Chief Sponsor: Kelly B. Miles

Senate Sponsor: David G. Buxton


8     General Description:
9          This bill amends provisions relating to individuals exempt from certain firearm laws.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that a court commissioner is exempt from certain firearm laws if the
13     commissioner completes the required training; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          53-5-711, as last amended by Laws of Utah 2014, Chapter 146

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 53-5-711 is amended to read:
25          53-5-711. Law enforcement officials and judges -- Training requirements --
26     Qualification -- Revocation.
27          (1) For purposes of this section and Section 76-10-523:

28          (a) (i) "Judge" means a judge or justice of a court of record or court not of record, [but]
29     or a court commissioner.
30          (ii) "Judge" does not include a judge pro tem or senior judge.
31          (b) "Law enforcement official of this state" means:
32          (i) a member of the Board of Pardons and Parole;
33          (ii) a district attorney, deputy district attorney, county attorney or deputy county
34     attorney of a county not in a prosecution district;
35          (iii) the attorney general;
36          (iv) an assistant attorney general designated as a criminal prosecutor; or
37          (v) a city attorney or a deputy city attorney designated as a criminal prosecutor.
38          (2) To qualify for an exemption in Section 76-10-523, a law enforcement official or
39     judge shall complete the following training requirements:
40          (a) meet the requirements of Sections 53-5-704, 53-5-706, and 53-5-707; and
41          (b) successfully complete an additional course of training as established by the
42     commissioner of public safety designed to assist them while carrying out their official law
43     enforcement and judicial duties as agents for the state or its political subdivisions.
44          (3) Annual requalification requirements for law enforcement officials and judges shall
45     be established by the commissioner of public safety. Additional requalification requirements
46     may be established by the:
47          (a) Board of Pardons and Parole by rule for its members;
48          (b) Judicial Council by rule for judges; and
49          (c) the district attorney, county attorney in a county not in a prosecution district, the
50     attorney general, or city attorney by policy for prosecutors under their jurisdiction.
51          (4) The bureau may:
52          (a) issue a certificate of qualification to a judge or law enforcement official who has
53     completed the requirements of Subsection (2), which certificate of qualification is valid until
54     revoked;
55          (b) revoke the certificate of qualification of a judge or law enforcement official who:
56          (i) fails to meet the annual requalification criteria established pursuant to Subsection
57     (3);
58          (ii) would be subject to revocation of a concealed firearm permit under Subsection

59     53-5-704(2)(a); or
60          (iii) is no longer employed as a judge or law enforcement official as defined in
61     Subsection (1); and
62          (c) certify instructors for the training requirements of this section.

Legislative Review Note
Office of Legislative Research and General Counsel