1     
VOLUNTARY LETHAL MEANS RESTRICTIONS

2     
AMENDMENTS

3     
2021 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Steve Eliason

6     
Senate Sponsor: Michael S. Kennedy

7     

8     LONG TITLE
9     General Description:
10          This bill creates a voluntary process for an individual to restrict the individual's ability
11     to purchase a firearm.
12     Highlighted Provisions:
13          This bill:
14          ▸     requires the Bureau of Criminal Identification to create a process and forms to allow
15     a non-restricted individual to voluntarily become a restricted individual for a limited
16     period of time;
17          ▸     requires the individual to acknowledge the consequences of the restrictions;
18          ▸     allows the individual to request removal after 30 days;
19          ▸     requires the law enforcement agency and bureau to destroy all records after an
20     individual is removed from the voluntary restricted list; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:

28          53-5-704, as last amended by Laws of Utah 2013, Chapter 280
29          53-5c-102, as enacted by Laws of Utah 2013, Chapter 188
30          76-10-526, as last amended by Laws of Utah 2019, Chapters 386 and 440
31     ENACTS:
32          53-5c-301, Utah Code Annotated 1953
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 53-5-704 is amended to read:
36          53-5-704. Bureau duties -- Permit to carry concealed firearm -- Certification for
37     concealed firearms instructor -- Requirements for issuance -- Violation -- Denial,
38     suspension, or revocation -- Appeal procedure.
39          (1) (a) The bureau shall issue a permit to carry a concealed firearm for lawful self
40     defense to an applicant who is 21 years of age or older within 60 days after receiving an
41     application, unless the bureau finds proof that the applicant does not meet the qualifications set
42     forth in Subsection (2).
43          (b) The permit is valid throughout the state for five years, without restriction, except as
44     otherwise provided by Section 53-5-710.
45          (c) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not
46     apply to a person issued a permit under Subsection (1)(a).
47          (d) Subsection (4)(a) does not apply to a nonresident:
48          (i) active duty service member, who [present] presents to the bureau orders requiring
49     the active duty service member to report for duty in this state; or
50          (ii) an active duty service member's spouse, stationed with the active duty service
51     member, who presents to the bureau the active duty service member's orders requiring the
52     service member to report for duty in this state.
53          (2) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if the
54     applicant or permit holder:
55          (i) has been or is convicted of a felony;
56          (ii) has been or is convicted of a crime of violence;
57          (iii) has been or is convicted of an offense involving the use of alcohol;
58          (iv) has been or is convicted of an offense involving the unlawful use of narcotics or

59     other controlled substances;
60          (v) has been or is convicted of an offense involving moral turpitude;
61          (vi) has been or is convicted of an offense involving domestic violence;
62          (vii) has been or is adjudicated by a state or federal court as mentally incompetent,
63     unless the adjudication has been withdrawn or reversed; and
64          (viii) is not qualified to purchase and possess a firearm pursuant to Section 76-10-503
65     and federal law.
66          (b) In determining whether an applicant or permit holder meets the qualifications set
67     forth in Subsection (2)(a), the bureau shall consider mitigating circumstances.
68          (3) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if it has
69     reasonable cause to believe that the applicant or permit holder has been or is a danger to self or
70     others as demonstrated by evidence, including:
71          (i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
72          (ii) past participation in incidents involving unlawful violence or threats of unlawful
73     violence; or
74          (iii) conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons.
75          (b) The bureau may not deny, suspend, or revoke a concealed firearm permit solely for
76     a single conviction of an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
77          (c) In determining whether the applicant or permit holder has been or is a danger to self
78     or others, the bureau may inspect:
79          (i) expunged records of arrests and convictions of adults as provided in Section
80     77-40-109; and
81          (ii) juvenile court records as provided in Section 78A-6-209.
82          (d) (i) The bureau shall suspend a concealed firearm permit if a permit holder becomes
83     a temporarily restricted person in accordance with Section 53-5c-301.
84          (ii) Upon removal from the temporary restricted list, the permit holder's permit shall be
85     reinstated unless:
86          (A) the permit has been revoked, been suspended for a reason other than the restriction
87     described in Subsection (3)(d)(i), or expired; or
88          (B) the permit holder has become a restricted person under Section 76-10-503.
89          (4) (a) In addition to meeting the other qualifications for the issuance of a concealed

90     firearm permit under this section, a nonresident applicant who resides in a state that recognizes
91     the validity of the Utah permit or has reciprocity with Utah's concealed firearm permit law
92     shall:
93          (i) hold a current concealed firearm or concealed weapon permit issued by the
94     appropriate permitting authority of the nonresident applicant's state of residency; and
95          (ii) submit a photocopy or electronic copy of the nonresident applicant's current
96     concealed firearm or concealed weapon permit referred to in Subsection (4)(a)(i).
97          (b) A nonresident applicant who knowingly and willfully provides false information to
98     the bureau under Subsection (4)(a) is prohibited from holding a Utah concealed firearm permit
99     for a period of 10 years.
100          (c) Subsection (4)(a) applies to all applications for the issuance of a concealed firearm
101     permit that are received by the bureau after May 10, 2011.
102          (d) Beginning January 1, 2012, Subsection (4)(a) also applies to an application for
103     renewal of a concealed firearm permit by a nonresident.
104          (5) The bureau shall issue a concealed firearm permit to a former peace officer who
105     departs full-time employment as a peace officer, in an honorable manner, within five years of
106     that departure if the officer meets the requirements of this section.
107          (6) Except as provided in Subsection (7), the bureau shall also require the applicant to
108     provide:
109          (a) the address of the applicant's permanent residence;
110          (b) one recent dated photograph;
111          (c) one set of fingerprints; and
112          (d) evidence of general familiarity with the types of firearms to be concealed as defined
113     in Subsection (8).
114          (7) An applicant who is a law enforcement officer under Section 53-13-103 may
115     provide a letter of good standing from the officer's commanding officer in place of the evidence
116     required by Subsection (6)(d).
117          (8) (a) General familiarity with the types of firearms to be concealed includes training
118     in:
119          (i) the safe loading, unloading, storage, and carrying of the types of firearms to be
120     concealed; and

121          (ii) current laws defining lawful use of a firearm by a private citizen, including lawful
122     self-defense, use of force by a private citizen, including use of deadly force, transportation, and
123     concealment.
124          (b) An applicant may satisfy the general familiarity requirement of Subsection (8)(a) by
125     one of the following:
126          (i) completion of a course of instruction conducted by a national, state, or local
127     firearms training organization approved by the bureau;
128          (ii) certification of general familiarity by a person who has been certified by the bureau,
129     which may include a law enforcement officer, military or civilian firearms instructor, or hunter
130     safety instructor; or
131          (iii) equivalent experience with a firearm through participation in an organized
132     shooting competition, law enforcement, or military service.
133          (c) Instruction taken by a student under this Subsection (8) shall be in person and not
134     through electronic means.
135          (9) (a) An applicant for certification as a Utah concealed firearms instructor shall:
136          (i) be at least 21 years [of age] old;
137          (ii) be currently eligible to possess a firearm under Section 76-10-503;
138          (iii) have:
139          (A) completed a firearm instruction training course from the National Rifle Association
140     or the Department of Public Safety, Division of Peace Officer Safety Standards and Training;
141     or
142          (B) received training equivalent to one of the courses referred to in Subsection
143     (9)(a)(iii)(A) as determined by the bureau;
144          (iv) have taken a course of instruction and passed a certification test as described in
145     Subsection (9)(c); and
146          (v) possess a Utah concealed firearm permit.
147          (b) An instructor's certification is valid for three years from the date of issuance, unless
148     revoked by the bureau.
149          (c) (i) In order to obtain initial certification or renew a certification, an instructor shall
150     attend an instructional course and pass a test under the direction of the bureau.
151          (ii) (A) The bureau shall provide or contract to provide the course referred to in

152     Subsection (9)(c)(i) twice every year.
153          (B) The course shall include instruction on current Utah law related to firearms,
154     including concealed carry statutes and rules, and the use of deadly force by private citizens.
155          (d) (i) Each applicant for certification under this Subsection (9) shall pay a fee of
156     $50.00 at the time of application for initial certification.
157          (ii) The renewal fee for the certificate is $25.
158          (iii) The bureau may use a fee paid under Subsections (9)(d)(i) and (ii) as a dedicated
159     credit to cover the cost incurred in maintaining and improving the instruction program required
160     for concealed firearm instructors under this Subsection (9).
161          (10) A certified concealed firearms instructor shall provide each of the instructor's
162     students with the required course of instruction outline approved by the bureau.
163          (11) (a) (i) A concealed firearms instructor shall provide a signed certificate to a person
164     successfully completing the offered course of instruction.
165          (ii) The instructor shall sign the certificate with the exact name indicated on the
166     instructor's certification issued by the bureau under Subsection (9).
167          (iii) (A) The certificate shall also have affixed to it the instructor's official seal, which
168     is the exclusive property of the instructor and may not be used by any other person.
169          (B) The instructor shall destroy the seal upon revocation or expiration of the
170     instructor's certification under Subsection (9).
171          (C) The bureau shall determine the design and content of the seal to include at least the
172     following:
173          (I) the instructor's name as it appears on the instructor's certification;
174          (II) the words "Utah Certified Concealed Firearms Instructor," "state of Utah," and "my
175     certification expires on (the instructor's certification expiration date)"; and
176          (III) the instructor's business or residence address.
177          (D) The seal shall be affixed to each student certificate issued by the instructor in a
178     manner that does not obscure or render illegible any information or signatures contained in the
179     document.
180          (b) The applicant shall provide the certificate to the bureau in compliance with
181     Subsection (6)(d).
182          (12) The bureau may deny, suspend, or revoke the certification of an applicant or a

183     concealed firearms instructor if it has reason to believe the applicant or the instructor has:
184          (a) become ineligible to possess a firearm under Section 76-10-503 or federal law; or
185          (b) knowingly and willfully provided false information to the bureau.
186          (13) An applicant for certification or a concealed firearms instructor has the same
187     appeal rights as set forth in Subsection (16).
188          (14) In providing instruction and issuing a permit under this part, the concealed
189     firearms instructor and the bureau are not vicariously liable for damages caused by the permit
190     holder.
191          (15) An individual who knowingly and willfully provides false information on an
192     application filed under this part is guilty of a class B misdemeanor, and the application may be
193     denied, or the permit may be suspended or revoked.
194          (16) (a) In the event of a denial, suspension, or revocation of a permit, the applicant or
195     permit holder may file a petition for review with the board within 60 days from the date the
196     denial, suspension, or revocation is received by the applicant or permit holder by certified mail,
197     return receipt requested.
198          (b) The bureau's denial of a permit shall be in writing and shall include the general
199     reasons for the action.
200          (c) If an applicant or permit holder appeals the denial to the review board, the applicant
201     or permit holder may have access to the evidence upon which the denial is based in accordance
202     with Title 63G, Chapter 2, Government Records Access and Management Act.
203          (d) On appeal to the board, the bureau has the burden of proof by a preponderance of
204     the evidence.
205          (e) (i) Upon a ruling by the board on the appeal of a denial, the board shall issue a final
206     order within 30 days stating the board's decision.
207          (ii) The final order shall be in the form prescribed by Subsection 63G-4-203(1)(i).
208          (iii) The final order is final bureau action for purposes of judicial review under Section
209     63G-4-402.
210          (17) The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah
211     Administrative Rulemaking Act, necessary to administer this chapter.
212          Section 2. Section 53-5c-102 is amended to read:
213          53-5c-102. Definitions.

214          As used in this part:
215          (1) "Bureau" means the Bureau of Criminal Identification created in Section
216     53-10-201.
217          [(1)] (2) "Cohabitant" means a person who is 21 years of age or older who resides in
218     the same residence as the other party.
219          [(2)] (3) "Firearm" means a pistol, revolver, shotgun, short barrel shotgun, rifle or short
220     barrel rifle, or a device that could be used as a dangerous weapon from which is expelled a
221     projectile by action of an explosive.
222          [(3)] (4) "Illegal firearm" means a firearm the ownership or possession of which is
223     prohibited under state or federal law.
224          [(4)] (5) "Law enforcement agency" means a municipal or county police agency or an
225     officer of that agency.
226          [(5)] (6) "Owner cohabitant" means a cohabitant who owns, in whole or in part, a
227     firearm.
228          [(6)] (7) "Public interest use" means:
229          (a) use by a government agency as determined by the legislative body of the agency's
230     jurisdiction; or
231          (b) donation to a bona fide charity.
232          Section 3. Section 53-5c-301 is enacted to read:
233     
Part 3. Voluntary Firearm Restrictions

234          53-5c-301. Voluntary restrictions on firearm purchase and possession.
235          (1) An individual who is not a restricted person under Section 76-10-503 may be
236     restricted from the purchase and possession of firearms through a voluntary process.
237          (2) (a) The bureau shall develop a process and forms for inclusion on, and removal
238     from, a temporary restricted list to be maintained by the bureau.
239          (b) The bureau shall make the forms for inclusion and removal available by download
240     through the bureau's website and require, at a minimum, the following information for the
241     individual described in Subsection (1):
242          (i) name;
243          (ii) address;
244          (iii) date of birth;

245          (iv) contact information;
246          (v) the signature of the individual; and
247          (vi) an acknowledgment of the statement in Subsection (8).
248          (3) (a) An individual requesting inclusion on the temporary restricted list shall deliver
249     the completed form in person to a law enforcement agency.
250          (b) The law enforcement agency described in Subsection (3)(a):
251          (i) shall verify the individual's identity before accepting the form;
252          (ii) may not accept a form from someone other than the individual named on the form;
253     and
254          (iii) shall transmit the form electronically to the bureau through the Utah Criminal
255     Justice Information System.
256          (4) Upon receipt of a verified form requesting inclusion on the temporary restricted list,
257     the bureau shall, within 24 hours:
258          (a) add the individual's name to the list; and
259          (b) enter the information in the National Instant Criminal Background Check System
260     Indices, including:
261          (i) the date of the entry; and
262          (ii) that the restriction ends 180 days after the date of the entry.
263          (5) If the bureau does not receive a request for extension before the removal date, the
264     bureau shall remove the individual from the temporary restricted list.
265          (6) (a) An individual who is added to the temporary restricted list may not request
266     removal from the list unless the individual has been on the list for at least 30 days.
267          (b) The bureau shall remove an individual from the list 180 days after the individual
268     was added to the list, unless the individual requests to remain on the list.
269          (c) Requests for extensions shall be made in the same manner as the original request.
270          (d) An individual may continue to request extensions every 180 days.
271          (7) If an individual restricted under this section is a concealed firearm permit holder,
272          the individual's permit shall be:
273          (a) suspended upon entry on the temporary list; and
274          (b) reinstated upon removal from the list, unless:
275          (i) the permit has been revoked, been suspended for a reason other than under this

276     section, or has expired; or
277          (ii) the individual has become a restricted person under Section 76-10-503.
278          (8) The form shall have the following language prominently displayed before the
279     signature:
280     
ACKNOWLEDGMENT

281          "By presenting this completed form to a law enforcement agency, I understand that I am
282     requesting that my name be placed on a list that restricts my ability to purchase or possess
283     firearms for a minimum of 30 days, and up to 6 months. I understand that by voluntarily
284     making myself a temporarily restricted person, I may not have a firearm in my possession and
285     any attempt to purchase a firearm while I am on the list will be declined. I also understand that
286     any time after 30 days, I may request removal from the temporary restricted list and all
287     previous rights will be restored. In addition, if I am in possession of a valid concealed firearm
288     permit, my permit will be suspended during the time I am on the list, but will be reinstated
289     upon my removal, unless the permit has expired, been revoked, been suspended for another
290     reason, or I become ineligible to possess a firearm. Additionally, I acknowledge that if I
291     possess a firearm or attempt to purchase a firearm while outside Utah, I will be subject to the
292     law of that location regarding restricted persons."
293          (9) (a) An individual requesting removal from the temporary restricted list shall deliver
294     a completed removal form in person to the law enforcement agency that processed the
295     inclusion form under Subsection (3).
296          (b) The law enforcement agency described in Subsection (9)(a):
297          (i) shall verify the individual's identity before accepting the form;
298          (ii) may not accept a form from someone other than the individual named on the form;
299     and
300          (iii) shall transmit the form electronically to the bureau through the Utah Criminal
301     Justice Information System.
302          (10) Upon receipt of a verified removal form, the bureau shall, within 24 hours,
303     remove the individual from the temporary restricted list and remove the information from the
304     National Instant Criminal Background Check System.
305          (11) Within 30 days before the 180 day removal deadline, the bureau shall notify the
306     individual at the address listed on the form and the law enforcement agency that processed the

307     inclusion form that the individual is due to be removed from the temporary list, and the date on
308     which the removal will occur, unless the individual requests an extension of up to 180 days.
309          (12) (a) A law enforcement agency that receives a request for inclusion shall maintain
310     the form and all subsequent forms in a separate file.
311          (b) If the individual requests removal before the end of the 180 days, the law
312     enforcement agency shall destroy the entire file within five days after transmission of the
313     information to the bureau.
314          (c) If the individual does not request an extension after notification in accordance with
315     Subsection (11), the law enforcement agency shall destroy the entire file within five days after
316     the date indicated in the notification.
317          (d) Upon removal of an individual from the voluntary restricted list, the bureau shall
318     destroy all records related to the inclusion and removal of the individual.
319          (e) All forms and records created in accordance with this section are classified as
320     private records in accordance with Title 63G, Chapter 2, Government Records Access and
321     Management Act.
322          (13) The bureau may make rules in accordance with Title 63G, Chapter 3, Utah
323     Administrative Rulemaking Act, to develop the process and forms to implement this section.
324          Section 4. Section 76-10-526 is amended to read:
325          76-10-526. Criminal background check prior to purchase of a firearm -- Fee --
326     Exemption for concealed firearm permit holders and law enforcement officers.
327          (1) For purposes of this section, "valid permit to carry a concealed firearm" does not
328     include a temporary permit issued under Section 53-5-705.
329          (2) (a) To establish personal identification and residence in this state for purposes of
330     this part, a dealer shall require an individual receiving a firearm to present one photo
331     identification on a form issued by a governmental agency of the state.
332          (b) A dealer may not accept a driving privilege card issued under Section 53-3-207 as
333     proof of identification for the purpose of establishing personal identification and residence in
334     this state as required under this Subsection (2).
335          (3) (a) A criminal history background check is required for the sale of a firearm by a
336     licensed firearm dealer in the state.
337          (b) Subsection (3)(a) does not apply to the sale of a firearm to a Federal Firearms

338     Licensee.
339          (4) (a) An individual purchasing a firearm from a dealer shall consent in writing to a
340     criminal background check, on a form provided by the bureau.
341          (b) The form shall contain the following information:
342          (i) the dealer identification number;
343          (ii) the name and address of the individual receiving the firearm;
344          (iii) the date of birth, height, weight, eye color, and hair color of the individual
345     receiving the firearm; and
346          (iv) the social security number or any other identification number of the individual
347     receiving the firearm.
348          (5) (a) The dealer shall send the information required by Subsection (4) to the bureau
349     immediately upon its receipt by the dealer.
350          (b) A dealer may not sell or transfer a firearm to an individual until the dealer has
351     provided the bureau with the information in Subsection (4) and has received approval from the
352     bureau under Subsection (7).
353          (6) The dealer shall make a request for criminal history background information by
354     telephone or other electronic means to the bureau and shall receive approval or denial of the
355     inquiry by telephone or other electronic means.
356          (7) When the dealer calls for or requests a criminal history background check, the
357     bureau shall:
358          (a) review the criminal history files, including juvenile court records, and the
359     temporary restricted file created under Section 53-5c-301, to determine if the individual is
360     prohibited from purchasing, possessing, or transferring a firearm by state or federal law;
361          (b) inform the dealer that:
362          (i) the records indicate the individual is prohibited; or
363          (ii) the individual is approved for purchasing, possessing, or transferring a firearm;
364          (c) provide the dealer with a unique transaction number for that inquiry; and
365          (d) provide a response to the requesting dealer during the call for a criminal
366     background check, or by return call, or other electronic means, without delay, except in case of
367     electronic failure or other circumstances beyond the control of the bureau, the bureau shall
368     advise the dealer of the reason for the delay and give the dealer an estimate of the length of the

369     delay.
370          (8) (a) The bureau may not maintain any records of the criminal history background
371     check longer than 20 days from the date of the dealer's request, if the bureau determines that
372     the individual receiving the firearm is not prohibited from purchasing, possessing, or
373     transferring the firearm under state or federal law.
374          (b) However, the bureau shall maintain a log of requests containing the dealer's federal
375     firearms number, the transaction number, and the transaction date for a period of 12 months.
376          (9) (a) If the criminal history background check discloses information indicating that
377     the individual attempting to purchase the firearm is prohibited from purchasing, possessing, or
378     transferring a firearm, the bureau shall inform the law enforcement agency in the jurisdiction
379     where the individual resides.
380          (b) Subsection (9)(a) does not apply to an individual prohibited from purchasing a
381     firearm solely due to placement on the temporary restricted list under Section 53-5c-301.
382          [(b)] (c) A law enforcement agency that receives information from the bureau under
383     Subsection (9)(a) shall provide a report before August 1 of each year to the bureau that
384     includes:
385          (i) based on the information the bureau provides to the law enforcement agency under
386     Subsection (9)(a), the number of cases that involve an individual who is prohibited from
387     purchasing, possessing, or transferring a firearm as a result of a conviction for an offense
388     involving domestic violence; and
389          (ii) of the cases described in Subsection (9)[(b)](c)(i):
390          (A) the number of cases the law enforcement agency investigates; and
391          (B) the number of cases the law enforcement agency investigates that result in a
392     criminal charge.
393          [(c)] (d) The bureau shall:
394          (i) compile the information from the reports described in Subsection (9)[(b)](c);
395          (ii) omit or redact any identifying information in the compilation; and
396          (iii) submit the compilation to the Law Enforcement and Criminal Justice Interim
397     Committee before November 1 of each year.
398          (10) If an individual is denied the right to purchase a firearm under this section, the
399     individual may review the individual's criminal history information and may challenge or

400     amend the information as provided in Section 53-10-108.
401          (11) The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah
402     Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all
403     records provided by the bureau under this part are in conformance with the requirements of the
404     Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
405          (12) (a) A dealer shall collect a criminal history background check fee for the sale of a
406     firearm under this section.
407          (b) The fee described under Subsection (12)(a) remains in effect until changed by the
408     bureau through the process described in Section 63J-1-504.
409          (c) (i) The dealer shall forward at one time all fees collected for criminal history
410     background checks performed during the month to the bureau by the last day of the month
411     following the sale of a firearm.
412          (ii) The bureau shall deposit the fees in the General Fund as dedicated credits to cover
413     the cost of administering and conducting the criminal history background check program.
414          (13) An individual with a concealed firearm permit issued under Title 53, Chapter 5,
415     Part 7, Concealed Firearm Act, is exempt from the background check and corresponding fee
416     required in this section for the purchase of a firearm if:
417          (a) the individual presents the individual's concealed firearm permit to the dealer prior
418     to purchase of the firearm; and
419          (b) the dealer verifies with the bureau that the individual's concealed firearm permit is
420     valid.
421          (14) (a) A law enforcement officer, as defined in Section 53-13-103, is exempt from
422     the background check fee required in this section for the purchase of a personal firearm to be
423     carried while off-duty if the law enforcement officer verifies current employment by providing
424     a letter of good standing from the officer's commanding officer and current law enforcement
425     photo identification.
426          (b) Subsection (14)(a) may only be used by a law enforcement officer to purchase a
427     personal firearm once in a 24-month period.
428          (15) (a) A dealer or a person engaged in the business of selling firearm safes in Utah
429     may participate in the redeemable coupon program described in this Subsection (15) and
430     Subsection 62A-15-103(3).

431          (b) A participating dealer or person shall:
432          (i) apply the coupon only toward the purchase of a gun safe;
433          (ii) collect the receipts from the purchase of a firearm safe using the redeemable
434     coupons and send the receipts to the Division of Substance Abuse and Mental Health for
435     redemption; and
436          (iii) make the firearm safety brochure described in Subsection 62A-15-103(3) available
437     to a customer free of charge.
438          (16) A dealer engaged in the business of selling, leasing, or otherwise transferring any
439     firearm shall:
440          (a) make the firearm safety brochure described in Subsection 62A-15-103(3) available
441     to a customer free of charge; and
442          (b) at the time of purchase, distribute a cable-style gun lock provided to the dealer
443     under Subsection 62A-15-103(3) to a customer purchasing a shotgun, short barreled shotgun,
444     short barreled rifle, rifle, or another firearm that federal law does not require be accompanied
445     by a gun lock at the time of purchase.