Senator Curtis S. Bramble proposes the following substitute bill:




Chief Sponsor: Justin L. Fawson

Senate Sponsor: Curtis S. Bramble


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:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
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
24     ENACTS:
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
78     shall:
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
94     provide:
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
104     in:
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
109     concealment.
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;
127     or
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
158     following:
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
165     document.
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
176     holder.
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
195     63G-4-402.
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.
210          [(17)] (18) The commissioner may make rules in accordance with Title 63G, Chapter
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
215     Board.
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
219     designee;
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
235     63A-3-107.
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,

243     2020.
244          [(1)] (2) Subsection 53-10-202(18) is repealed July 1, 2018.
245          [(2)] (3) Section 53-10-202.1 is repealed July 1, 2018.
246          [(3)] (4) Title 53A, Chapter 1a, Part 6, Public Education Job Enhancement Program is
247     repealed July 1, 2020.
248          [(4)] (5) Section 53A-13-106.5 is repealed July 1, 2019.
249          [(5)] (6) Section 53A-15-106 is repealed July 1, 2019.
250          [(6)] (7) Subsections 53A-16-113(3) and (4) are repealed December 31, 2016.
251          [(7)] (8) Section 53A-16-114 is repealed December 31, 2016.
252          [(8)] (9) Section 53A-17a-163, Performance-based Compensation Pilot Program, is
253     repealed July 1, 2016.
254          [(9)] (10) Title 53A, Chapter 31, Part 4, American Indian and Alaskan Native
255     Education State Plan Pilot Program, is repealed July 1, 2022.
256          [(10)] (11) Section 53B-24-402, Rural residency training program, is repealed July 1,
257     2020.
258          [(11)] (12) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of
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,
261     2020.