Senator David P. Hinkins proposes the following substitute bill:




Chief Sponsor: Walt Brooks

Senate Sponsor: David P. Hinkins

6     Cosponsors:
7     Nelson T. Abbott
8     Cheryl K. Acton
9     Carl R. Albrecht
10     Kera Birkeland
11     Jefferson S. Burton
12     Steve R. Christiansen
13     Kay J. Christofferson
14     Joel Ferry
15     Francis D. Gibson
16     Matthew H. Gwynn
17     Dan N. Johnson
Marsha Judkins
Bradley G. Last
Karianne Lisonbee
Phil Lyman
A. Cory Maloy
Jefferson Moss
Michael J. Petersen
Val L. Peterson
Candice B. Pierucci
Paul Ray
Adam Robertson
Mike Schultz
Travis M. Seegmiller
Rex P. Shipp
Casey Snider
V. Lowry Snow
Robert M. Spendlove
Jeffrey D. Stenquist
Keven J. Stratton
Mark A. Strong
Jordan D. Teuscher
Christine F. Watkins
Ryan D. Wilcox
Mike Winder

20     General Description:
21          This bill modifies provisions related to carrying a concealed firearm and suicide
22     prevention.
23     Highlighted Provisions:

24          This bill:
25          ▸     provides that an individual who is 21 years old or older, and may lawfully possess a
26     firearm, may carry a concealed firearm in a public area without a permit;
27          ▸     provides for the transfer of unused funds in the Concealed Weapons Account to the
28     Division of Substance Abuse and Mental Health for suicide prevention efforts; and
29          ▸     creates the Suicide Prevention and Education Fund within the division for suicide
30     prevention efforts.
31     Money Appropriated in this Bill:
32          None
33     Other Special Clauses:
34          None
35     Utah Code Sections Affected:
36     AMENDS:
37          53-5-707, as last amended by Laws of Utah 2019, Chapter 440
38          76-10-504, as last amended by Laws of Utah 2015, Chapter 406
39          76-10-505, as last amended by Laws of Utah 2009, Chapter 362
40          76-10-523, as last amended by Laws of Utah 2019, Chapters 39, 375, and 458
41     ENACTS:
42          62A-15-1104, Utah Code Annotated 1953

44     Be it enacted by the Legislature of the state of Utah:
45          Section 1. Section 53-5-707 is amended to read:
46          53-5-707. Concealed firearm permit -- Fees -- Concealed Weapons Account.
47          (1) (a) An applicant for a concealed firearm permit shall pay a fee of $25 at the time of
48     filing an application.
49          (b) A nonresident applicant shall pay an additional $10 for the additional cost of
50     processing a nonresident application.
51          (c) The bureau shall waive the initial fee for an applicant who is a law enforcement
52     officer under Section 53-13-103.
53          (d) Concealed firearm permit renewal fees for active duty service members and the
54     spouse of an active duty service member shall be waived.

55          (2) The renewal fee for the permit is $20. A nonresident shall pay an additional $5 for
56     the additional cost of processing a nonresidential renewal.
57          (3) The replacement fee for the permit is $10.
58          (4) (a) The late fee for the renewal permit is $7.50.
59          (b) As used in this section, "late fee" means the fee charged by the bureau for a renewal
60     submitted on a permit that has been expired for more than 30 days but less than one year.
61          (5) (a) There is created a restricted account within the General Fund known as the
62     "Concealed Weapons Account."
63          (b) The account shall be funded from fees collected under this section and Section
64     53-5-707.5.
65          (c) Funds in the account may only be used to cover costs relating to:
66          (i) the issuance of concealed firearm permits under this part; or
67          (ii) the programs described in Subsections 62A-15-103(3) and 76-10-526(15) and
68     Section 62A-15-1101.
69          (d) No later than 90 days after the end of the fiscal year 50% of the fund balance shall
70     be transferred to the Suicide Prevention and Education Fund, created in Section 62A-15-1104.
71          (6) (a) The bureau may collect any fees charged by an outside agency for additional
72     services required by statute as a prerequisite for issuance of a permit.
73          (b) The bureau shall promptly forward any fees collected under Subsection (6)(a) to the
74     appropriate agency.
75          (7) The bureau shall make an annual report in writing to the Legislature's Law
76     Enforcement and Criminal Justice Interim Committee on the amount and use of the fees
77     collected under this section and Section 53-5-707.5.
78          Section 2. Section 62A-15-1104 is enacted to read:
79          62A-15-1103. Suicide Prevention and Education Fund.
80          (1) There is created an expendable special revenue fund known as the Suicide
81     Prevention and Education Fund.
82          (2) The fund shall consist of funds transferred from the Concealed Weapons Account
83     in accordance with Subsection 53-5-707(5)(d).
84          (3) Money in the fund shall be used for suicide prevention efforts that include a focus
85     on firearm safety as related to suicide prevention.

86          (4) The division shall establish a process by rule in accordance with Title 63G, Chapter
87     3, Utah Administrative Rulemaking Act, for the expenditure of money from the fund.
88          (5) The division shall make an annual report to the Legislature regarding the status of
89     the fund, including a report detailing amounts received, expenditures made, and programs and
90     services funded.
91          Section 3. Section 76-10-504 is amended to read:
92          76-10-504. Carrying concealed firearm -- Penalties.
93          (1) Except as provided in [Section] Sections 76-10-503 and 76-10-523 and in
94     Subsections (2), (3), and (4), a person who carries a concealed firearm, as defined in Section
95     76-10-501, including an unloaded firearm on his or her person or one that is readily accessible
96     for immediate use which is not securely encased, as defined in this part, in or on a place other
97     than the person's residence, property, a vehicle in the person's lawful possession, or a vehicle,
98     with the consent of the individual who is lawfully in possession of the vehicle, or business
99     under the person's control is guilty of a class B misdemeanor.
100          (2) A person who carries a concealed firearm that is a loaded firearm in violation of
101     Subsection (1) is guilty of a class A misdemeanor.
102          (3) A person who carries concealed an unlawfully possessed short barreled shotgun or
103     a short barreled rifle is guilty of a second degree felony.
104          (4) If the concealed firearm is used in the commission of a violent felony as defined in
105     Section 76-3-203.5, and the person is a party to the offense, the person is guilty of a second
106     degree felony.
107          (5) Nothing in Subsection (1) or (2) prohibits a person engaged in the lawful taking of
108     protected or unprotected wildlife as defined in Title 23, Wildlife Resources Code of Utah, from
109     carrying a concealed firearm as long as the taking of wildlife does not occur:
110          (a) within the limits of a municipality in violation of that municipality's ordinances; or
111          (b) upon the highways of the state as defined in Section 41-6a-102.
112          Section 4. Section 76-10-505 is amended to read:
113          76-10-505. Carrying loaded firearm in vehicle or on street.
114          (1) Unless otherwise authorized by law, a person may not carry a loaded firearm:
115          (a) in or on a vehicle, unless:
116          (i) the vehicle is in the person's lawful possession; or

117          (ii) the person is carrying the loaded firearm in a vehicle with the consent of the person
118     lawfully in possession of the vehicle;
119          (b) on a public street; or
120          (c) in a posted prohibited area.
121          (2) Subsection (1)(a) does not apply to a minor under 18 years of age, since a minor
122     under 18 years of age may not carry a loaded firearm in or on a vehicle.
123          (3) Notwithstanding [Subsection] Subsections (1)(a)(i) and (ii), and Subsection
124     73-10-523(5), a person may not possess a loaded rifle, shotgun, or muzzle-loading rifle in a
125     vehicle.
126          (4) A violation of this section is a class B misdemeanor.
127          Section 5. Section 76-10-523 is amended to read:
128          76-10-523. Persons exempt from weapons laws.
129          (1) Except for Sections 76-10-506, 76-10-508, and 76-10-508.1, this part and Title 53,
130     Chapter 5, Part 7, Concealed Firearm Act, do not apply to any of the following:
131          (a) a United States marshal;
132          (b) a federal official required to carry a firearm;
133          (c) a peace officer of this or any other jurisdiction;
134          (d) a law enforcement official as defined and qualified under Section 53-5-711;
135          (e) a judge as defined and qualified under Section 53-5-711;
136          (f) a court commissioner as defined and qualified under Section 53-5-711; or
137          (g) a common carrier while engaged in the regular and ordinary transport of firearms as
138     merchandise.
139          (2) Notwithstanding Subsection (1), the provisions of Section 76-10-528 apply to any
140     individual listed in Subsection (1) who is not employed by a state or federal agency or political
141     subdivision that has adopted a policy or rule regarding the use of dangerous weapons.
142          (3) Subsections 76-10-504(1) and (2), and Section 76-10-505 do not apply to:
143          (a) an individual to whom a permit to carry a concealed firearm has been issued:
144          (i) pursuant to Section 53-5-704; or
145          (ii) by another state or county; or
146          (b) a person who is issued a protective order under Subsection 78B-7-603(1)(b) or
147     78B-7-404(1)(b), unless the person is a restricted person as described in Subsection

148     76-10-503(1), for a period of 120 days after the day on which the person is issued the
149     protective order.
150          (4) Except for Sections 76-10-503, 76-10-506, 76-10-508, and 76-10-508.1, this part
151     and Title 53, Chapter 5, Part 7, Concealed Firearm Act, do not apply to a nonresident traveling
152     in or though the state, provided that any firearm is:
153          (a) unloaded; and
154          (b) securely encased as defined in Section 76-10-501.
155          (5) Subsections 76-10-504(1) and (2), and 76-10-505(1)(b) do not apply to a person 21
156     years old or older who may otherwise lawfully possess a firearm.