearms to be a curio or relic of museum interest;
447 (d) derives a substantial part of its monetary value:
448 (i) from the fact that the firearm is:
449 (A) novel;
450 (B) rare; or
451 (C) bizarre; or
452 (ii) because of the firearm's association with an historical:
453 (A) figure;
454 (B) period; or
455 (C) event; and
456 (e) has been designated as a curio or relic firearm by the director of the United States
457 Treasury Department Bureau of Alcohol, Tobacco, and Firearms under 27 C.F.R. Sec. 178.11.
459 intended use is capable of causing death or serious bodily injury.
460 (b) The following factors shall be used in determining whether a knife, or any other
461 item, object, or thing not commonly known as a dangerous weapon is a dangerous weapon:
462 (i) the character of the instrument, object, or thing;
463 (ii) the character of the wound produced, if any;
464 (iii) the manner in which the instrument, object, or thing was used; and
465 (iv) the other lawful purposes for which the instrument, object, or thing may be used.
467 device as defined by Section 76-10-306 .
469 procedure, 18 U.S.C. 923 and engaged in the business of selling, leasing, or otherwise
470 transferring a handgun, whether the person is a retail or wholesale dealer, pawnbroker, or
474 (8) "Enter" means intrusion of the entire body.
475 (9) (a) "Firearm" means a pistol, revolver, shotgun, sawed-off shotgun, rifle or
476 sawed-off rifle, or [
477 expelled a projectile by action of an explosive.
478 (b) As used in Sections 76-10-526 and 76-10-527 , "firearm" does not include an
479 antique firearm.
480 (10) "Firearms transaction record form" means a form created by the division to be
481 completed by a person purchasing, selling, or transferring a handgun from a dealer in the state.
482 (11) "Fully automatic weapon" means any firearm which fires, is designed to fire, or
483 can be readily restored to fire, automatically more than one shot without manual reloading by a
484 single function of the trigger.
485 (12) (a) "Handgun" means a pistol, revolver, or other firearm of any description,
486 loaded or unloaded, from which [
487 length of which, not including any revolving, detachable, or magazine breech, does not exceed
488 12 inches.
489 (b) As used in Sections 76-10-520 , 76-10-521 , and 76-10-522 , "handgun" and "pistol
490 or revolver" do not include an antique firearm.
491 (13) "House of worship" means a church, temple, synagogue, mosque, or other
492 building set apart primarily for the purpose of worship in which religious services are held and
493 the main body of which is kept for that use and not put to any other use inconsistent with its
494 primary purpose.
495 (14) "Prohibited area" means [
496 (15) "Readily accessible for immediate use" means that a firearm or other dangerous
497 weapon is carried on the person or within such close proximity and in such a manner that it
498 can be retrieved and used as readily as if carried on the person.
499 (16) "Residence" means an improvement to real property used or occupied as a
500 primary or secondary residence.
501 (17) "Sawed-off shotgun" or "sawed-off rifle" means a shotgun having a barrel or
502 barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or barrels of
503 fewer than 16 inches in length, or any dangerous weapon made from a rifle or shotgun by
504 alteration, modification, or otherwise, if the weapon as modified has an overall length of fewer
505 than 26 inches.
506 (18) "Securely encased" means not readily accessible for immediate use, such as held
507 in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other
508 storage area of a motor vehicle, not including a glove box or console box.
509 (19) "State entity" means [
510 institution, officer, corporation, fund, division, office, committee, authority, laboratory,
511 library, unit, bureau, panel, or other administrative unit of the state.
512 (20) "Violent felony" [
513 76-3-203.5 .
514 Section 12. Section 76-10-526 is amended to read:
515 76-10-526. Criminal background check prior to purchase of a firearm -- Fee --
516 Exemption for concealed firearm permit holders.
517 (1) For purposes of this section, "valid permit to carry a concealed firearm" does not
518 include a temporary permit issued pursuant to Section 53-5-705 .
519 (2) (a) To establish personal identification and residence in this state for purposes of
520 this part, a dealer shall require an individual receiving a firearm to present one photo
521 identification on a form issued by a governmental agency of the state.
522 (b) A dealer may not accept a driving privilege card issued in accordance with Section
523 53-3-207 as proof of identification for the purpose of establishing personal identification and
524 residence in this state as required under this Subsection (2).
525 (3) A criminal history background check is required for the sale of a firearm by a
526 licensed firearm dealer in the state.
527 (4) (a) An individual, except a dealer, purchasing a firearm from a dealer shall consent
528 in writing to a criminal background check, on a form provided by the [
529 (b) The form shall contain the following information:
530 (i) the dealer identification number;
531 (ii) the name and address of the individual receiving the firearm;
532 (iii) the date of birth, height, weight, eye color, and hair color of the individual
533 receiving the firearm; and
534 (iv) the Social Security number or any other identification number of the individual
535 receiving the firearm.
536 (5) (a) The dealer shall send the form required by Subsection (4) to the [
537 bureau immediately upon its completion.
538 (b) [
539 the dealer has provided the [
540 received approval from the [
541 (6) The dealer shall make a request for criminal history background information by
542 telephone or other electronic means to the [
543 denial of the inquiry by telephone or other electronic means.
544 (7) When the dealer calls for or requests a criminal history background check, the
546 (a) review the criminal history files, including juvenile court records, to determine if
547 the individual is prohibited from purchasing, possessing, or transferring a firearm by state or
548 federal law;
549 (b) inform the dealer that:
550 (i) the records indicate the individual is so prohibited; or
551 (ii) the individual is approved for purchasing, possessing, or transferring a firearm;
552 (c) provide the dealer with a unique transaction number for that inquiry; and
553 (d) provide a response to the requesting dealer during the call for a criminal
554 background, or by return call, or other electronic means, without delay, except in case of
555 electronic failure or other circumstances beyond the control of the [
557 estimate of the length of the delay.
558 (8) (a) The [
559 history background check longer than 20 days from the date of the dealer's request if the
561 purchasing, possessing, or transferring the firearm under state or federal law.
562 (b) However, the [
563 dealer's federal firearms number, the transaction number, and the transaction date for a period
564 of 12 months.
565 (9) If the criminal history background check discloses information indicating that the
566 individual attempting to purchase the firearm is prohibited from purchasing, possessing, or
567 transferring a firearm, the [
568 jurisdiction where the person resides.
569 (10) If an individual is denied the right to purchase a firearm under this section, the
570 individual may review the individual's criminal history information and may challenge or
571 amend the information as provided in Section 53-10-108 .
572 (11) The [
573 Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all
574 records provided by the division pursuant to this part are in conformance with the
575 requirements of the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat.
576 1536 (1993).
577 (12) (a) (i) [
578 related to the sale of a firearm under this section, which is $7.50.
579 (ii) This fee remains in effect until changed by the [
580 process under Section 63J-1-504 .
581 (b) (i) The dealer shall forward at one time all fees collected for criminal history
582 background checks performed during the month to the [
583 month following the sale of a firearm.
584 (ii) The [
585 credits to cover the cost of administering and conducting the criminal history background
586 check program.
587 (13) An individual with a concealed firearm permit issued pursuant to Title 53,
588 Chapter 5, Part 7, Concealed [
589 check and corresponding fee required in this section for the purchase of a firearm if:
590 (a) the individual presents the individual's concealed firearm permit to the dealer prior
591 to purchase of the firearm; and
592 (b) the dealer verifies with the division that the individual's concealed firearm permit
593 is valid.
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