7 LONG TITLE
8 General Description:
9 This bill addresses provisions regarding firearm restrictions.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires agencies to run a background check when returning a firearm to an
13 individual from evidence;
14 ▸ requires a court that reports criminal information to the Criminal Investigations and
15 Technical Service Division to provide the relationship between the victim and the
16 perpetrator in certain circumstances;
17 ▸ amends the definition of a "restricted person";
18 ▸ classifies an alien in the state on a nonimmigrant visa in certain circumstances as a
19 restricted person not able to possess, own, or purchase a firearm;
20 ▸ requires the Bureau of Criminal Identification to inform the local law enforcement
21 agency with jurisdiction over a firearms dealer when a restricted person attempts to
22 purchase a firearm from that dealer;
23 ▸ clarifies that a restricted person may not use an antique firearm for an activity
24 regulated under the Wildlife Resources Code of Utah; and
25 ▸ makes technical changes.
26 Money Appropriated in this Bill:
28 Other Special Clauses:
29 This bill provides a coordination clause.
30 Utah Code Sections Affected:
32 24-3-103, as last amended by Laws of Utah 2021, Chapter 230
33 53-10-208.1, as last amended by Laws of Utah 2021, Chapter 159
34 53-10-213, as last amended by Laws of Utah 2020, Chapter 142
35 76-10-501, as last amended by Laws of Utah 2015, Chapters 212, 406
36 76-10-503, as last amended by Laws of Utah 2021, Chapter 262
37 76-10-526, as last amended by Laws of Utah 2021, Chapters 166, 277
38 Utah Code Sections Affected by Coordination Clause:
39 76-10-503, as last amended by Laws of Utah 2021, Chapter 262
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 24-3-103 is amended to read:
43 24-3-103. Disposition of property.
44 (1) If a prosecuting attorney determines that seized property no longer needs to be
45 retained for court proceedings, the prosecuting attorney may:
46 (a) petition the court to apply the property that is money towards restitution, fines, fees,
47 or monetary judgments owed by the owner of the property;
48 (b) petition the court for an order transferring ownership of [
49 agency with custody for the agency's use and disposal in accordance with Section 24-3-103.5,
50 if the owner:
51 (i) is the individual who committed the offense for which the weapon was seized; or
52 (ii) may not lawfully possess the weapon; or
53 (c) notify the agency with custody of the property or contraband that:
54 (i) the property may be returned to the rightful owner if the rightful owner may
55 lawfully possess the property; or
56 (ii) the contraband may be disposed of or destroyed.
57 (2) Before returning a firearm to an individual, the agency returning the firearm shall
58 confirm, through the Bureau of Criminal Identification, that the individual is eligible to
59 lawfully possess and receive firearms.
61 owner of the property to advise the owner that the property is to be returned.
63 reasonable extraction and return of specifically described personal digital data to the rightful
65 (b) The law enforcement agency shall determine a reasonable cost to extract the data.
66 (c) At the time of the request to extract the data, the owner of the computer shall pay
67 the agency the cost to extract the data.
69 ownership of the property, the person shall establish in accordance with Subsection [
70 (5)(b) that the person:
71 (i) is the rightful owner; and
72 (ii) may lawfully possess the property.
73 (b) The person shall establish ownership under Subsection [
74 to the agency:
75 (i) identifying proof or documentation of ownership of the property; or
76 (ii) a notarized statement if proof or documentation is not available.
78 receipt listing in detail the property that is returned.
79 (b) The agency shall:
80 (i) retain a copy of the receipt; and
81 (ii) provide a copy of the receipt to the owner.
83 locate the rightful owner of the property or the rightful owner is not entitled to lawfully possess
84 the property, the agency may:
85 (i) apply the property to a public interest use;
86 (ii) sell the property at public auction and apply the proceeds of the sale to a public
87 interest use; or
88 (iii) destroy the property if the property is unfit for a public interest use or for sale.
89 (b) If the property described in Subsection [
90 dispose of the firearm in accordance with Section 24-3-103.5.
92 public interest use, the agency shall obtain from the legislative body of the agency's
94 (a) permission to apply the property or the proceeds to public interest use; and
95 (b) the designation and approval of the public interest use of the property or the
98 or secondhand business in the course of the pawn or secondhand business's business, the
99 provisions of Section 13-32a-116 shall apply to the disposition of the property.
100 Section 2. Section 53-10-208.1 is amended to read:
101 53-10-208.1. Magistrates and court clerks to supply information.
102 (1) Every magistrate or clerk of a court responsible for court records in this state shall,
103 within 30 days after the day of the disposition and on forms and in the manner provided by the
104 division, furnish the division with information pertaining to:
105 (a) all dispositions of criminal matters, including:
106 (i) guilty pleas;
107 (ii) convictions;
108 (iii) dismissals;
109 (iv) acquittals;
110 (v) pleas [
111 (vi) judgments of not guilty by reason of insanity;
112 (vii) judgments of guilty with a mental illness;
113 (viii) finding of mental incompetence to stand trial; and
114 (ix) probations granted;
115 (b) orders of civil commitment under the terms of Section 62A-15-631;
116 (c) the issuance, recall, cancellation, or modification of all warrants of arrest or
117 commitment as described in Rule 6, Utah Rules of Criminal Procedure and Section 78B-6-303,
118 within one day of the action and in a manner provided by the division; and
119 (d) protective orders issued after notice and hearing, pursuant to:
120 (i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
121 (ii) Title 78B, Chapter 7, Part 4, Dating Violence Protective Orders;
122 (iii) Title 78B, Chapter 7, Part 5, Sexual Violence Protective Orders;
123 (iv) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders; or
124 (v) Title 78B, Chapter 7, Part 8, Criminal Protective Orders.
125 (2) When transmitting information on a criminal matter under Subsection (1)(a)(i), (ii),
126 (v), or (vii) for a conviction of misdemeanor assault under Section 76-5-102, the magistrate or
127 clerk of a court shall include available information regarding whether the conviction for assault
128 resulted from an assault against an individual:
129 (a) who is included in at least one of the relationship categories described in
130 Subsection 76-10-503(1)(b)(xi); or
131 (b) with whom none of the relationships described in Subsection 76-10-503(1)(b)(xi)
134 transmit a record of the determination or finding to the bureau no later than 48 hours after the
135 determination is made, excluding Saturdays, Sundays, and legal holidays, if an individual is:
136 (a) adjudicated as a mental defective; or
137 (b) involuntarily committed to a mental institution in accordance with Subsection
140 (a) an agency record identifier;
141 (b) the individual's name, sex, race, and date of birth; and
142 (c) the individual's social security number, government issued driver license or
143 identification number, alien registration number, government passport number, state
144 identification number, or FBI number.
145 Section 3. Section 53-10-213 is amended to read:
146 53-10-213. Reporting requirements.
147 (1) The bureau shall submit the record received from the court in accordance with
148 Subsection 78B-7-603(5)(e) to the National Crime Information Center within 48 hours of
149 receipt, excluding Saturdays, Sundays, and legal holidays.
150 (2) The bureau shall submit the record received from the court in accordance with
151 Subsection [
152 Check System within 48 hours of receipt, excluding Saturdays, Sundays, and legal holidays.
153 Section 4. Section 76-10-501 is amended to read:
154 76-10-501. Definitions.
155 As used in this part:
156 (1) (a) "Antique firearm" means:
157 (i) any firearm, including any firearm with a matchlock, flintlock, percussion cap, or
158 similar type of ignition system, manufactured in or before 1898; or
159 (ii) a firearm that is a replica of any firearm described in this Subsection (1)(a), if the
161 (A) is not designed or redesigned for using rimfire or conventional centerfire fixed
162 ammunition; or
163 (B) uses rimfire or centerfire fixed ammunition which is:
164 (I) no longer manufactured in the United States; and
165 (II) is not readily available in ordinary channels of commercial trade; or
166 (iii) (A) that is a muzzle loading rifle, shotgun, or pistol; and
167 (B) is designed to use black powder, or a black powder substitute, and cannot use fixed
169 (b) "Antique firearm" does not include:
170 (i) a weapon that incorporates a firearm frame or receiver;
171 (ii) a firearm that is converted into a muzzle loading weapon; or
172 (iii) a muzzle loading weapon that can be readily converted to fire fixed ammunition by
173 replacing the:
174 (A) barrel;
175 (B) bolt;
176 (C) breechblock; or
177 (D) any combination of Subsection (1)(b)(iii)(A), (B), or (C).
178 (2) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
179 within the Department of Public Safety.
180 (3) (a) "Concealed firearm" means a firearm that is:
181 (i) covered, hidden, or secreted in a manner that the public would not be aware of its
182 presence; and
183 (ii) readily accessible for immediate use.
184 (b) A firearm that is unloaded and securely encased is not a concealed firearm for the
185 purposes of this part.
186 (4) "Criminal history background check" means a criminal background check
187 conducted by a licensed firearms dealer on every purchaser of a handgun, except a Federal
188 Firearms Licensee, through the bureau or the local law enforcement agency where the firearms
189 dealer conducts business.
190 (5) "Curio or relic firearm" means a firearm that:
191 (a) is of special interest to a collector because of a quality that is not associated with
192 firearms intended for:
193 (i) sporting use;
194 (ii) use as an offensive weapon; or
195 (iii) use as a defensive weapon;
196 (b) (i) was manufactured at least 50 years before the current date; and
197 (ii) is not a replica of a firearm described in Subsection (5)(b)(i);
198 (c) is certified by the curator of a municipal, state, or federal museum that exhibits
199 firearms to be a curio or relic of museum interest;
200 (d) derives a substantial part of its monetary value:
201 (i) from the fact that the firearm is:
202 (A) novel;
203 (B) rare; or
204 (C) bizarre; or
205 (ii) because of the firearm's association with an historical:
206 (A) figure;
207 (B) period; or
208 (C) event; and
209 (e) has been designated as a curio or relic firearm by the director of the United States
210 Treasury Department Bureau of Alcohol, Tobacco, and Firearms under 27 C.F.R. Sec. 478.11.
211 (6) (a) "Dangerous weapon" means:
212 (i) a firearm; or
213 (ii) an object that in the manner of its use or intended use is capable of causing death or
214 serious bodily injury.
215 (b) The following factors are used in determining whether any object, other than a
216 firearm, is a dangerous weapon:
217 (i) the location and circumstances in which the object was used or possessed;
218 (ii) the primary purpose for which the object was made;
219 (iii) the character of the wound, if any, produced by the object's unlawful use;
220 (iv) the manner in which the object was unlawfully used;
221 (v) whether the manner in which the object is used or possessed constitutes a potential
222 imminent threat to public safety; and
223 (vi) the lawful purposes for which the object may be used.
224 (c) "Dangerous weapon" does not include an explosive, chemical, or incendiary device
225 as defined by Section 76-10-306.
226 (7) (a) "Dating relationship" means a romantic or intimate relationship between
228 (b) "Dating relationship" does not include a casual acquaintanceship or ordinary
229 fraternization in a business or social context.
231 (a) licensed under 18 U.S.C. Sec. 923; and
232 (b) engaged in the business of selling, leasing, or otherwise transferring a handgun,
233 whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
236 (a) holds a valid Federal Firearms License issued under 18 U.S.C. Sec. 923; and
237 (b) is engaged in the activities authorized by the specific category of license held.
239 or short barreled rifle, or a device that could be used as a dangerous weapon from which is
240 expelled a projectile by action of an explosive.
241 (b) As used in Sections 76-10-526 and 76-10-527, "firearm" does not include an
242 antique firearm.
244 be completed by a person purchasing, selling, or transferring a handgun from a dealer in the
247 or can be readily restored to fire, automatically more than one shot without manual reloading
248 by a single function of the trigger.
250 loaded or unloaded, from which a shot, bullet, or other missile can be discharged, the length of
251 which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches.
252 (b) As used in Sections 76-10-520, 76-10-521, and 76-10-522, "handgun" and "pistol
253 or revolver" do not include an antique firearm.
255 building set apart primarily for the purpose of worship in which religious services are held and
256 the main body of which is kept for that use and not put to any other use inconsistent with its
257 primary purpose.
260 dangerous weapon is carried on the person or within such close proximity and in such a manner
261 that it can be retrieved and used as readily as if carried on the person.
263 primary or secondary residence.
265 held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other
266 storage area of a motor vehicle, not including a glove box or console box.
268 barrel or barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or
269 barrels of fewer than 16 inches in length, or a dangerous weapon made from a rifle or shotgun
270 by alteration, modification, or otherwise, if the weapon as modified has an overall length of
271 fewer than 26 inches.
273 containing pellets or a single slug.
275 against the shoulder.
278 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
279 unit, bureau, panel, or other administrative unit of the state.
282 Section 5. Section 76-10-503 is amended to read:
283 76-10-503. Restrictions on possession, purchase, transfer, and ownership of
284 dangerous weapons by certain persons -- Exceptions.
285 (1) For purposes of this section:
286 (a) A Category I restricted person is a person who:
287 (i) has been convicted of [
288 (ii) is on probation or parole for [
289 (iii) is on parole from secure care, as defined in Section 80-1-102;
290 (iv) within the last 10 years has been adjudicated under Section 80-6-701 for an offense
291 which if committed by an adult would have been a violent felony as defined in Section
293 (v) is an alien who is illegally or unlawfully in the United States; or
294 (vi) is on probation for a conviction of possessing:
295 (A) a substance classified in Section 58-37-4 as a Schedule I or II controlled substance;
296 (B) a controlled substance analog; or
297 (C) a substance listed in Section 58-37-4.2.
298 (b) A Category II restricted person is a person who:
299 (i) has been convicted of [
300 (ii) within the last seven years has been adjudicated delinquent for an offense which if
301 committed by an adult would have been a felony;
302 (iii) is an unlawful user of a controlled substance as defined in Section 58-37-2;
303 (iv) is in possession of a dangerous weapon and is knowingly and intentionally in
304 unlawful possession of a Schedule I or II controlled substance as defined in Section 58-37-2;
305 (v) has been found not guilty by reason of insanity for a felony offense;
306 (vi) has been found mentally incompetent to stand trial for a felony offense;
307 (vii) has been adjudicated as mentally defective as provided in the Brady Handgun
308 Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed
309 to a mental institution;
310 (viii) has been dishonorably discharged from the armed forces;
311 (ix) has renounced the individual's citizenship after having been a citizen of the United
313 (x) is a respondent or defendant subject to a protective order or child protective order
314 that is issued after a hearing for which the respondent or defendant received actual notice and at
315 which the respondent or defendant has an opportunity to participate, that restrains the
316 respondent or defendant from harassing, stalking, threatening, or engaging in other conduct that
317 would place an intimate partner, as defined in 18 U.S.C. Sec. 921, or a child of the intimate
318 partner, in reasonable fear of bodily injury to the intimate partner or child of the intimate
319 partner, and that:
320 (A) includes a finding that the respondent or defendant represents a credible threat to
321 the physical safety of an individual who meets the definition of an intimate partner in 18 U.S.C.
322 Sec. 921 or the child of the individual; or
323 (B) explicitly prohibits the use, attempted use, or threatened use of physical force that
324 would reasonably be expected to cause bodily harm against an intimate partner or the child of
325 an intimate partner; [
326 (xi) except as provided in Subsection (1)(d), has been convicted of the commission or
327 attempted commission of assault under Section 76-5-102 or aggravated assault under Section
328 76-5-103 against an individual:
329 (A) who is a current or former spouse, parent, or guardian[
330 (B) [
331 (C) [
332 spouse, parent, or guardian[
333 (D) involved in a dating relationship with the restricted person within the last five
334 years; or
335 (E) [
336 restricted person; or
337 (xii) is an alien who has been admitted to the United States under a nonimmigrant visa
338 as defined in 8 U.S.C. Sec. 1101(a)(26).
339 (c) (i) As used in this section, a conviction of a felony or adjudication of delinquency
340 for an offense which would be a felony if committed by an adult does not include:
342 pertaining to antitrust violations, unfair trade practices, restraint of trade, or other similar
343 offenses relating to the regulation of business practices not involving theft or fraud; or
345 in accordance with the law of the jurisdiction in which [
346 occurred, has been expunged, set aside, reduced to a misdemeanor by court order, pardoned or
347 regarding which the person's civil rights have been restored unless the pardon, reduction,
348 expungement, or restoration of civil rights expressly provides that the person may not ship,
349 transport, possess, or receive firearms.
351 conviction or an adjudication under Section 80-6-701 is subject to an exception provided in
352 Subsection (1)(c)(i), after which it is the burden of the state to prove beyond a reasonable doubt
353 that the conviction or the adjudication is not subject to that exception.
354 (d) A person is not a restricted person for a conviction under Subsection (1)(b)(xi)(D)
356 (i) five years have elapsed from the later of:
357 (A) the day on which the conviction is entered;
358 (B) the day on which the person is released from incarceration following the
359 conviction; or
360 (C) the day on which the person's probation for the conviction is successfully
362 (ii) the person only has a single conviction for assault as described in Subsection
363 (1)(b)(xi)(D); and
364 (iii) the person is not otherwise a restricted person under Subsection (1)(a) or (b).
365 (2) A Category I restricted person who intentionally or knowingly agrees, consents,
366 offers, or arranges to purchase, transfer, possess, use, or have under the person's custody or
367 control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under
368 the person's custody or control:
369 (a) [
370 (b) [
371 (3) [
372 intentionally or knowingly purchases, transfers, possesses, uses, or has under the person's
373 custody or control:
374 (a) [
375 (b) [
376 (4) A Category II restricted person may possess, use, or have under the person's control
377 a firearm or dangerous weapon if:
378 (a) the person is a Category II restricted person solely due to Subsection (1)(b)(xii);
379 (b) the person has been admitted to the United States under a nonimmigrant visa solely
380 for lawful hunting or sporting purposes;
381 (c) the person is in possession of a valid hunting license or permit; and
382 (d) the possession, use, or control of the firearm or dangerous weapon is directly
383 related to the lawful hunting or sporting purposes described in Subsection (4)(b).
385 (6) A Category I or Category II restricted person may not use an antique firearm for an
386 activity regulated under Title 23, Wildlife Resources Code of Utah.
388 section for one who purchases, transfers, possesses, uses, or has under this custody or control
391 (1)(b)(iv) that the person was:
392 (a) in possession of a controlled substance pursuant to a lawful order of a practitioner
393 for use of a member of the person's household or for administration to an animal owned by the
394 person or a member of the person's household; or
395 (b) otherwise authorized by law to possess the substance.
397 weapon by a person restricted under Subsection (2) or (3) that the firearm or dangerous
399 (i) was possessed by the person or was under the person's custody or control before the
400 person became a restricted person;
401 (ii) was not used in or possessed during the commission of a crime or subject to
402 disposition under Section 24-3-103;
403 (iii) is not being held as evidence by a court or law enforcement agency;
404 (iv) was transferred to a person not legally prohibited from possessing the weapon; and
405 (v) unless a different time is ordered by the court, was transferred within 10 days of the
406 person becoming a restricted person.
407 (b) Subsection [
408 person of a firearm or other dangerous weapon by a restricted person.
410 dangerous weapon to [
411 Subsection (1)(a) or (b).
412 (b) A person who violates Subsection [
413 (i) a person described in Subsection (1)(a) and the transaction involves a firearm, is
414 guilty of a second degree felony;
415 (ii) a person described in Subsection (1)(a) and the transaction involves [
416 dangerous weapon other than a firearm, and the transferor has knowledge that the recipient
417 intends to use the weapon for any unlawful purpose, is guilty of a third degree felony;
418 (iii) a person described in Subsection (1)(b) and the transaction involves a firearm, is
419 guilty of a third degree felony; or
420 (iv) a person described in Subsection (1)(b) and the transaction involves [
421 dangerous weapon other than a firearm, and the transferor has knowledge that the recipient
422 intends to use the weapon for [
424 dealer or other person to sell, transfer or otherwise dispose of a firearm or dangerous weapon
425 under circumstances which the person knows would be a violation of the law.
426 (b) A person may not provide to a dealer or other person [
427 person knows to be materially false information with intent to deceive the dealer or other
428 person about the legality of a sale, transfer or other disposition of a firearm or dangerous
430 (c) "Materially false information" means information that portrays an illegal transaction
431 as legal or a legal transaction as illegal.
432 (d) A person who violates this Subsection [
433 (i) a third degree felony if the transaction involved a firearm; or
434 (ii) a class A misdemeanor if the transaction involved a dangerous weapon other than a
436 Section 6. Section 76-10-526 is amended to read:
437 76-10-526. Criminal background check prior to purchase of a firearm -- Fee --
438 Exemption for concealed firearm permit holders and law enforcement officers.
439 (1) For purposes of this section, "valid permit to carry a concealed firearm" does not
440 include a temporary permit issued under Section 53-5-705.
441 (2) (a) To establish personal identification and residence in this state for purposes of
442 this part, a dealer shall require an individual receiving a firearm to present one photo
443 identification on a form issued by a governmental agency of the state.
444 (b) A dealer may not accept a driving privilege card issued under Section 53-3-207 as
445 proof of identification for the purpose of establishing personal identification and residence in
446 this state as required under this Subsection (2).
447 (3) (a) A criminal history background check is required for the sale of a firearm by a
448 licensed firearm dealer in the state.
449 (b) Subsection (3)(a) does not apply to the sale of a firearm to a Federal Firearms
451 (4) (a) An individual purchasing a firearm from a dealer shall consent in writing to a
452 criminal background check, on a form provided by the bureau.
453 (b) The form shall contain the following information:
454 (i) the dealer identification number;
455 (ii) the name and address of the individual receiving the firearm;
456 (iii) the date of birth, height, weight, eye color, and hair color of the individual
457 receiving the firearm; and
458 (iv) the social security number or any other identification number of the individual
459 receiving the firearm.
460 (5) (a) The dealer shall send the information required by Subsection (4) to the bureau
461 immediately upon its receipt by the dealer.
462 (b) A dealer may not sell or transfer a firearm to an individual until the dealer has
463 provided the bureau with the information in Subsection (4) and has received approval from the
464 bureau under Subsection (7).
465 (6) The dealer shall make a request for criminal history background information by
466 telephone or other electronic means to the bureau and shall receive approval or denial of the
467 inquiry by telephone or other electronic means.
468 (7) When the dealer calls for or requests a criminal history background check, the
469 bureau shall:
470 (a) review the criminal history files, including juvenile court records, and the
471 temporary restricted file created under Section 53-5c-301, to determine if the individual is
472 prohibited from purchasing, possessing, or transferring a firearm by state or federal law;
473 (b) inform the dealer that:
474 (i) the records indicate the individual is prohibited; or
475 (ii) the individual is approved for purchasing, possessing, or transferring a firearm;
476 (c) provide the dealer with a unique transaction number for that inquiry; and
477 (d) provide a response to the requesting dealer during the call for a criminal
478 background check, or by return call, or other electronic means, without delay, except in case of
479 electronic failure or other circumstances beyond the control of the bureau, the bureau shall
480 advise the dealer of the reason for the delay and give the dealer an estimate of the length of the
482 (8) (a) The bureau may not maintain any records of the criminal history background
483 check longer than 20 days from the date of the dealer's request, if the bureau determines that
484 the individual receiving the firearm is not prohibited from purchasing, possessing, or
485 transferring the firearm under state or federal law.
486 (b) However, the bureau shall maintain a log of requests containing the dealer's federal
487 firearms number, the transaction number, and the transaction date for a period of 12 months.
488 (9) (a) If the criminal history background check discloses information indicating that
489 the individual attempting to purchase the firearm is prohibited from purchasing, possessing, or
490 transferring a firearm, the bureau shall:
491 (i) within 24 hours after determining that the purchaser is prohibited from purchasing,
492 possessing, or transferring a firearm, notify the law enforcement agency in the jurisdiction
493 where the dealer is located; and
494 (ii) inform the law enforcement agency in the jurisdiction where the individual resides.
495 (b) Subsection (9)(a) does not apply to an individual prohibited from purchasing a
496 firearm solely due to placement on the temporary restricted list under Section 53-5c-301.
497 (c) A law enforcement agency that receives information from the bureau under
498 Subsection (9)(a) shall provide a report before August 1 of each year to the bureau that
500 (i) based on the information the bureau provides to the law enforcement agency under
501 Subsection (9)(a), the number of cases that involve an individual who is prohibited from
502 purchasing, possessing, or transferring a firearm as a result of a conviction for an offense
503 involving domestic violence; and
504 (ii) of the cases described in Subsection (9)(c)(i):
505 (A) the number of cases the law enforcement agency investigates; and
506 (B) the number of cases the law enforcement agency investigates that result in a
507 criminal charge.
508 (d) The bureau shall:
509 (i) compile the information from the reports described in Subsection (9)(c);
510 (ii) omit or redact any identifying information in the compilation; and
511 (iii) submit the compilation to the Law Enforcement and Criminal Justice Interim
512 Committee before November 1 of each year.
513 (10) If an individual is denied the right to purchase a firearm under this section, the
514 individual may review the individual's criminal history information and may challenge or
515 amend the information as provided in Section 53-10-108.
516 (11) The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah
517 Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all
518 records provided by the bureau under this part are in conformance with the requirements of the
519 Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
520 (12) (a) A dealer shall collect a criminal history background check fee for the sale of a
521 firearm under this section.
522 (b) The fee described under Subsection (12)(a) remains in effect until changed by the
523 bureau through the process described in Section 63J-1-504.
524 (c) (i) The dealer shall forward at one time all fees collected for criminal history
525 background checks performed during the month to the bureau by the last day of the month
526 following the sale of a firearm.
527 (ii) The bureau shall deposit the fees in the General Fund as dedicated credits to cover
528 the cost of administering and conducting the criminal history background check program.
529 (13) An individual with a concealed firearm permit issued under Title 53, Chapter 5,
530 Part 7, Concealed Firearm Act, is exempt from the background check and corresponding fee
531 required in this section for the purchase of a firearm if:
532 (a) the individual presents the individual's concealed firearm permit to the dealer prior
533 to purchase of the firearm; and
534 (b) the dealer verifies with the bureau that the individual's concealed firearm permit is
536 (14) (a) A law enforcement officer, as defined in Section 53-13-103, is exempt from
537 the background check fee required in this section for the purchase of a personal firearm to be
538 carried while off-duty if the law enforcement officer verifies current employment by providing
539 a letter of good standing from the officer's commanding officer and current law enforcement
540 photo identification.
541 (b) Subsection (14)(a) may only be used by a law enforcement officer to purchase a
542 personal firearm once in a 24-month period.
543 (15) A dealer engaged in the business of selling, leasing, or otherwise transferring
545 (a) make the firearm safety brochure described in Subsection 62A-15-103(3) available
546 to a customer free of charge; and
547 (b) at the time of purchase, distribute a cable-style gun lock provided to the dealer
548 under Subsection 62A-15-103(3) to a customer purchasing a shotgun, short barreled shotgun,
549 short barreled rifle, rifle, or another firearm that federal law does not require be accompanied
550 by a gun lock at the time of purchase.
551 Section 7. Coordinating H.B. 225 with H.B. 120 -- Technical and substantive
553 If this H.B. 225 and H.B. 120, Weapon Possession Amendments, both pass and become
554 law, it is the intent of the Legislature that the Office of Legislative Research and General
555 Counsel prepare the Utah Code database for publication by amending Subsection
556 76-10-503(1)(d)(ii) in this H.B. 225 to read:
557 "(ii) the person only has a single conviction for misdemeanor assault as described in
558 Subsection (1)(b)(xi)(D); and".