1     
FIREARMS AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brian M. Greene

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill makes changes to statutes regarding concealed firearm permits, background
10     checks, and fees.
11     Highlighted Provisions:
12          This bill:
13          ▸     changes certain fees for a concealed firearm permit and renewal;
14          ▸     authorizes a fee for a non-criminal justice related fingerprint card;
15          ▸     requires the bureau to refund certain fees;
16          ▸     eliminates the state background check requirement;
17          ▸     requires the bureau to provide a report to the National Instant Criminal Background
18     Check System of persons restricted from purchasing or possessing firearms under
19     state or federal law; and
20          ▸     makes technical and conforming corrections.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          53-5-706, as last amended by Laws of Utah 2017, Chapter 286
28          53-5-707, as last amended by Laws of Utah 2017, Chapter 286
29          53-5-707.5, as enacted by Laws of Utah 2017, Chapter 286
30          53-10-108, as last amended by Laws of Utah 2015, Chapters 255 and 389
31          53-10-202, as last amended by Laws of Utah 2017, Chapter 296
32          53-10-202.5, as last amended by Laws of Utah 2017, Chapter 286
33          76-10-526, as last amended by Laws of Utah 2014, Chapter 226
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 53-5-706 is amended to read:
37          53-5-706. Permit -- Fingerprints transmitted to bureau -- Report from bureau.
38          (1) (a) Except as provided in Subsection (2), the fingerprints of each applicant shall be
39     taken on a form prescribed by the bureau.
40          (b) Upon receipt of the fingerprints, the fee prescribed in Subsection
41     53-10-108(15)(a)(i), and the fee prescribed in Section 53-5-707 or 53-5-707.5, the bureau shall
42     conduct a search of its files for criminal history information pertaining to the applicant, and
43     shall request the Federal Bureau of Investigation to conduct a similar search through its files.
44          (c) If the fingerprints are insufficient for the Federal Bureau of Investigation to conduct
45     a search of its files for criminal history information, the application or concealed firearm permit
46     may be denied, suspended, or revoked until sufficient fingerprints are submitted by the
47     applicant.
48          (2) (a) If the permit applicant has previously applied to the bureau for a permit to carry
49     concealed firearms, the bureau shall note the previous identification numbers and other data
50     which would provide positive identification in the files of the bureau on the copy of any
51     subsequent permit submitted to the bureau in accordance with this section.
52          (b) No additional application form, fingerprints, or fee are required under this
53     Subsection (2).
54          (3) On or before July 1, 2018, the bureau shall refund all fees that were collected under
55     Subsection 53-10-108(15)(a)(i) from August 1, 2017, through May 8, 2018.
56          Section 2. Section 53-5-707 is amended to read:
57          53-5-707. Concealed firearm permit -- Fees -- Concealed Weapons Account.
58          (1) (a) An applicant for a concealed firearm permit shall pay a fee of [$24.75] $20 at
59     the time of filing an application.
60          (b) A nonresident applicant shall pay an additional $10 for the additional cost of
61     processing a nonresident application.
62          (c) The bureau shall waive the initial fee for an applicant who is a law enforcement
63     officer under Section 53-13-103.
64          (d) Concealed firearm permit renewal fees for active duty service members and the
65     spouse of an active duty service member shall be waived.
66          (2) The renewal fee for the permit is [$15] $20.
67          (3) The replacement fee for the permit is $10.
68          (4) (a) The late fee for the renewal permit is $7.50.
69          (b) As used in this section, "late fee" means the fee charged by the bureau for a renewal
70     submitted on a permit that has been expired for more than 30 days but less than one year.
71          (5) (a) There is created a restricted account within the General Fund known as the
72     "Concealed Weapons Account."
73          (b) The account shall be funded from fees collected under this section and Section
74     53-5-707.5.
75          (c) Funds in the account shall be used to cover costs relating to the issuance of
76     concealed firearm permits under this part and may not be used for any other purpose.
77          (6) (a) The bureau may collect any fees charged by an outside agency for additional
78     services required by statute as a prerequisite for issuance of a permit.
79          [(b) The bureau may modify the fee under Subsection (1)(a) by adjusting that fee so
80     that the total of the fee under Subsection (1)(a) and the fee under Subsection (6)(a) is the
81     nearest even dollar amount to that total.]
82          [(c)] (b) The bureau shall promptly forward any fees collected under Subsection (6)(a)
83     to the appropriate agency.
84          (7) The bureau shall make an annual report in writing to the Legislature's Law
85     Enforcement and Criminal Justice Interim Committee on the amount and use of the fees
86     collected under this section and Section 53-5-707.5.
87          Section 3. Section 53-5-707.5 is amended to read:
88          53-5-707.5. Provisional concealed firearm permit -- Fees -- Disposition of fees.
89          (1) (a) An applicant for a provisional concealed firearm permit, as described in Section
90     53-5-704.5, shall pay a fee of [$24.75] $20 at the time of filing an application.
91          (b) A nonresident applicant shall pay an additional $10 for the additional cost of
92     processing a nonresident application.
93          (2) The replacement fee for the permit is $10.
94          (3) Fees collected under this section shall be remitted to the Concealed Weapons
95     Account, as described in Subsection 53-5-707(5).
96          (4) (a) The bureau may collect any fees charged by an outside agency for additional
97     services required by statute as a prerequisite for issuance of a permit.
98          [(b) The bureau may modify the fee under Subsection (1)(a) by adjusting that fee so
99     that the total of the fee under Subsection (1)(a) and the fee under Subsection (4)(a) is the
100     nearest even dollar amount to that total.]
101          [(c)] (b) The bureau shall promptly forward any fees collected under Subsection (4)(a)
102     to the appropriate agency.
103          Section 4. Section 53-10-108 is amended to read:
104          53-10-108. Restrictions on access, use, and contents of division records -- Limited
105     use of records for employment purposes -- Challenging accuracy of records -- Usage fees
106     -- Missing children records -- Penalty for misuse of records.
107          (1) As used in this section:
108          (a) "FBI Rap Back System" means the rap back system maintained by the Federal
109     Bureau of Investigation.
110          (b) "Rap back system" means a system that enables authorized entities to receive
111     ongoing status notifications of any criminal history reported on individuals whose fingerprints
112     are registered in the system.
113          (c) "WIN Database" means the Western Identification Network Database that consists
114     of eight western states sharing one electronic fingerprint database.
115          (2) Dissemination of information from a criminal history record or warrant of arrest
116     information from division files is limited to:
117          (a) criminal justice agencies for purposes of administration of criminal justice and for
118     employment screening by criminal justice agencies;
119          (b) noncriminal justice agencies or individuals for any purpose authorized by statute,
120     executive order, court rule, court order, or local ordinance;
121          (c) agencies or individuals for the purpose of obtaining required clearances connected
122     with foreign travel or obtaining citizenship;
123          (d) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
124     agency to provide services required for the administration of criminal justice; and
125          (ii) the agreement shall specifically authorize access to data, limit the use of the data to
126     purposes for which given, and ensure the security and confidentiality of the data;
127          (e) agencies or individuals for the purpose of a preplacement adoptive study, in
128     accordance with the requirements of Sections 78B-6-128 and 78B-6-130;
129          (f) (i) agencies and individuals as the commissioner authorizes for the express purpose
130     of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice
131     agency; and
132          (ii) private security agencies through guidelines established by the commissioner for
133     employment background checks for their own employees and prospective employees;
134          (g) a qualifying entity for employment background checks for their own employees and
135     persons who have applied for employment with the qualifying entity; and
136          (h) other agencies and individuals as the commissioner authorizes and finds necessary
137     for protection of life and property and for offender identification, apprehension, and
138     prosecution pursuant to an agreement.
139          (3) An agreement under Subsection (2)(f) or (2)(h) shall specifically authorize access
140     to data, limit the use of data to research, evaluative, or statistical purposes, preserve the
141     anonymity of individuals to whom the information relates, and ensure the confidentiality and
142     security of the data.
143          (4) (a) Before requesting information under Subsection (2)(g), a qualifying entity must
144     obtain a signed waiver from the person whose information is requested.
145          (b) The waiver must notify the signee:
146          (i) that a criminal history background check will be conducted;
147          (ii) who will see the information; and
148          (iii) how the information will be used.
149          (c) Information received by a qualifying entity under Subsection (2)(g) may only be:
150          (i) available to persons involved in the hiring or background investigation of the
151     employee; and
152          (ii) used for the purpose of assisting in making an employment or promotion decision.
153          (d) A person who disseminates or uses information obtained from the division under
154     Subsection (2)(g) for purposes other than those specified under Subsection (4)(c), in addition to
155     any penalties provided under this section, is subject to civil liability.
156          (e) A qualifying entity that obtains information under Subsection (2)(g) shall provide
157     the employee or employment applicant an opportunity to:
158          (i) review the information received as provided under Subsection (9); and
159          (ii) respond to any information received.
160          (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
161     division may make rules to implement this Subsection (4).
162          (g) The division or its employees are not liable for defamation, invasion of privacy,
163     negligence, or any other claim in connection with the contents of information disseminated
164     under Subsection (2)(g).
165          (5) (a) Any criminal history record information obtained from division files may be
166     used only for the purposes for which it was provided and may not be further disseminated,
167     except under Subsection (5)(b), (c), or (d).
168          (b) A criminal history provided to an agency pursuant to Subsection (2)(e) may be
169     provided by the agency to the person who is the subject of the history, another licensed
170     child-placing agency, or the attorney for the adoptive parents for the purpose of facilitating an
171     adoption.
172          (c) A criminal history of a defendant provided to a criminal justice agency under
173     Subsection (2)(a) may also be provided by the prosecutor to a defendant's defense counsel,
174     upon request during the discovery process, for the purpose of establishing a defense in a
175     criminal case.
176          (d) A public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
177     Transit District Act, that is under contract with a state agency to provide services may, for the
178     purposes of complying with Subsection 62A-5-103.5(5), provide a criminal history record to
179     the state agency or the agency's designee.
180          (6) The division may not disseminate criminal history record information to qualifying
181     entities under Subsection (2)(g) regarding employment background checks if the information is
182     related to charges:
183          (a) that have been declined for prosecution;
184          (b) that have been dismissed; or
185          (c) regarding which a person has been acquitted.
186          (7) (a) This section does not preclude the use of the division's central computing
187     facilities for the storage and retrieval of criminal history record information.
188          (b) This information shall be stored so it cannot be modified, destroyed, or accessed by
189     unauthorized agencies or individuals.
190          (8) Direct access through remote computer terminals to criminal history record
191     information in the division's files is limited to those agencies authorized by the commissioner
192     under procedures designed to prevent unauthorized access to this information.
193          (9) (a) The commissioner shall establish procedures to allow an individual right of
194     access to review and receive a copy of the individual's criminal history report.
195          (b) A processing fee for the right of access service, including obtaining a copy of the
196     individual's criminal history report under Subsection (9)(a) is $15. This fee remains in effect
197     until changed by the commissioner through the process under Section 63J-1-504.
198          (c) (i) The commissioner shall establish procedures for an individual to challenge the
199     completeness and accuracy of criminal history record information contained in the division's
200     computerized criminal history files regarding that individual.
201          (ii) These procedures shall include provisions for amending any information found to
202     be inaccurate or incomplete.
203          (10) The private security agencies as provided in Subsection (2)(f)(ii):
204          (a) shall be charged for access; and
205          (b) shall be registered with the division according to rules made by the division under
206     Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
207          (11) Before providing information requested under this section, the division shall give
208     priority to criminal justice agencies needs.
209          (12) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,
210     use, disclose, or disseminate a record created, maintained, or to which access is granted by the
211     division or any information contained in a record created, maintained, or to which access is
212     granted by the division for a purpose prohibited or not permitted by statute, rule, regulation, or
213     policy of a governmental entity.
214          (b) A person who discovers or becomes aware of any unauthorized use of records
215     created or maintained, or to which access is granted by the division shall inform the
216     commissioner and the director of the Utah Bureau of Criminal Identification of the
217     unauthorized use.
218          (13) (a) Subject to Subsection (13)(b), a qualifying entity or an entity described in
219     Subsection (2)(b) may request that the division register fingerprints taken for the purpose of
220     conducting current and future criminal background checks under this section with:
221          (i) the WIN Database rap back system, or any successor system;
222          (ii) the FBI Rap Back System; or
223          (iii) a system maintained by the division.
224          (b) A qualifying entity or an entity described in Subsection (2)(b) may only make a
225     request under Subsection (13)(a) if the entity:
226          (i) has the authority through state or federal statute or federal executive order;
227          (ii) obtains a signed waiver from the individual whose fingerprints are being registered;
228     and
229          (iii) establishes a privacy risk mitigation strategy to ensure that the entity only receives
230     notifications for individuals with whom the entity maintains an authorizing relationship.
231          (14) The division is authorized to submit fingerprints to the FBI Rap Back System to
232     be retained in the FBI Rap Back System for the purpose of being searched by future
233     submissions to the FBI Rap Back System, including latent fingerprint searches.
234          (15) (a) [(i)] The fee for a non-criminal justice applicant:
235          (i) fingerprint card [fee under Subsection (2) is $20.] is $15; and
236          (ii) [The] name check [fee under Subsection (2)] is $15.
237          [(iii)] (b) The fee to register fingerprints under Subsection (13)(a)(i) is $5.
238          [(iv)] (c) The fees described in this Subsection (15)[(a)] remain in effect until changed
239     by the division through the process under Section 63J-1-504.
240          [(b)] (d) Funds generated under this Subsection (15) shall be deposited into the General
241     Fund as a dedicated credit by the department to cover the costs incurred in providing the
242     information.
243          [(c)] (e) The division may collect fees charged by an outside agency for services
244     required under this section.
245          Section 5. Section 53-10-202 is amended to read:
246          53-10-202. Criminal identification -- Duties of bureau.
247          The bureau shall:
248          (1) procure and file information relating to identification and activities of persons who:
249          (a) are fugitives from justice;
250          (b) are wanted or missing;
251          (c) have been arrested for or convicted of a crime under the laws of any state or nation;
252     and
253          (d) are believed to be involved in racketeering, organized crime, or a dangerous
254     offense;
255          (2) establish a statewide uniform crime reporting system that shall include:
256          (a) statistics concerning general categories of criminal activities;
257          (b) statistics concerning crimes that exhibit evidence of prejudice based on race,
258     religion, ancestry, national origin, ethnicity, or other categories that the division finds
259     appropriate; and
260          (c) other statistics as required by the Federal Bureau of Investigation;
261          (3) make a complete and systematic record and index of the information obtained
262     under this part;
263          (4) subject to the restrictions in this part, establish policy concerning the use and
264     dissemination of data obtained under this part;
265          (5) publish an annual report concerning the extent, fluctuation, distribution, and nature
266     of crime in Utah;
267          (6) establish a statewide central register for the identification and location of missing
268     persons, which may include:
269          (a) identifying data including fingerprints of each missing person;
270          (b) identifying data of any missing person who is reported as missing to a law
271     enforcement agency having jurisdiction;
272          (c) dates and circumstances of any persons requesting or receiving information from
273     the register; and
274          (d) any other information, including blood types and photographs found necessary in
275     furthering the purposes of this part;
276          (7) publish a quarterly directory of missing persons for distribution to persons or
277     entities likely to be instrumental in the identification and location of missing persons;
278          (8) list the name of every missing person with the appropriate nationally maintained
279     missing persons lists;
280          (9) establish and operate a 24-hour communication network for reports of missing
281     persons and reports of sightings of missing persons;
282          (10) coordinate with the National Center for Missing and Exploited Children and other
283     agencies to facilitate the identification and location of missing persons and the identification of
284     unidentified persons and bodies;
285          (11) receive information regarding missing persons, as provided in Sections 26-2-27
286     and 53A-11-502, and stolen vehicles, vessels, and outboard motors, as provided in Section
287     41-1a-1401;
288          (12) adopt systems of identification, including the fingerprint system, to be used by the
289     division to facilitate law enforcement;
290          (13) assign a distinguishing number or mark of identification to any pistol or revolver,
291     as provided in Section 76-10-520;
292          (14) check certain criminal records databases for information regarding motor vehicle
293     salesperson applicants, maintain a separate file of fingerprints for motor vehicle salespersons,
294     and inform the Motor Vehicle Enforcement Division when new entries are made for certain
295     criminal offenses for motor vehicle salespersons in accordance with the requirements of
296     Section 41-3-205.5;
297          (15) check certain criminal records databases for information regarding driving
298     privilege card applicants or cardholders and maintain a separate file of fingerprints for driving
299     privilege applicants and cardholders and inform the federal Immigration and Customs
300     Enforcement Agency of the United States Department of Homeland Security when new entries
301     are made in accordance with the requirements of Section 53-3-205.5.
302          (16) review and approve or disapprove applications for license renewal that meet the
303     requirements for renewal;
304          (17) forward to the board those applications for renewal under Subsection (16) that do
305     not meet the requirements for renewal; [and]
306          (18) within funds appropriated by the Legislature for the purpose, implement and
307     manage the operation of firearm safety and suicide prevention education programs, in
308     conjunction with the state suicide prevention coordinator, as described in this section and
309     Section 62A-15-1101, including:
310          (a) coordinating with the Department of Health, local mental health and substance
311     abuse authorities, a nonprofit behavioral health advocacy group, and a representative from a
312     Utah-based nonprofit organization with expertise in the field of firearm use and safety that
313     represents firearm owners, to:
314          (i) produce a firearm safety brochure with information about the safe handling and use
315     of firearms that includes:
316          (A) rules for safe handling, storage, and use of firearms in a home environment;
317          (B) information about at-risk individuals and individuals who are legally prohibited
318     from possessing firearms;
319          (C) information about suicide prevention and awareness; and
320          (D) information about the availability of firearm safety packets;
321          (ii) procure cable-style gun locks for distribution pursuant to this section;
322          (iii) produce a firearm safety packet that includes both the firearm safety brochure
323     described in Subsection (18)(a)(i) and the cable-style gun lock described in Subsection
324     (18)(a)(ii); and
325          (iv) create a suicide prevention education course that:
326          (A) provides information that includes posters for display and pamphlets or brochures
327     for distribution regarding firearm safety education;
328          (B) incorporates current information on how to recognize suicidal behaviors and
329     identify persons who may be suicidal;
330          (C) provides information regarding crisis intervention resources; and
331          (D) provides continuing education in the area of suicide prevention;
332          (b) distributing, free of charge, the firearm safety packet to the following persons, who
333     shall make the firearm safety packet available free of charge:
334          (i) health care providers, including emergency rooms;
335          (ii) mental health practitioners;
336          (iii) other public health suicide prevention organizations;
337          (iv) entities that teach firearm safety courses; and
338          (v) school districts for use in the seminar, described in Section 53A-15-1302, for
339     parents of students in the school district;
340          (c) creating and administering a redeemable coupon program described in this section
341     and Section 76-10-526, that may include:
342          (i) producing a redeemable coupon that offers between $10 and $200 off the purchase
343     of a gun safe from a participating federally licensed firearms dealer, as defined in Section
344     76-10-501, by a Utah resident who has filed an application for a concealed firearm permit;
345          (ii) advertising the redeemable coupon program to all federally licensed firearms
346     dealers and maintaining a list of dealers who wish to participate in the program;
347          (iii) printing or writing the name of a Utah resident who has filed an application for a
348     concealed firearm permit on the redeemable coupon;
349          (iv) mailing the redeemable coupon and the firearm safety brochure to Utah residents
350     who have filed an application for a concealed firearm permit; and
351          (v) collecting from the participating dealers receipts described in Section 76-10-526
352     and reimbursing the dealers;
353          (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
354     making rules that establish procedures for:
355          (i) producing and distributing the firearm safety brochures and packets;
356          (ii) procuring the cable-style gun locks for distribution; and
357          (iii) administering the redeemable coupon program; and
358          (e) reporting to the Law Enforcement and Criminal Justice Interim Committee
359     regarding implementation and success of the firearm safety program:
360          (i) during the 2016 interim, before November 1; and
361          (ii) during the 2018 interim, before June 1[.]; and
362          (19) regularly and timely provide to the United States attorney general, for inclusion in
363     the National Instant Criminal Background Check System, identifying information on persons
364     who, by reason of adjudication by the state, are disqualified from possessing or receiving a
365     firearm under Section 76-10-503 or federal law.
366          Section 6. Section 53-10-202.5 is amended to read:
367          53-10-202.5. Bureau services -- Fees.
368          The bureau shall collect fees for the following services:
369          (1) [applicant] fingerprint card as determined by Section 53-10-108;
370          (2) bail enforcement licensing as determined by Section 53-11-115;
371          (3) concealed firearm permit as determined by Section 53-5-707;
372          (4) provisional concealed firearm permit as determined by Section 53-5-707.5;
373          (5) application for and issuance of a certificate of eligibility for expungement as
374     determined by Section 77-40-106;
375          [(6) firearm purchase background check as determined by Section 76-10-526;]
376          [(7)] (6) name check as determined by Section 53-10-108;
377          [(8)] (7) private investigator licensing as determined by Section 53-9-111; and
378          [(9)] (8) right of access as determined by Section 53-10-108.
379          Section 7. Section 76-10-526 is amended to read:
380          76-10-526. Criminal background check prior to purchase of a firearm.
381          (1) For purposes of this section, "valid permit to carry a concealed firearm" does not
382     include a temporary permit issued under Section 53-5-705.
383          (2) (a) To establish personal identification and residence in this state for purposes of
384     this part, a dealer shall require an individual receiving a firearm to present one photo
385     identification on a form issued by a governmental agency of the state.
386          (b) A dealer may not accept a driving privilege card issued under Section 53-3-207 as
387     proof of identification for the purpose of establishing personal identification and residence in
388     this state as required under this Subsection (2).
389          [(3) (a) A criminal history background check is required for the sale of a firearm by a
390     licensed firearm dealer in the state.]
391          (3) A dealer may not sell or transfer a firearm to an individual until the dealer has
392     conducted a background check of the individual in accordance with 27 C.F.R. Sec. 478.102.
393          [(b)] (4) Subsection (3)[(a)] does not apply to the sale or transfer of a firearm to:
394          (a) a Federal Firearms Licensee[.]; or
395          (b) an individual with a concealed firearm permit issued under Title 53, Chapter 5, Part
396     7, Concealed Firearm Act, if:
397          (i) the individual presents the individual's concealed firearm permit to the dealer prior
398     to purchase of the firearm; and
399          (ii) the dealer verifies with the bureau that the individual's concealed firearm permit is
400     valid.
401          [(4) (a) An individual purchasing a firearm from a dealer shall consent in writing to a
402     criminal background check, on a form provided by the bureau.]
403          [(b) The form shall contain the following information:]
404          [(i) the dealer identification number;]
405          [(ii) the name and address of the individual receiving the firearm;]
406          [(iii) the date of birth, height, weight, eye color, and hair color of the individual
407     receiving the firearm; and]
408          [(iv) the Social Security number or any other identification number of the individual
409     receiving the firearm.]
410          [(5) (a) The dealer shall send the information required by Subsection (4) to the bureau
411     immediately upon its receipt by the dealer.]
412          [(b) A dealer may not sell or transfer a firearm to an individual until the dealer has
413     provided the bureau with the information in Subsection (4) and has received approval from the
414     bureau under Subsection (7).]
415          [(6) The dealer shall make a request for criminal history background information by
416     telephone or other electronic means to the bureau and shall receive approval or denial of the
417     inquiry by telephone or other electronic means.]
418          [(7) When the dealer calls for or requests a criminal history background check, the
419     bureau shall:]
420          [(a) review the criminal history files, including juvenile court records, to determine if
421     the individual is prohibited from purchasing, possessing, or transferring a firearm by state or
422     federal law;]
423          [(b) inform the dealer that:]
424          [(i) the records indicate the individual is prohibited; or]
425          [(ii) the individual is approved for purchasing, possessing, or transferring a firearm;]
426          [(c) provide the dealer with a unique transaction number for that inquiry; and]
427          [(d) provide a response to the requesting dealer during the call for a criminal
428     background check, or by return call, or other electronic means, without delay, except in case of
429     electronic failure or other circumstances beyond the control of the bureau, the bureau shall
430     advise the dealer of the reason for the delay and give the dealer an estimate of the length of the
431     delay.]
432          [(8) (a) The bureau may not maintain any records of the criminal history background
433     check longer than 20 days from the date of the dealer's request, if the bureau determines that
434     the individual receiving the firearm is not prohibited from purchasing, possessing, or
435     transferring the firearm under state or federal law.]
436          [(b) However, the bureau shall maintain a log of requests containing the dealer's federal
437     firearms number, the transaction number, and the transaction date for a period of 12 months.]
438          [(9) If the criminal history background check discloses information indicating that the
439     individual attempting to purchase the firearm is prohibited from purchasing, possessing, or
440     transferring a firearm, the bureau shall inform the law enforcement agency in the jurisdiction
441     where the individual resides.]
442          [(10) If an individual is denied the right to purchase a firearm under this section, the
443     individual may review the individual's criminal history information and may challenge or
444     amend the information as provided in Section 53-10-108.]
445          [(11) The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah
446     Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all
447     records provided by the bureau under this part are in conformance with the requirements of the
448     Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).]
449          [(12) (a) (i) A dealer shall collect a criminal history background check fee of $7.50 for
450     the sale of a firearm under this section.]
451          [(ii) This fee remains in effect until changed by the bureau through the process under
452     Section 63J-1-504.]
453          [(b) (i) The dealer shall forward at one time all fees collected for criminal history
454     background checks performed during the month to the bureau by the last day of the month
455     following the sale of a firearm.]
456          [(ii) The bureau shall deposit the fees in the General Fund as dedicated credits to cover
457     the cost of administering and conducting the criminal history background check program.]
458          [(13) An individual with a concealed firearm permit issued under Title 53, Chapter 5,
459     Part 7, Concealed Firearm Act, is exempt from the background check and corresponding fee
460     required in this section for the purchase of a firearm if:]
461          [(a) the individual presents the individual's concealed firearm permit to the dealer prior
462     to purchase of the firearm; and]
463          [(b) the dealer verifies with the bureau that the individual's concealed firearm permit is
464     valid.]
465          [(14) A law enforcement officer, as defined in Section 53-13-103, is exempt from the
466     background check fee required in this section for the purchase of a personal firearm to be
467     carried while off-duty if the law enforcement officer verifies current employment by providing
468     a letter of good standing from the officer's commanding officer and current law enforcement
469     photo identification. This section may only be used by a law enforcement officer to purchase a
470     personal firearm once in a 24-month period.]
471          [(15)] (5) (a) A dealer may participate in the redeemable coupon program described in
472     this Subsection [(15)] (5) and Subsection 53-10-202(18).
473          (b) A participating dealer shall:
474          (i) accept the redeemable coupon only from the individual whose name is on the
475     coupon and apply it only toward the purchase of a gun safe;
476          (ii) collect the receipts from the purchase of gun safes using the redeemable coupon
477     and send them to the Bureau of Criminal Identification for redemption; and
478          (iii) make the firearm safety brochure described in Subsection 53-10-202(18) available
479     to customers free of charge.




Legislative Review Note
Office of Legislative Research and General Counsel