7 LONG TITLE
8 General Description:
9 This bill creates a board for concealed carry reciprocity agreements.
10 Highlighted Provisions:
11 This bill:
12 ▸ creates the Concealed Firearm Permit Reciprocity Board;
13 ▸ directs the Bureau of Criminal Identification to actively pursue conceal carry
14 reciprocity agreements with other states; and
15 ▸ provides a sunset date for the board.
16 Money Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 53-5-704, as last amended by Laws of Utah 2013, Chapter 280
23 63I-1-253, as last amended by Laws of Utah 2016, Chapters 41, 63, and 169
25 53-5-713, Utah Code Annotated 1953
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 53-5-704 is amended to read:
29 53-5-704. Bureau duties -- Permit to carry concealed firearm -- Certification for
30 concealed firearms instructor -- Requirements for issuance -- Violation -- Denial,
31 suspension, or revocation -- Appeal procedure.
32 (1) (a) The bureau shall issue a permit to carry a concealed firearm for lawful self
33 defense to an applicant who is 21 years of age or older within 60 days after receiving an
34 application, unless the bureau finds proof that the applicant does not meet the qualifications set
35 forth in Subsection (2).
36 (b) The permit is valid throughout the state for five years, without restriction, except as
37 otherwise provided by Section 53-5-710.
38 (c) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not
39 apply to a person issued a permit under Subsection (1)(a).
40 (d) Subsection (4)(a) does not apply to a nonresident:
41 (i) active duty service member, who present to the bureau orders requiring the active
42 duty service member to report for duty in this state; or
43 (ii) an active duty service member's spouse, stationed with the active duty service
44 member, who presents to the bureau the active duty service member's orders requiring the
45 service member to report for duty in this state.
46 (2) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if the
47 applicant or permit holder:
48 (i) has been or is convicted of a felony;
49 (ii) has been or is convicted of a crime of violence;
50 (iii) has been or is convicted of an offense involving the use of alcohol;
51 (iv) has been or is convicted of an offense involving the unlawful use of narcotics or
52 other controlled substances;
53 (v) has been or is convicted of an offense involving moral turpitude;
54 (vi) has been or is convicted of an offense involving domestic violence;
55 (vii) has been or is adjudicated by a state or federal court as mentally incompetent,
56 unless the adjudication has been withdrawn or reversed; and
57 (viii) is not qualified to purchase and possess a firearm pursuant to Section 76-10-503
58 and federal law.
59 (b) In determining whether an applicant or permit holder meets the qualifications set
60 forth in Subsection (2)(a), the bureau shall consider mitigating circumstances.
61 (3) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if it has
62 reasonable cause to believe that the applicant or permit holder has been or is a danger to self or
63 others as demonstrated by evidence, including:
64 (i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
65 (ii) past participation in incidents involving unlawful violence or threats of unlawful
66 violence; or
67 (iii) conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons.
68 (b) The bureau may not deny, suspend, or revoke a concealed firearm permit solely for
69 a single conviction of an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
70 (c) In determining whether the applicant or permit holder has been or is a danger to self
71 or others, the bureau may inspect:
72 (i) expunged records of arrests and convictions of adults as provided in Section
73 77-40-109; and
74 (ii) juvenile court records as provided in Section 78A-6-209.
75 (4) (a) In addition to meeting the other qualifications for the issuance of a concealed
76 firearm permit under this section, a nonresident applicant who resides in a state that recognizes
77 the validity of the Utah permit or has reciprocity with Utah's concealed firearm permit law
79 (i) hold a current concealed firearm or concealed weapon permit issued by the
80 appropriate permitting authority of the nonresident applicant's state of residency; and
81 (ii) submit a photocopy or electronic copy of the nonresident applicant's current
82 concealed firearm or concealed weapon permit referred to in Subsection (4)(a)(i).
83 (b) A nonresident applicant who knowingly and willfully provides false information to
84 the bureau under Subsection (4)(a) is prohibited from holding a Utah concealed firearm permit
85 for a period of 10 years.
86 (c) Subsection (4)(a) applies to all applications for the issuance of a concealed firearm
87 permit that are received by the bureau after May 10, 2011.
88 (d) Beginning January 1, 2012, Subsection (4)(a) also applies to an application for
89 renewal of a concealed firearm permit by a nonresident.
90 (5) The bureau shall issue a concealed firearm permit to a former peace officer who
91 departs full-time employment as a peace officer, in an honorable manner, within five years of
92 that departure if the officer meets the requirements of this section.
93 (6) Except as provided in Subsection (7), the bureau shall also require the applicant to
95 (a) the address of the applicant's permanent residence;
96 (b) one recent dated photograph;
97 (c) one set of fingerprints; and
98 (d) evidence of general familiarity with the types of firearms to be concealed as defined
99 in Subsection (8).
100 (7) An applicant who is a law enforcement officer under Section 53-13-103 may
101 provide a letter of good standing from the officer's commanding officer in place of the evidence
102 required by Subsection (6)(d).
103 (8) (a) General familiarity with the types of firearms to be concealed includes training
105 (i) the safe loading, unloading, storage, and carrying of the types of firearms to be
106 concealed; and
107 (ii) current laws defining lawful use of a firearm by a private citizen, including lawful
108 self-defense, use of force by a private citizen, including use of deadly force, transportation, and
110 (b) An applicant may satisfy the general familiarity requirement of Subsection (8)(a) by
111 one of the following:
112 (i) completion of a course of instruction conducted by a national, state, or local
113 firearms training organization approved by the bureau;
114 (ii) certification of general familiarity by a person who has been certified by the bureau,
115 which may include a law enforcement officer, military or civilian firearms instructor, or hunter
116 safety instructor; or
117 (iii) equivalent experience with a firearm through participation in an organized
118 shooting competition, law enforcement, or military service.
119 (c) Instruction taken by a student under Subsection (8) shall be in person and not
120 through electronic means.
121 (9) (a) An applicant for certification as a Utah concealed firearms instructor shall:
122 (i) be at least 21 years of age;
123 (ii) be currently eligible to possess a firearm under Section 76-10-503;
124 (iii) have:
125 (A) completed a firearm instruction training course from the National Rifle Association
126 or the Department of Public Safety, Division of Peace Officer Safety Standards and Training;
128 (B) received training equivalent to one of the courses referred to in Subsection
129 (9)(a)(iii)(A) as determined by the bureau;
130 (iv) have taken a course of instruction and passed a certification test as described in
131 Subsection (9)(c); and
132 (v) possess a Utah concealed firearm permit.
133 (b) An instructor's certification is valid for three years from the date of issuance, unless
134 revoked by the bureau.
135 (c) (i) In order to obtain initial certification or renew a certification, an instructor shall
136 attend an instructional course and pass a test under the direction of the bureau.
137 (ii) (A) The bureau shall provide or contract to provide the course referred to in
138 Subsection (9)(c)(i) twice every year.
139 (B) The course shall include instruction on current Utah law related to firearms,
140 including concealed carry statutes and rules, and the use of deadly force by private citizens.
141 (d) (i) Each applicant for certification under this Subsection (9) shall pay a fee of
142 $50.00 at the time of application for initial certification.
143 (ii) The renewal fee for the certificate is $25.
144 (iii) The bureau may use a fee paid under Subsections (9)(d)(i) and (ii) as a dedicated
145 credit to cover the cost incurred in maintaining and improving the instruction program required
146 for concealed firearm instructors under this Subsection (9).
147 (10) A certified concealed firearms instructor shall provide each of the instructor's
148 students with the required course of instruction outline approved by the bureau.
149 (11) (a) (i) A concealed firearms instructor shall provide a signed certificate to a person
150 successfully completing the offered course of instruction.
151 (ii) The instructor shall sign the certificate with the exact name indicated on the
152 instructor's certification issued by the bureau under Subsection (9).
153 (iii) (A) The certificate shall also have affixed to it the instructor's official seal, which
154 is the exclusive property of the instructor and may not be used by any other person.
155 (B) The instructor shall destroy the seal upon revocation or expiration of the
156 instructor's certification under Subsection (9).
157 (C) The bureau shall determine the design and content of the seal to include at least the
159 (I) the instructor's name as it appears on the instructor's certification;
160 (II) the words "Utah Certified Concealed Firearms Instructor," "state of Utah," and "my
161 certification expires on (the instructor's certification expiration date)"; and
162 (III) the instructor's business or residence address.
163 (D) The seal shall be affixed to each student certificate issued by the instructor in a
164 manner that does not obscure or render illegible any information or signatures contained in the
166 (b) The applicant shall provide the certificate to the bureau in compliance with
167 Subsection (6)(d).
168 (12) The bureau may deny, suspend, or revoke the certification of an applicant or a
169 concealed firearms instructor if it has reason to believe the applicant or the instructor has:
170 (a) become ineligible to possess a firearm under Section 76-10-503 or federal law; or
171 (b) knowingly and willfully provided false information to the bureau.
172 (13) An applicant for certification or a concealed firearms instructor has the same
173 appeal rights as set forth in Subsection (16).
174 (14) In providing instruction and issuing a permit under this part, the concealed
175 firearms instructor and the bureau are not vicariously liable for damages caused by the permit
177 (15) An individual who knowingly and willfully provides false information on an
178 application filed under this part is guilty of a class B misdemeanor, and the application may be
179 denied, or the permit may be suspended or revoked.
180 (16) (a) In the event of a denial, suspension, or revocation of a permit, the applicant or
181 permit holder may file a petition for review with the board within 60 days from the date the
182 denial, suspension, or revocation is received by the applicant or permit holder by certified mail,
183 return receipt requested.
184 (b) The bureau's denial of a permit shall be in writing and shall include the general
185 reasons for the action.
186 (c) If an applicant or permit holder appeals the denial to the review board, the applicant
187 or permit holder may have access to the evidence upon which the denial is based in accordance
188 with Title 63G, Chapter 2, Government Records Access and Management Act.
189 (d) On appeal to the board, the bureau has the burden of proof by a preponderance of
190 the evidence.
191 (e) (i) Upon a ruling by the board on the appeal of a denial, the board shall issue a final
192 order within 30 days stating the board's decision.
193 (ii) The final order shall be in the form prescribed by Subsection 63G-4-203(1)(i).
194 (iii) The final order is final bureau action for purposes of judicial review under Section
196 (17) The bureau shall:
197 (a) act as the designated official in the state for matters relating to reciprocity of
198 concealed firearm permits with other states;
199 (b) seek out responsible officials in all states that recognize the Utah concealed firearm
200 permit, but do not have formal reciprocity agreements with Utah, and negotiate the
201 establishment of formal reciprocity agreements;
202 (c) open and conduct negotiations with other states that do not recognize the Utah
203 concealed firearm permit, on behalf of the board established in Section 53-5-713, to:
204 (i) establish formal reciprocity agreements; or
205 (ii) enter into concealed firearm permit recognition agreements;
206 (d) present to the board the terms of any agreements;
207 (e) serve as the custodian of official records and documents of all concealed firearm
208 reciprocity agreements or recognition agreements with other states; and
209 (f) maintain a list of states with reciprocity or recognition agreements on its website.
211 3, Utah Administrative Rulemaking Act, necessary to administer this chapter.
212 Section 2. Section 53-5-713 is enacted to read:
213 53-5-713. Concealed Firearm Permit Reciprocity Board.
214 (1) There is created within the bureau the Concealed Firearm Permit Reciprocity
216 (2) The board is comprised of the following five members:
217 (a) one member appointed by the governor;
218 (b) the commissioner of the Department of Public Safety or the commissioner's
220 (c) the attorney general or the attorney general's designee;
221 (d) a member of the Senate, appointed by the president of the Senate; and
222 (e) a member of the House of Representatives, appointed by the Speaker of the House
223 of Representatives.
224 (3) The board shall annually select a chair and vice-chair from its membership.
225 (4) The board shall direct the bureau on the goals and objectives of negotiations with
226 other states to establish reciprocity agreements for the Utah concealed firearm permit by those
227 states as outlined in Subsection 53-5-703(17).
228 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
229 appointed for the unexpired term in the same manner as the original appointment.
230 (6) A member may not receive compensation or benefits for the member's service, but
231 may receive per diem and travel expenses in accordance with:
232 (a) Section 63A-3-106;
233 (b) Section 63A-3-107; and
234 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
236 (7) The board shall meet at least quarterly at the call of the chair, unless the board has
237 no business to conduct during that quarter.
238 (8) This board is repealed in accordance with Section 63I-1-253.
239 Section 3. Section 63I-1-253 is amended to read:
240 63I-1-253. Repeal dates, Titles 53, 53A, and 53B.
241 The following provisions are repealed on the following dates:
242 (1) Section 53-5-713, Concealed Firearm Permit Reciprocity Board, is repealed July 1,
247 repealed July 1, 2020.
253 repealed July 1, 2016.
255 Education State Plan Pilot Program, is repealed July 1, 2022.
259 money from the Land Exchange Distribution Account to the Geological Survey for test wells,
260 other hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1,