7 LONG TITLE
8 General Description:
9 This bill establishes a provisional permit to carry a concealed firearm for eligible
10 individuals under 21 years of age.
11 Highlighted Provisions:
12 This bill:
13 ▸ establishes a provisional permit to carry a concealed firearm;
14 ▸ stipulates that individuals must be at least 18 years of age, but no more than 20
15 years of age, to obtain the permit;
16 ▸ stipulates that the holder of a provisional permit issued by the state must meet
17 eligibility requirements, including minimum age requirements, to carry a concealed
18 firearm in another state; and
19 ▸ prohibits a provisional permit holder from carrying a concealed firearm on or about
20 an elementary or secondary school premises.
21 Money Appropriated in this Bill:
23 Other Special Clauses:
25 Utah Code Sections Affected:
27 53-5-706, as last amended by Laws of Utah 2011, Chapter 368
28 53-5-707, as last amended by Laws of Utah 2014, Chapters 189 and 226
29 53-5-710, as last amended by Laws of Utah 1999, Chapter 366
30 53-10-202.5, as last amended by Laws of Utah 2010, Chapters 58, 283 and last
31 amended by Coordination Clause, Laws of Utah 2010, Chapter 58
33 53-5-704.5, Utah Code Annotated 1953
34 53-5-707.5, Utah Code Annotated 1953
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 53-5-704.5 is enacted to read:
38 53-5-704.5. Provisional permit to carry concealed firearm.
39 (1) (a) The bureau shall issue a provisional permit to carry a concealed firearm for
40 lawful self-defense to an applicant who is 18 years of age, but is no older than 20 years of age,
41 within 60 days after receiving an application, unless the bureau finds proof that the applicant
42 does not meet the qualifications set forth in Subsection 53-5-704(2).
43 (b) The provisional permit is valid throughout the state until the applicant reaches the
44 age of 21, without restriction, except as otherwise provided by Section 53-5-710.
45 (2) The bureau may deny, suspend, or revoke a provisional permit issued under this
46 section as set forth in Subsections 53-5-704(2) and (3).
47 (3) (a) In addition to meeting the other qualifications for the issuance of a provisional
48 permit under this section, a nonresident applicant who resides in a state that recognizes the
49 validity of the Utah provisional permit or has reciprocity with Utah's provisional permit law
51 (i) hold a current applicable concealed firearm or concealed weapon permit issued by
52 the appropriate permitting authority of the nonresident applicant's state of residency; and
53 (ii) submit a photocopy or electronic copy of the nonresident applicant's current
54 concealed firearm or concealed weapon permit referred to in Subsection (3)(a)(i).
55 (b) A nonresident applicant who knowingly and willfully provides false information to
56 the bureau under Subsection (3)(a) is prohibited from holding a Utah concealed firearm permit
57 of any kind for a period of 10 years.
58 (4) The bureau shall also require the applicant to provide:
59 (a) the address of the applicant's permanent residence;
60 (b) one recent dated photograph;
61 (c) one set of fingerprints; and
62 (d) evidence of general familiarity with the types of firearms to be concealed as defined
63 in Subsection 53-5-704(8).
64 (5) In the event of a decision to deny, suspend, or revoke a permit, the applicant or
65 permit holder under this section may appeal the decision through the same process set forth in
66 Subsection 53-5-704(16).
67 (6) The applicant or permit holder of the provisional permit under this section must
68 meet the eligibility requirements of another state, including age requirements, to carry a
69 concealed firearm in that state.
70 Section 2. Section 53-5-706 is amended to read:
71 53-5-706. Permit -- Fingerprints transmitted to bureau -- Report from bureau.
72 (1) (a) Except as provided in Subsection (2), the fingerprints of each applicant shall be
73 taken on a form prescribed by the bureau.
74 (b) Upon receipt of the fingerprints and the fee prescribed in Section 53-5-707 or
75 53-5-707.5, the bureau shall conduct a search of its files for criminal history information
76 pertaining to the applicant, and shall request the Federal Bureau of Investigation to conduct a
77 similar search through its files.
78 (c) If the fingerprints are insufficient for the Federal Bureau of Investigation to conduct
79 a search of its files for criminal history information, the application or concealed firearm permit
80 may be denied, suspended, or revoked until sufficient fingerprints are submitted by the
82 (2) (a) If the permit applicant has previously applied to the bureau for a permit to carry
83 concealed firearms, the bureau shall note the previous identification numbers and other data
84 which would provide positive identification in the files of the bureau on the copy of any
85 subsequent permit submitted to the bureau in accordance with this section.
86 (b) No additional application form, fingerprints, or fee are required under this
87 Subsection (2).
88 Section 3. Section 53-5-707 is amended to read:
89 53-5-707. Concealed firearm permit -- Fees -- Concealed Weapons Account.
90 (1) (a) An applicant for a concealed firearm permit shall pay a fee of $24.75 at the time
91 of filing an application.
92 (b) A nonresident applicant shall pay an additional $10 for the additional cost of
93 processing a nonresident application.
94 (c) The bureau shall waive the initial fee for an applicant who is a law enforcement
95 officer under Section 53-13-103.
96 (d) Concealed firearm permit renewal fees for active duty service members and the
97 spouse of an active duty service member shall be waived.
98 (2) The renewal fee for the permit is $15.
99 (3) The replacement fee for the permit is $10.
100 (4) (a) The late fee for the renewal permit is $7.50.
101 (b) As used in this section, "late fee" means the fee charged by the bureau for a renewal
102 submitted on a permit that has been expired for more than 30 days but less than one year.
103 (5) (a) There is created a restricted account within the General Fund known as the
104 "Concealed Weapons Account."
105 (b) The account shall be funded from fees collected under this section and Section
107 (c) Funds in the account shall be used to cover costs relating to the issuance of
108 concealed firearm permits under this part and may not be used for any other purpose.
109 (6) (a) The bureau may collect any fees charged by an outside agency for additional
110 services required by statute as a prerequisite for issuance of a permit.
111 (b) The bureau may modify the fee under Subsection (1)(a) by adjusting that fee so that
112 the total of the fee under Subsection (1)(a) and the fee under Subsection (6)(a) is the nearest
113 even dollar amount to that total.
114 (c) The bureau shall promptly forward any fees collected under Subsection (6)(a) to the
115 appropriate agency.
116 (7) The bureau shall make an annual report in writing to the Legislature's Law
117 Enforcement and Criminal Justice Interim Committee on the amount and use of the fees
118 collected under this section and Section 53-5-707.5.
119 Section 4. Section 53-5-707.5 is enacted to read:
120 53-5-707.5. Provisional concealed firearm permit -- Fees -- Disposition of fees.
121 (1) (a) An applicant for a provisional concealed firearm permit, as described in Section
122 53-5-704.5, shall pay a fee of $24.75 at the time of filing an application.
123 (b) A nonresident applicant shall pay an additional $10 for the additional cost of
124 processing a nonresident application.
125 (2) The replacement fee for the permit is $10.
126 (3) Fees collected under this section shall be remitted to the Concealed Weapons
127 Account, as described in Subsection 53-5-707(5).
128 (4) (a) The bureau may collect any fees charged by an outside agency for additional
129 services required by statute as a prerequisite for issuance of a permit.
130 (b) The bureau may modify the fee under Subsection (1)(a) by adjusting that fee so that
131 the total of the fee under Subsection (1)(a) and the fee under Subsection (4)(a) is the nearest
132 even dollar amount to that total.
133 (c) The bureau shall promptly forward any fees collected under Subsection (4)(a) to the
134 appropriate agency.
135 Section 5. Section 53-5-710 is amended to read:
136 53-5-710. Cross-references to concealed firearm permit restrictions.
137 (1) A person with a permit of any kind to carry a concealed firearm may not carry a
138 concealed firearm in the following locations:
140 prohibited and notice of the prohibition posted;
143 weapons are prohibited as provided in Section 76-10-530.
144 (2) Notwithstanding Subsection 76-10-505.5(2), a person under the age of 21 with a
145 permit of any kind to carry a concealed firearm may not carry a concealed firearm on or about
146 school premises, as defined in Subsection 76-10-505.5(1)(a).
147 Section 6. Section 53-10-202.5 is amended to read:
148 53-10-202.5. Bureau services -- Fees.
149 The bureau shall collect fees for the following services:
150 (1) applicant fingerprint card as determined by Section 53-10-108;
151 (2) bail enforcement licensing as determined by Section 53-11-115;
152 (3) concealed firearm permit as determined by Section 53-5-707;
153 (4) provisional concealed firearm permit as determined by Section 53-5-707.5;
155 determined by Section 77-40-106;