Chief Sponsor: Karianne Lisonbee

Senate Sponsor: Todd Weiler


8     General Description:
9          This bill amends provisions of the Public Safety Code relating to concealed carry
10     permits.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that a provisional concealed carry permit holder may, before age 21, apply
14     for a concealed carry permit that becomes valid at age 21; and
15          ▸     makes technical changes.
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

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 53-5-704 is amended to read:
26          53-5-704. Bureau duties -- Permit to carry concealed firearm -- Certification for
27     concealed firearms instructor -- Requirements for issuance -- Violation -- Denial,

28     suspension, or revocation -- Appeal procedure.
29          (1) (a) [The] Except as provided in Subsection (1)(b), the bureau shall issue a permit to
30     carry a concealed firearm for lawful self defense to an applicant who is 21 years of age or older
31     within 60 days after receiving an application, unless the bureau finds proof that the applicant
32     does not meet the qualifications [set forth] described in Subsection (2).
33          (b) (i) Within 90 days before the day on which a provisional permit holder under
34     Section 53-5-704.5 reaches 21 years of age, the provisional permit holder may apply under this
35     section for a permit to carry a concealed firearm for lawful self defense.
36          (ii) The bureau shall issue a permit to an applicant under Subsection (1)(b)(i) within 60
37     days after receiving an application, unless the bureau finds proof that the applicant does not
38     meet the qualifications described in Subsection (2).
39          (iii) A permit issued under this Subsection (1)(b) is not valid until an applicant reaches
40     21 years of age.
41          [(b)] (c) The permit is valid throughout the state for five years, without restriction,
42     except as otherwise provided by Section 53-5-710.
43          [(c)] (d) The provisions of Subsections 76-10-504(1) and (2)[,] and Section 76-10-505
44     do not apply to [a person] an individual issued a permit under Subsection (1)(a) or (b).
45          [(d)] (e) Subsection (4)(a) does not apply to a nonresident:
46          (i) active duty service member, who present to the bureau orders requiring the active
47     duty service member to report for duty in this state; or
48          (ii) an active duty service member's spouse, stationed with the active duty service
49     member, who presents to the bureau the active duty service member's orders requiring the
50     service member to report for duty in this state.
51          (2) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if the
52     applicant or permit holder:
53          (i) has been or is convicted of a felony;
54          (ii) has been or is convicted of a crime of violence;
55          (iii) has been or is convicted of an offense involving the use of alcohol;
56          (iv) has been or is convicted of an offense involving the unlawful use of narcotics or
57     other controlled substances;
58          (v) has been or is convicted of an offense involving moral turpitude;

59          (vi) has been or is convicted of an offense involving domestic violence;
60          (vii) has been or is adjudicated by a state or federal court as mentally incompetent,
61     unless the adjudication has been withdrawn or reversed; and
62          (viii) is not qualified to purchase and possess a firearm pursuant to Section 76-10-503
63     and federal law.
64          (b) In determining whether an applicant or permit holder meets the qualifications [set
65     forth] described in Subsection (2)(a), the bureau shall consider mitigating circumstances.
66          (3) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if it has
67     reasonable cause to believe that the applicant or permit holder has been or is a danger to self or
68     others as demonstrated by evidence, including:
69          (i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
70          (ii) past participation in incidents involving unlawful violence or threats of unlawful
71     violence; or
72          (iii) conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons.
73          (b) The bureau may not deny, suspend, or revoke a concealed firearm permit solely for
74     a single conviction of an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
75          (c) In determining whether the applicant or permit holder has been or is a danger to self
76     or others, the bureau may inspect:
77          (i) expunged records of arrests and convictions of adults as provided in Section
78     77-40-109; and
79          (ii) juvenile court records as provided in Section 78A-6-209.
80          (4) (a) In addition to meeting the other qualifications for the issuance of a concealed
81     firearm permit under this section, a nonresident applicant who resides in a state that recognizes
82     the validity of the Utah permit or has reciprocity with Utah's concealed firearm permit law
83     shall:
84          (i) hold a current concealed firearm or concealed weapon permit issued by the
85     appropriate permitting authority of the nonresident applicant's state of residency; and
86          (ii) submit a photocopy or electronic copy of the nonresident applicant's current
87     concealed firearm or concealed weapon permit referred to in Subsection (4)(a)(i).
88          (b) A nonresident applicant who knowingly and willfully provides false information to
89     the bureau under Subsection (4)(a) is prohibited from holding a Utah concealed firearm permit

90     for a period of 10 years.
91          (c) Subsection (4)(a) applies to all applications for the issuance of a concealed firearm
92     permit that are received by the bureau after May 10, 2011.
93          (d) Beginning January 1, 2012, Subsection (4)(a) also applies to an application for
94     renewal of a concealed firearm permit by a nonresident.
95          (5) The bureau shall issue a concealed firearm permit to a former peace officer who
96     departs full-time employment as a peace officer, in an honorable manner, within five years of
97     that departure if the officer meets the requirements of this section.
98          (6) Except as provided in Subsection (7), the bureau shall also require the applicant to
99     provide:
100          (a) the address of the applicant's permanent residence;
101          (b) one recent dated photograph;
102          (c) one set of fingerprints; and
103          (d) evidence of general familiarity with the types of firearms to be concealed as defined
104     in Subsection (8).
105          (7) An applicant who is a law enforcement officer under Section 53-13-103 may
106     provide a letter of good standing from the officer's commanding officer in place of the evidence
107     required by Subsection (6)(d).
108          (8) (a) General familiarity with the types of firearms to be concealed includes training
109     in:
110          (i) the safe loading, unloading, storage, and carrying of the types of firearms to be
111     concealed; and
112          (ii) current laws defining lawful use of a firearm by a private citizen, including lawful
113     self-defense, use of force by a private citizen, including use of deadly force, transportation, and
114     concealment.
115          (b) An applicant may satisfy the general familiarity requirement of Subsection (8)(a) by
116     one of the following:
117          (i) completion of a course of instruction conducted by a national, state, or local
118     firearms training organization approved by the bureau;
119          (ii) certification of general familiarity by [a person] an individual who has been
120     certified by the bureau, which may include a law enforcement officer, military or civilian

121     firearms instructor, or hunter safety instructor; or
122          (iii) equivalent experience with a firearm through participation in an organized
123     shooting competition, law enforcement, or military service.
124          (c) Instruction taken by a student under Subsection (8) shall be in person and not
125     through electronic means.
126          (9) (a) An applicant for certification as a Utah concealed firearms instructor shall:
127          (i) be at least 21 years of age;
128          (ii) be currently eligible to possess a firearm under Section 76-10-503;
129          (iii) have:
130          (A) completed a firearm instruction training course from the National Rifle Association
131     or the Department of Public Safety, Division of Peace Officer Safety Standards and Training;
132     or
133          (B) received training equivalent to one of the courses referred to in Subsection
134     (9)(a)(iii)(A) as determined by the bureau;
135          (iv) have taken a course of instruction and passed a certification test as described in
136     Subsection (9)(c); and
137          (v) possess a Utah concealed firearm permit.
138          (b) An instructor's certification is valid for three years from the date of issuance, unless
139     revoked by the bureau.
140          (c) (i) In order to obtain initial certification or renew a certification, an instructor shall
141     attend an instructional course and pass a test under the direction of the bureau.
142          (ii) (A) The bureau shall provide or contract to provide the course referred to in
143     Subsection (9)(c)(i) twice every year.
144          (B) The course shall include instruction on current Utah law related to firearms,
145     including concealed carry statutes and rules, and the use of deadly force by private citizens.
146          (d) (i) Each applicant for certification under this Subsection (9) shall pay a fee of
147     $50.00 at the time of application for initial certification.
148          (ii) The renewal fee for the certificate is $25.
149          (iii) The bureau may use a fee paid under Subsections (9)(d)(i) and (ii) as a dedicated
150     credit to cover the cost incurred in maintaining and improving the instruction program required
151     for concealed firearm instructors under this Subsection (9).

152          (10) A certified concealed firearms instructor shall provide each of the instructor's
153     students with the required course of instruction outline approved by the bureau.
154          (11) (a) (i) A concealed firearms instructor shall provide a signed certificate to [a
155     person] an individual successfully completing the offered course of instruction.
156          (ii) The instructor shall sign the certificate with the exact name indicated on the
157     instructor's certification issued by the bureau under Subsection (9).
158          (iii) (A) The certificate shall also have affixed to it the instructor's official seal, which
159     is the exclusive property of the instructor and may not be used by any other person.
160          (B) The instructor shall destroy the seal upon revocation or expiration of the
161     instructor's certification under Subsection (9).
162          (C) The bureau shall determine the design and content of the seal to include at least the
163     following:
164          (I) the instructor's name as it appears on the instructor's certification;
165          (II) the words "Utah Certified Concealed Firearms Instructor," "state of Utah," and "my
166     certification expires on (the instructor's certification expiration date)"; and
167          (III) the instructor's business or residence address.
168          (D) The seal shall be affixed to each student certificate issued by the instructor in a
169     manner that does not obscure or render illegible any information or signatures contained in the
170     document.
171          (b) The applicant shall provide the certificate to the bureau in compliance with
172     Subsection (6)(d).
173          (12) The bureau may deny, suspend, or revoke the certification of an applicant or a
174     concealed firearms instructor if it has reason to believe the applicant or the instructor has:
175          (a) become ineligible to possess a firearm under Section 76-10-503 or federal law; or
176          (b) knowingly and willfully provided false information to the bureau.
177          (13) An applicant for certification or a concealed firearms instructor has the same
178     appeal rights as [set forth] described in Subsection (16).
179          (14) In providing instruction and issuing a permit under this part, the concealed
180     firearms instructor and the bureau are not vicariously liable for damages caused by the permit
181     holder.
182          (15) An individual who knowingly and willfully provides false information on an

183     application filed under this part is guilty of a class B misdemeanor, and the application may be
184     denied, or the permit may be suspended or revoked.
185          (16) (a) In the event of a denial, suspension, or revocation of a permit, the applicant or
186     permit holder may file a petition for review with the board within 60 days from the date the
187     denial, suspension, or revocation is received by the applicant or permit holder by certified mail,
188     return receipt requested.
189          (b) The bureau's denial of a permit shall be in writing and shall include the general
190     reasons for the action.
191          (c) If an applicant or permit holder appeals the denial to the review board, the applicant
192     or permit holder may have access to the evidence upon which the denial is based in accordance
193     with Title 63G, Chapter 2, Government Records Access and Management Act.
194          (d) On appeal to the board, the bureau has the burden of proof by a preponderance of
195     the evidence.
196          (e) (i) Upon a ruling by the board on the appeal of a denial, the board shall issue a final
197     order within 30 days stating the board's decision.
198          (ii) The final order shall be in the form prescribed by Subsection 63G-4-203(1)(i).
199          (iii) The final order is final bureau action for purposes of judicial review under Section
200     63G-4-402.
201          (17) The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah
202     Administrative Rulemaking Act, necessary to administer this chapter.

Legislative Review Note
Office of Legislative Research and General Counsel