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First Substitute S.B. 36
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Jan 28, 2011 at 11:31 AM by rday. --> This document includes House Committee Amendments incorporated into the bill on Thu, Feb 3, 2011 at 2:18 PM by lerror. -->
7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Concealed Firearm Act related to the issuance of
10 concealed firearm permits to nonresidents.
11 Highlighted Provisions:
12 This bill:
13 . requires a nonresident applicant for a concealed firearm permit to hold a current
14 concealed firearm or concealed weapon permit from the applicant's state of
15 residency that recognizes the validity of the Utah permit in that state or has
16 reciprocity with the Utah concealed firearm permit law; and
17 . requires a nonresident applicant to pay an additional $5 processing fee for the
18 issuance of the permit.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 53-5-704, as last amended by Laws of Utah 2010, Chapters 62 and 283
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 53-5-704 is amended to read:
30 53-5-704. Bureau duties -- Permit to carry concealed firearm -- Certification for
31 concealed firearms instructor -- Requirements for issuance -- Violation -- Denial,
32 suspension, or revocation -- Appeal procedure.
33 (1) (a) The bureau shall issue a permit to carry a concealed firearm for lawful self
34 defense to an applicant who is 21 years of age or older within 60 days after receiving an
35 application, unless the bureau finds proof that the applicant does not meet the qualifications set
36 forth in Subsection (2).
37 (b) The permit is valid throughout the state for five years, without restriction, except as
38 otherwise provided by Section 53-5-710 .
39 (c) The provisions of Subsections 76-10-504 (1) and (2), and Section 76-10-505 do not
40 apply to a person issued a permit under Subsection (1)(a).
41 (2) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if the
42 applicant or permit holder:
43 (i) has been or is convicted of a felony;
44 (ii) has been or is convicted of a crime of violence;
45 (iii) has been or is convicted of an offense involving the use of alcohol;
46 (iv) has been or is convicted of an offense involving the unlawful use of narcotics or
47 other controlled substances;
48 (v) has been or is convicted of an offense involving moral turpitude;
49 (vi) has been or is convicted of an offense involving domestic violence;
50 (vii) has been or is adjudicated by a state or federal court as mentally incompetent,
51 unless the adjudication has been withdrawn or reversed; and
52 (viii) is not qualified to purchase and possess a firearm pursuant to Section 76-10-503
53 and federal law.
54 (b) In determining whether an applicant or permit holder meets the qualifications set
55 forth in Subsection (2)(a), the bureau shall consider mitigating circumstances.
56 (3) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if it has
58 others as demonstrated by evidence, including:
59 (i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
60 (ii) past participation in incidents involving unlawful violence or threats of unlawful
61 violence; or
62 (iii) conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons.
63 (b) The bureau may not deny, suspend, or revoke a concealed firearm permit solely for
64 a single conviction [
65 (c) In determining whether the applicant or permit holder has been or is a danger to self
66 or others, the bureau may inspect:
67 (i) expunged records of arrests and convictions of adults as provided in Section
68 77-40-109 ; and
69 (ii) juvenile court records as provided in Section 78A-6-209 .
70 (d) (i) If a person granted a permit under this part has been charged with a crime of
71 violence in any state, the bureau shall suspend the permit.
72 (ii) Upon notice of the acquittal of the person charged, or notice of the charges having
73 been dropped, the bureau shall immediately reinstate the suspended permit.
74 (4) (a) In addition to meeting the other qualifications for the issuance of a concealed
75 firearm permit under this section, a nonresident applicant S. who resides in a state that
75a recognizes the validity of the Utah permit or has reciprocity with Utah's concealed firearm
75b permit law .S shall:
76 (i) hold a current concealed firearm or concealed weapon permit issued by the
77 appropriate permitting authority of the nonresident applicant's state of residency S. [
78 the validity of the Utah permit in that state or has reciprocity with Utah's concealed firearm
79 permit law
80 (ii) submit a photocopy or electronic copy of the nonresident applicant's current
81 concealed firearm or concealed weapon permit referred to in Subsection (4)(a)(i).
82 (b) A nonresident applicant who knowingly and willfully provides false information to
83 the bureau under Subsection (4)(a) is prohibited from holding a Utah concealed firearm permit
84 for a period of 10 years.
84a H. (c) Subsection (4)(a) applies to all applications for the issuance of a concealed
84b firearm permit that are received by the bureau after May 10, 2011.
86 renewal of a concealed firearm permit by a nonresident.
90 requirements of this section.
92 applicant to provide:
93 (a) the address of the applicant's permanent residence;
94 (b) one recent dated photograph;
95 (c) one set of fingerprints; and
96 (d) evidence of general familiarity with the types of firearms to be concealed as defined
97 in Subsection [
99 provide a letter of good standing from the officer's commanding officer in place of the evidence
100 required by Subsection [
102 training in:
103 (i) the safe loading, unloading, storage, and carrying of the types of firearms to be
104 concealed; and
105 (ii) current laws defining lawful use of a firearm by a private citizen, including lawful
106 self-defense, use of force by a private citizen, including use of deadly force, transportation, and
108 (b) An applicant may satisfy the general familiarity requirement of Subsection [
109 (8)(a) by one of the following:
110 (i) completion of a course of instruction conducted by a national, state, or local
111 firearms training organization approved by the bureau;
112 (ii) certification of general familiarity by a person who has been certified by the bureau,
113 which may include a law enforcement officer, military or civilian firearms instructor, or hunter
114 safety instructor; or
115 (iii) equivalent experience with a firearm through participation in an organized
116 shooting competition, law enforcement, or military service.
117 (c) Instruction taken by a student under Subsection [
118 through electronic means.
120 (i) be at least 21 years of age;
121 (ii) be currently eligible to possess a firearm under Section 76-10-503 [
123 (iii) have a current National Rifle Association certification or its equivalent as
124 determined by the division; [
125 (iv) have taken a course of instruction and passed a certification test as described in
126 Subsection [
127 (v) possess a Utah concealed firearm permit.
128 (b) An instructor's certification is valid for three years from the date of issuance, unless
129 revoked by the bureau.
130 (c) (i) In order to obtain initial certification or renew a certification, an instructor shall
131 attend an instructional course and pass a test under the direction of the bureau.
132 (ii) (A) The bureau shall provide or contract to provide the course referred to in
133 Subsection [
134 (B) The course shall include instruction on current Utah law related to firearms,
135 including concealed carry statutes and rules, and the use of deadly force by private citizens.
136 (d) (i) Each applicant for certification under this Subsection [
137 $50.00 at the time of application for initial certification.
138 (ii) The renewal fee for the certificate is $25.
139 (iii) The [
141 improving the instruction program required for concealed firearm instructors under this
142 Subsection [
144 students with the required course of instruction outline approved by the bureau.
146 certificate to a person successfully completing the offered course of instruction.
147 (ii) The instructor shall sign the certificate with the exact name indicated on the
148 instructor's certification issued by the bureau under Subsection [
149 (iii) (A) The certificate shall also have affixed to it the instructor's official seal, which
151 (B) The instructor shall destroy the seal upon revocation or expiration of the
152 instructor's certification under Subsection [
153 (C) The bureau shall determine the design and content of the seal to include at least the
155 (I) the instructor's name as it appears on the instructor's certification;
156 (II) the words "Utah Certified Concealed Firearms Instructor," "state of Utah," and "my
157 certification expires on (the instructor's certification expiration date)"; and
158 (III) the instructor's business or residence address.
159 (D) The seal shall be affixed to each student certificate issued by the instructor in a
160 manner that does not obscure or render illegible any information or signatures contained in the
162 (b) The applicant shall provide the certificate to the bureau in compliance with
163 Subsection [
165 or a concealed firearms instructor if it has reason to believe the applicant or the instructor has:
166 (a) become ineligible to possess a firearm under Section 76-10-503 or federal law; or
167 (b) knowingly and willfully provided false information to the bureau.
169 same appeal rights as set forth in Subsection [
171 firearms instructor and the bureau are not vicariously liable for damages caused by the permit
174 an application filed under this part is guilty of a class B misdemeanor, and the application may
175 be denied, or the permit may be suspended or revoked.
177 applicant or permit holder may file a petition for review with the board within 60 days from the
178 date the denial, suspension, or revocation is received by the applicant or permit holder by
179 certified mail, return receipt requested.
180 (b) The bureau's denial of a permit shall be in writing and shall include the general
182 (c) If an applicant or permit holder appeals the denial to the review board, the applicant
183 or permit holder may have access to the evidence upon which the denial is based in accordance
184 with Title 63G, Chapter 2, Government Records Access and Management Act.
185 (d) On appeal to the board, the bureau has the burden of proof by a preponderance of
186 the evidence.
187 (e) (i) Upon a ruling by the board on the appeal of a denial, the division shall issue a
188 final order within 30 days stating the board's decision.
189 (ii) The final order shall be in the form prescribed by Subsection 63G-4-203 (1)(i).
190 (iii) The final order is final bureau action for purposes of judicial review under Section
191 63G-4-402 .
193 3, Utah Administrative Rulemaking Act, necessary to administer this chapter.
194 Section 2. Section 53-5-707 is amended to read:
195 53-5-707. Permit -- Fees -- Disposition.
196 (1) (a) Each applicant for a permit shall pay a fee of $35 at the time of filing an
197 application, except that a nonresident applicant shall pay an additional $5 for the additional
198 cost of processing a nonresident application.
199 (b) The initial fee shall be waived for an applicant who is a law enforcement officer
200 under Section 53-13-103 .
201 (2) The renewal fee for the permit is $10.
202 (3) The replacement fee for the permit is $10.
203 (4) The late fee for the renewal permit is $7.50.
204 (5) The bureau shall use the fees collected under Subsections (1), (2), (3), and (4) as a
205 dedicated credit to cover the costs of issuing concealed firearm permits under this part.
206 (6) (a) The bureau may collect any fees charged by an outside agency for additional
207 services required by statute as a prerequisite for issuance of a permit.
208 (b) The bureau shall promptly forward any fees collected under Subsection (6)(a) to the
209 appropriate agency.
210 (7) The bureau shall make an annual report to the Legislature's Law Enforcement and
211 Criminal Justice Interim Committee on the amount and use of the fees collected under this
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