Chief Sponsor: Brian S. King

Senate Sponsor: ____________


8     General Description:
9          This bill amends provisions relating to firearms and ammunition.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     amends offenses related to a restricted person in possession of a dangerous weapon
14     to include ammunition;
15          ▸     makes possession of a firearm on which the identifying marks have been altered or
16     removed a crime;
17          ▸     requires the Bureau of Criminal Identification to inform local law enforcement
18     when a prohibited person attempts to purchase a firearm from a firearm dealer;
19          ▸     requires a firearm dealer to distribute a firearm safety brochure at the time of the
20     transfer of a firearm;
21          ▸     requires a firearm dealer to post a written notice of potential liability for the
22     negligent storage of a firearm and provides a penalty for failure to post the notice;
23     and
24          ▸     makes technical and conforming changes.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:

28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          76-3-203.5, as last amended by Laws of Utah 2022, Chapters 181, 185 and 418
32          76-10-503, as last amended by Laws of Utah 2021, Chapter 262
33          76-10-522, as last amended by Laws of Utah 1993, Chapter 234
34          76-10-526, as last amended by Laws of Utah 2021, Chapters 166, 277
35          76-10-532, as last amended by Laws of Utah 2015, Chapter 37
36          76-10-1602, as last amended by Laws of Utah 2022, Chapters 181, 185
37     ENACTS:
38          76-10-527.5, Utah Code Annotated 1953

40     Be it enacted by the Legislature of the state of Utah:
41          Section 1. Section 76-3-203.5 is amended to read:
42          76-3-203.5. Habitual violent offender -- Definition -- Procedure -- Penalty.
43          (1) As used in this section:
44          (a) "Felony" means any violation of a criminal statute of the state, any other state, the
45     United States, or any district, possession, or territory of the United States for which the
46     maximum punishment the offender may be subjected to exceeds one year in prison.
47          (b) "Habitual violent offender" means a person convicted within the state of any violent
48     felony and who on at least two previous occasions has been convicted of a violent felony and
49     committed to either prison in Utah or an equivalent correctional institution of another state or
50     of the United States either at initial sentencing or after revocation of probation.
51          (c) "Violent felony" means:
52          (i) any of the following offenses, or any attempt, solicitation, or conspiracy to commit
53     any of the following offenses punishable as a felony:
54          (A) aggravated arson, arson, knowingly causing a catastrophe, and criminal mischief,
55     Chapter 6, Part 1, Property Destruction;
56          (B) assault by prisoner, Section 76-5-102.5;
57          (C) disarming a police officer, Section 76-5-102.8;
58          (D) aggravated assault, Section 76-5-103;

59          (E) aggravated assault by prisoner, Section 76-5-103.5;
60          (F) mayhem, Section 76-5-105;
61          (G) stalking, Subsection 76-5-106.5(2);
62          (H) threat of terrorism, Section 76-5-107.3;
63          (I) aggravated child abuse, Subsection 76-5-109.2(3)(a) or (b);
64          (J) commission of domestic violence in the presence of a child, Section 76-5-114;
65          (K) abuse or neglect of a child with a disability, Section 76-5-110;
66          (L) abuse or exploitation of a vulnerable adult, Section 76-5-111, 76-5-111.2,
67     76-5-111.3, or 76-5-111.4;
68          (M) endangerment of a child or vulnerable adult, Section 76-5-112.5;
69          (N) criminal homicide offenses under Chapter 5, Part 2, Criminal Homicide;
70          (O) kidnapping, child kidnapping, and aggravated kidnapping under Chapter 5, Part 3,
71     Kidnapping, Trafficking, and Smuggling;
72          (P) rape, Section 76-5-402;
73          (Q) rape of a child, Section 76-5-402.1;
74          (R) object rape, Section 76-5-402.2;
75          (S) object rape of a child, Section 76-5-402.3;
76          (T) forcible sodomy, Section 76-5-403;
77          (U) sodomy on a child, Section 76-5-403.1;
78          (V) forcible sexual abuse, Section 76-5-404;
79          (W) sexual abuse of a child, Section 76-5-404.1, or aggravated sexual abuse of a child,
80     Section 76-5-404.3;
81          (X) aggravated sexual assault, Section 76-5-405;
82          (Y) sexual exploitation of a minor, Section 76-5b-201;
83          (Z) aggravated sexual exploitation of a minor, Section 76-5b-201.1;
84          (AA) sexual exploitation of a vulnerable adult, Section 76-5b-202;
85          (BB) aggravated burglary and burglary of a dwelling under Chapter 6, Part 2, Burglary
86     and Criminal Trespass;
87          (CC) aggravated robbery and robbery under Chapter 6, Part 3, Robbery;
88          (DD) theft by extortion under Subsection 76-6-406(2)(a) or (b);
89          (EE) tampering with a witness under Subsection 76-8-508(1);

90          (FF) retaliation against a witness, victim, or informant under Section 76-8-508.3;
91          (GG) tampering with a juror under Subsection 76-8-508.5(2)(c);
92          (HH) extortion to dismiss a criminal proceeding under Section 76-8-509 if by any
93     threat or by use of force theft by extortion has been committed pursuant to Subsections
94     76-6-406(2)(a), (b), and (i);
95          (II) possession, use, or removal of explosive, chemical, or incendiary devices under
96     Subsections 76-10-306(3) through (6);
97          (JJ) unlawful delivery of explosive, chemical, or incendiary devices under Section
98     76-10-307;
99          (KK) purchase or possession of a dangerous weapon or handgun or ammunition by a
100     restricted person under Section 76-10-503;
101          (LL) unlawful discharge of a firearm under Section 76-10-508;
102          (MM) aggravated exploitation of prostitution under Subsection 76-10-1306(1)(a);
103          (NN) bus hijacking under Section 76-10-1504; and
104          (OO) discharging firearms and hurling missiles under Section 76-10-1505; or
105          (ii) any felony violation of a criminal statute of any other state, the United States, or
106     any district, possession, or territory of the United States which would constitute a violent
107     felony as defined in this Subsection (1) if committed in this state.
108          (2) If a person is convicted in this state of a violent felony by plea or by verdict and the
109     trier of fact determines beyond a reasonable doubt that the person is a habitual violent offender
110     under this section, the penalty for a:
111          (a) third degree felony is as if the conviction were for a first degree felony;
112          (b) second degree felony is as if the conviction were for a first degree felony; or
113          (c) first degree felony remains the penalty for a first degree penalty except:
114          (i) the convicted person is not eligible for probation; and
115          (ii) the Board of Pardons and Parole shall consider that the convicted person is a
116     habitual violent offender as an aggravating factor in determining the length of incarceration.
117          (3) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall
118     provide notice in the information or indictment that the defendant is subject to punishment as a
119     habitual violent offender under this section. Notice shall include the case number, court, and
120     date of conviction or commitment of any case relied upon by the prosecution.

121          (b) (i) The defendant shall serve notice in writing upon the prosecutor if the defendant
122     intends to deny that:
123          (A) the defendant is the person who was convicted or committed;
124          (B) the defendant was represented by counsel or had waived counsel; or
125          (C) the defendant's plea was understandingly or voluntarily entered.
126          (ii) The notice of denial shall be served not later than five days prior to trial and shall
127     state in detail the defendant's contention regarding the previous conviction and commitment.
128          (4) (a) If the defendant enters a denial under Subsection (3)(b) and if the case is tried to
129     a jury, the jury may not be told, until after [it] the jury returns [its] the jury's verdict on the
130     underlying felony charge, of the:
131          (i) defendant's previous convictions for violent felonies, except as otherwise provided
132     in the Utah Rules of Evidence; or
133          (ii) allegation against the defendant of being a habitual violent offender.
134          (b) If the jury's verdict is guilty, the defendant shall be tried regarding the allegation of
135     being an habitual violent offender by the same jury, if practicable, unless the defendant waives
136     the jury, in which case the allegation shall be tried immediately to the court.
137          (c) (i) Before or at the time of sentencing the trier of fact shall determine if this section
138     applies.
139          (ii) The trier of fact shall consider any evidence presented at trial and the prosecution
140     and the defendant shall be afforded an opportunity to present any necessary additional
141     evidence.
142          (iii) Before sentencing under this section, the trier of fact shall determine whether this
143     section is applicable beyond a reasonable doubt.
144          (d) If any previous conviction and commitment is based upon a plea of guilty or no
145     contest, there is a rebuttable presumption that the conviction and commitment were regular and
146     lawful in all respects if the conviction and commitment occurred after January 1, 1970. If the
147     conviction and commitment occurred prior to January 1, 1970, the burden is on the prosecution
148     to establish by a preponderance of the evidence that the defendant was then represented by
149     counsel or had lawfully waived the right to have counsel present, and that the defendant's plea
150     was understandingly and voluntarily entered.
151          (e) If the trier of fact finds this section applicable, the court shall enter that specific

152     finding on the record and shall indicate in the order of judgment and commitment that the
153     defendant has been found by the trier of fact to be a habitual violent offender and is sentenced
154     under this section.
155          (5) (a) The sentencing enhancement provisions of Section 76-3-407 supersede the
156     provisions of this section.
157          (b) Notwithstanding Subsection (5)(a), the "violent felony" offense defined in
158     Subsection (1)(c) shall include any felony sexual offense violation of Chapter 5, Part 4, Sexual
159     Offenses, to determine if the convicted person is a habitual violent offender.
160          (6) The sentencing enhancement described in this section does not apply if:
161          (a) the offense for which the person is being sentenced is:
162          (i) a grievous sexual offense;
163          (ii) child kidnapping, Section 76-5-301.1;
164          (iii) aggravated kidnapping, Section 76-5-302; or
165          (iv) forcible sexual abuse, Section 76-5-404; and
166          (b) applying the sentencing enhancement provided for in this section would result in a
167     lower maximum penalty than the penalty provided for under the section that describes the
168     offense for which the person is being sentenced.
169          Section 2. Section 76-10-503 is amended to read:
170          76-10-503. Restrictions on possession, purchase, transfer, and ownership of
171     dangerous weapons or ammunition by certain persons -- Exceptions.
172          (1) [For purposes of] As used in this section:
173          (a) "Ammunition" means a live round with a projectile, designed for use in and capable
174     of being fired from a firearm.
175          [(a)] (b) A Category I restricted person is a person who:
176          (i) has been convicted of any violent felony as defined in Section 76-3-203.5;
177          (ii) is on probation or parole for any felony;
178          (iii) is on parole from secure care, as defined in Section 80-1-102;
179          (iv) within the last 10 years has been adjudicated under Section 80-6-701 for an offense
180     which if committed by an adult would have been a violent felony as defined in Section
181     76-3-203.5;
182          (v) is an alien who is illegally or unlawfully in the United States; or

183          (vi) is on probation for a conviction of possessing:
184          (A) a substance classified in Section 58-37-4 as a Schedule I or II controlled substance;
185          (B) a controlled substance analog; or
186          (C) a substance listed in Section 58-37-4.2.
187          [(b)] (c) A Category II restricted person is a person who:
188          (i) has been convicted of any felony;
189          (ii) within the last seven years has been adjudicated delinquent for an offense which if
190     committed by an adult would have been a felony;
191          (iii) is an unlawful user of a controlled substance as defined in Section 58-37-2;
192          (iv) is in possession of a dangerous weapon and is knowingly and intentionally in
193     unlawful possession of a Schedule I or II controlled substance as defined in Section 58-37-2;
194          (v) has been found not guilty by reason of insanity for a felony offense;
195          (vi) has been found mentally incompetent to stand trial for a felony offense;
196          (vii) has been adjudicated as mentally defective as provided in the Brady Handgun
197     Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed
198     to a mental institution;
199          (viii) has been dishonorably discharged from the armed forces;
200          (ix) has renounced the individual's citizenship after having been a citizen of the United
201     States;
202          (x) is a respondent or defendant subject to a protective order or child protective order
203     that is issued after a hearing for which the respondent or defendant received actual notice and at
204     which the respondent or defendant has an opportunity to participate, that restrains the
205     respondent or defendant from harassing, stalking, threatening, or engaging in other conduct that
206     would place an intimate partner, as defined in 18 U.S.C. Sec. 921, or a child of the intimate
207     partner, in reasonable fear of bodily injury to the intimate partner or child of the intimate
208     partner, and that:
209          (A) includes a finding that the respondent or defendant represents a credible threat to
210     the physical safety of an individual who meets the definition of an intimate partner in 18 U.S.C.
211     Sec. 921 or the child of the individual; or
212          (B) explicitly prohibits the use, attempted use, or threatened use of physical force that
213     would reasonably be expected to cause bodily harm against an intimate partner or the child of

214     an intimate partner; or
215          (xi) has been convicted of the commission or attempted commission of assault under
216     Section 76-5-102 or aggravated assault under Section 76-5-103 against a current or former
217     spouse, parent, guardian, individual with whom the restricted person shares a child in common,
218     individual who is cohabitating or has cohabitated with the restricted person as a spouse, parent,
219     or guardian, or against an individual similarly situated to a spouse, parent, or guardian of the
220     restricted person.
221          [(c)] (d) As used in this section, a conviction of a felony or adjudication of delinquency
222     for an offense which would be a felony if committed by an adult does not include:
223          (i) a conviction or an adjudication under Section 80-6-701 for an offense pertaining to
224     antitrust violations, unfair trade practices, restraint of trade, or other similar offenses relating to
225     the regulation of business practices not involving theft or fraud; or
226          (ii) a conviction or an adjudication under Section 80-6-701 which, according to the law
227     of the jurisdiction in which it occurred, has been expunged, set aside, reduced to a
228     misdemeanor by court order, pardoned or regarding which the person's civil rights have been
229     restored unless the pardon, reduction, expungement, or restoration of civil rights expressly
230     provides that the person may not ship, transport, possess, or receive firearms.
231          [(d)] (e) It is the burden of the defendant in a criminal case to provide evidence that a
232     conviction or an adjudication under Section 80-6-701 is subject to an exception provided in
233     Subsection [(1)(c)] (1)(d), after which it is the burden of the state to prove beyond a reasonable
234     doubt that the conviction or the adjudication is not subject to that exception.
235          (2) A Category I restricted person who intentionally or knowingly agrees, consents,
236     offers, or arranges to purchase, transfer, possess, use, or have under the person's custody or
237     control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under
238     the person's custody or control:
239          (a) any firearm or ammunition is guilty of a second degree felony; or
240          (b) any dangerous weapon other than a firearm is guilty of a third degree felony.
241          (3) A Category II restricted person who intentionally or knowingly purchases, transfers,
242     possesses, uses, or has under the person's custody or control:
243          (a) any firearm or ammunition is guilty of a third degree felony; or
244          (b) any dangerous weapon other than a firearm is guilty of a class A misdemeanor.

245          (4) A person may be subject to the restrictions of both categories at the same time.
246          (5) If a higher penalty than is prescribed in this section is provided in another section
247     for one who purchases, transfers, possesses, uses, or has under this custody or control any
248     dangerous weapon or ammunition, the penalties of that section control.
249          (6) It is an affirmative defense to a charge based on the definition in Subsection
250     [(1)(b)(iv)] (1)(c)(iv) that the person was:
251          (a) in possession of a controlled substance [pursuant to] under a lawful order of a
252     practitioner for use of a member of the person's household or for administration to an animal
253     owned by the person or a member of the person's household; or
254          (b) otherwise authorized by law to possess the substance.
255          (7) (a) It is an affirmative defense to transferring a firearm or other dangerous weapon
256     or ammunition by a person restricted under Subsection (2) or (3) that the firearm [or] ,
257     dangerous weapon, or ammunition:
258          (i) was possessed by the person or was under the person's custody or control before the
259     person became a restricted person;
260          (ii) was not used in or possessed during the commission of a crime or subject to
261     disposition under Section 24-3-103;
262          (iii) is not being held as evidence by a court or law enforcement agency;
263          (iv) was transferred to a person not legally prohibited from possessing the firearm or
264     other dangerous weapon or ammunition; and
265          (v) unless a different time is ordered by the court, was transferred within 10 days of the
266     person becoming a restricted person.
267          (b) Subsection (7)(a) is not a defense to the use, purchase, or possession on the person
268     of a firearm or other dangerous weapon or ammunition by a restricted person.
269          (8) (a) A person may not sell, transfer, or otherwise dispose of any firearm or other
270     dangerous weapon or ammunition to any person, knowing that the recipient is a person
271     described in Subsection [(1)(a) or (b)] (1)(b) or (c).
272          (b) A person who violates Subsection (8)(a) when the recipient is:
273          (i) a person described in Subsection [(1)(a)] (1)(b) and the transaction involves a
274     firearm or ammunition, is guilty of a second degree felony;
275          (ii) a person described in Subsection [(1)(a)] (1)(b) and the transaction involves any

276     dangerous weapon other than a firearm, and the transferor has knowledge that the recipient
277     intends to use the weapon for any unlawful purpose, is guilty of a third degree felony;
278          (iii) a person described in Subsection [(1)(b)] (1)(c) and the transaction involves a
279     firearm or ammunition, is guilty of a third degree felony; or
280          (iv) a person described in Subsection [(1)(b)] (1)(c) and the transaction involves any
281     dangerous weapon other than a firearm, and the transferor has knowledge that the recipient
282     intends to use the dangerous weapon for any unlawful purpose, is guilty of a class A
283     misdemeanor.
284          (9) (a) As used in this Subsection (9), "materially false information" means information
285     that portrays an illegal transaction as legal or a legal transaction as illegal.
286          [(a)] (b) A person may not knowingly solicit, persuade, encourage or entice a dealer or
287     other person to sell, transfer or otherwise dispose of a firearm or other dangerous weapon or
288     ammunition under circumstances which the person knows would be a violation of the law.
289          [(b)] (c) A person may not provide to a dealer or other person any information that the
290     person knows to be materially false information with intent to deceive the dealer or other
291     person about the legality of a sale, transfer or other disposition of a firearm or other dangerous
292     weapon or ammunition.
293          [(c)] (d) "Materially false information" means information that portrays an illegal
294     transaction as legal or a legal transaction as illegal.
295          [(d)] (e) A person who violates this Subsection (9) is guilty of:
296          (i) a third degree felony if the transaction involved a firearm or ammunition; or
297          (ii) a class A misdemeanor if the transaction involved a dangerous weapon other than a
298     firearm.
299          Section 3. Section 76-10-522 is amended to read:
300          76-10-522. Alteration of number or mark on firearm -- Possession of firearm that
301     has been altered.
302               (1) Any person who changes, alters, removes, or obliterates the name of the
303     maker, the model, manufacturer's number, or other mark of identification, including any
304     distinguishing number or mark assigned by the Department of Public Safety, on any [pistol or
305     revolver] firearm, without first having secured written permission from the Department of
306     Public Safety to make the change, alteration, or removal, is guilty of a class A misdemeanor.

307          (2) Any person who is found in possession of a firearm that has been altered as
308     described in Subsection (1) is guilty of a class A misdemeanor.
309          Section 4. Section 76-10-526 is amended to read:
310          76-10-526. Criminal background check prior to purchase of a firearm -- Fee --
311     Exemption for concealed firearm permit holders and law enforcement officers.
312          (1) For purposes of this section, "valid permit to carry a concealed firearm" does not
313     include a temporary permit issued under Section 53-5-705.
314          (2) (a) To establish personal identification and residence in this state for purposes of
315     this part, a dealer shall require an individual receiving a firearm to present one photo
316     identification on a form issued by a governmental agency of the state.
317          (b) A dealer may not accept a driving privilege card issued under Section 53-3-207 as
318     proof of identification for the purpose of establishing personal identification and residence in
319     this state as required under this Subsection (2).
320          (3) (a) A criminal history background check is required for the sale of a firearm by a
321     licensed firearm dealer in the state.
322          (b) Subsection (3)(a) does not apply to the sale of a firearm to a Federal Firearms
323     Licensee.
324          (4) (a) An individual purchasing a firearm from a dealer shall consent in writing to a
325     criminal background check, on a form provided by the bureau.
326          (b) The form shall contain the following information:
327          (i) the dealer identification number;
328          (ii) the name and address of the individual receiving the firearm;
329          (iii) the date of birth, height, weight, eye color, and hair color of the individual
330     receiving the firearm; and
331          (iv) the social security number or any other identification number of the individual
332     receiving the firearm.
333          (5) (a) The dealer shall send the information required by Subsection (4) to the bureau
334     immediately upon its receipt by the dealer.
335          (b) A dealer may not sell or transfer a firearm to an individual until the dealer has
336     provided the bureau with the information in Subsection (4) and has received approval from the
337     bureau under Subsection (7).

338          (6) The dealer shall make a request for criminal history background information by
339     telephone or other electronic means to the bureau and shall receive approval or denial of the
340     inquiry by telephone or other electronic means.
341          (7) When the dealer calls for or requests a criminal history background check, the
342     bureau shall:
343          (a) review the criminal history files, including juvenile court records, and the
344     temporary restricted file created under Section 53-5c-301, to determine if the individual is
345     prohibited from purchasing, possessing, or transferring a firearm by state or federal law;
346          (b) inform the dealer that:
347          (i) the records indicate the individual is prohibited; or
348          (ii) the individual is approved for purchasing, possessing, or transferring a firearm;
349          (c) provide the dealer with a unique transaction number for that inquiry; and
350          (d) provide a response to the requesting dealer during the call for a criminal
351     background check, or by return call, or other electronic means, without delay, except in case of
352     electronic failure or other circumstances beyond the control of the bureau, the bureau shall
353     advise the dealer of the reason for the delay and give the dealer an estimate of the length of the
354     delay.
355          (8) (a) The bureau may not maintain any records of the criminal history background
356     check longer than 20 days from the date of the dealer's request, if the bureau determines that
357     the individual receiving the firearm is not prohibited from purchasing, possessing, or
358     transferring the firearm under state or federal law.
359          (b) However, the bureau shall maintain a log of requests containing the dealer's federal
360     firearms number, the transaction number, and the transaction date for a period of 12 months.
361          (9) (a) If the criminal history background check discloses information indicating that
362     the individual attempting to purchase the firearm is prohibited from purchasing, possessing, or
363     transferring a firearm, the bureau shall:
364          (i) within 30 minutes of determining the purchaser is prohibited from purchasing,
365     possessing, or transferring a firearm, and before informing the dealer as described in
366     Subsection (7)(b), notify the law enforcement agency with jurisdiction where the dealer is
367     located; and
368          (ii) inform the law enforcement agency in the jurisdiction where the individual resides.

369          (b) Subsection (9)(a) does not apply to an individual prohibited from purchasing a
370     firearm solely due to placement on the temporary restricted list under Section 53-5c-301.
371          (c) A law enforcement agency that receives information from the bureau under
372     Subsection (9)(a) shall provide a report before August 1 of each year to the bureau that
373     includes:
374          (i) based on the information the bureau provides to the law enforcement agency under
375     Subsection (9)(a), the number of cases that involve an individual who is prohibited from
376     purchasing, possessing, or transferring a firearm as a result of a conviction for an offense
377     involving domestic violence; and
378          (ii) of the cases described in Subsection (9)(c)(i):
379          (A) the number of cases the law enforcement agency investigates; and
380          (B) the number of cases the law enforcement agency investigates that result in a
381     criminal charge.
382          (d) The bureau shall:
383          (i) compile the information from the reports described in Subsection (9)(c);
384          (ii) omit or redact any identifying information in the compilation; and
385          (iii) submit the compilation to the Law Enforcement and Criminal Justice Interim
386     Committee before November 1 of each year.
387          (10) If an individual is denied the right to purchase a firearm under this section, the
388     individual may review the individual's criminal history information and may challenge or
389     amend the information as provided in Section 53-10-108.
390          (11) The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah
391     Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all
392     records provided by the bureau under this part are in conformance with the requirements of the
393     Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
394          (12) (a) A dealer shall collect a criminal history background check fee for the sale of a
395     firearm under this section.
396          (b) The fee described under Subsection (12)(a) remains in effect until changed by the
397     bureau through the process described in Section 63J-1-504.
398          (c) (i) The dealer shall forward at one time all fees collected for criminal history
399     background checks performed during the month to the bureau by the last day of the month

400     following the sale of a firearm.
401          (ii) The bureau shall deposit the fees in the General Fund as dedicated credits to cover
402     the cost of administering and conducting the criminal history background check program.
403          (13) An individual with a concealed firearm permit issued under Title 53, Chapter 5,
404     Part 7, Concealed Firearm Act, is exempt from the background check and corresponding fee
405     required in this section for the purchase of a firearm if:
406          (a) the individual presents the individual's concealed firearm permit to the dealer prior
407     to purchase of the firearm; and
408          (b) the dealer verifies with the bureau that the individual's concealed firearm permit is
409     valid.
410          (14) (a) A law enforcement officer, as defined in Section 53-13-103, is exempt from
411     the background check fee required in this section for the purchase of a personal firearm to be
412     carried while off-duty if the law enforcement officer verifies current employment by providing
413     a letter of good standing from the officer's commanding officer and current law enforcement
414     photo identification.
415          (b) Subsection (14)(a) may only be used by a law enforcement officer to purchase a
416     personal firearm once in a 24-month period.
417          (15) A dealer engaged in the business of selling, leasing, or otherwise transferring any
418     firearm shall:
419          (a) [make] distribute the firearm safety brochure described in Subsection
420     62A-15-103(3) [available] to a customer free of charge at the time of the transfer of a firearm;
421     and
422          (b) at the time of purchase, distribute a cable-style gun lock provided to the dealer
423     under Subsection 62A-15-103(3) to a customer purchasing a shotgun, short barreled shotgun,
424     short barreled rifle, rifle, or another firearm that federal law does not require be accompanied
425     by a gun lock at the time of purchase.
426          Section 5. Section 76-10-527.5 is enacted to read:
427          76-10-527.5. Dealer requirement for storage warning -- Penalty.
428          (1) (a) A dealer shall conspicuously post the following written warning at a purchase

432          (b) A dealer shall print the written warning described in Subsection (1)(a) on yellow
433     paper in black, capital letters using Arial, Calibri, Cambria, or Times New Roman in no
434     smaller than 35-point font.
435          (2) A dealer who violates Subsection (1) is guilty of a class C misdemeanor.
436          Section 6. Section 76-10-532 is amended to read:
437          76-10-532. Removal from National Instant Check System database.
438          (1) A person who is subject to the restrictions in Subsection [76-10-503(1)(b)(v)]
439     76-10-503(1)(c)(v), (vi), or (vii), or 18 U.S.C. 922(d)(4) and (g)(4) based on a commitment,
440     finding, or adjudication that occurred in this state may petition the district court in the county in
441     which the commitment, finding, or adjudication occurred to remove the disability imposed.
442          (2) The petition shall be filed in the district court in the county where the commitment,
443     finding, or adjudication occurred. The petition shall include:
444          (a) a listing of facilities, with their addresses, where the petitioner has ever received
445     mental health treatment;
446          (b) a release signed by the petitioner to allow the prosecutor or county attorney to
447     obtain the petitioner's mental health records;
448          (c) a verified report of a mental health evaluation conducted by a licensed psychiatrist
449     occurring within 30 days prior to the filing of the petition, which shall include a statement
450     regarding:
451          (i) the nature of the commitment, finding, or adjudication that resulted in the restriction
452     on the petitioner's ability to purchase or possess a dangerous weapon;
453          (ii) the petitioner's previous and current mental health treatment;
454          (iii) the petitioner's previous violent behavior, if any;
455          (iv) the petitioner's current mental health medications and medication management;
456          (v) the length of time the petitioner has been stable;
457          (vi) external factors that may influence the petitioner's stability;
458          (vii) the ability of the petitioner to maintain stability with or without medication; and
459          (viii) whether the petitioner is dangerous to public safety; and
460          (d) a copy of the petitioner's state and federal criminal history record.
461          (3) The petitioner shall serve the petition on the prosecuting entity that prosecuted the

462     case or, if the disability is not based on a criminal case, on the county or district attorney's
463     office having jurisdiction where the petition was filed and the individual who filed the original
464     action which resulted in the disability.
465          (4) The court shall schedule a hearing as soon as practicable. The petitioner may
466     present evidence and subpoena witnesses to appear at the hearing. The prosecuting, county
467     attorney, or the individual who filed the original action which resulted in the disability may
468     object to the petition and present evidence in support of the objection.
469          (5) The court shall consider the following evidence:
470          (a) the facts and circumstances that resulted in the commitment, finding, or
471     adjudication;
472          (b) the person's mental health and criminal history records; and
473          (c) the person's reputation, including the testimony of character witnesses.
474          (6) The court shall grant the relief if the court finds by clear and convincing evidence
475     that:
476          (a) the person is not a danger to the person or to others;
477          (b) the person is not likely to act in a manner dangerous to public safety; and
478          (c) the requested relief would not be contrary to the public interest.
479          (7) The court shall issue an order with its findings and send a copy to the bureau.
480          (8) The bureau, upon receipt of a court order removing a person's disability under
481     Subsection [76-10-503(1)(b)(vii)] 76-10-503(1)(c)(vii), shall send a copy of the court order to
482     the National Instant Check System requesting removal of the person's name from the database.
483     In addition, if the person is listed in a state database utilized by the bureau to determine
484     eligibility for the purchase or possession of a firearm or to obtain a concealed firearm permit,
485     the bureau shall remove the petitioner's name or send a copy of the court's order to the agency
486     responsible for the database for removal of the petitioner's name.
487          (9) If the court denies the petition, the petitioner may not petition again for relief until
488     at least two years after the date of the court's final order.
489          (10) The petitioner may appeal a denial of the requested relief. The review on appeal
490     shall be de novo.
491          Section 7. Section 76-10-1602 is amended to read:
492          76-10-1602. Definitions.

493          As used in this part:
494          (1) "Enterprise" means any individual, sole proprietorship, partnership, corporation,
495     business trust, association, or other legal entity, and any union or group of individuals
496     associated in fact although not a legal entity, and includes illicit as well as licit entities.
497          (2) "Pattern of unlawful activity" means engaging in conduct which constitutes the
498     commission of at least three episodes of unlawful activity, which episodes are not isolated, but
499     have the same or similar purposes, results, participants, victims, or methods of commission, or
500     otherwise are interrelated by distinguishing characteristics. Taken together, the episodes shall
501     demonstrate continuing unlawful conduct and be related either to each other or to the
502     enterprise. At least one of the episodes comprising a pattern of unlawful activity shall have
503     occurred after July 31, 1981. The most recent act constituting part of a pattern of unlawful
504     activity as defined by this part shall have occurred within five years of the commission of the
505     next preceding act alleged as part of the pattern.
506          (3) "Person" includes any individual or entity capable of holding a legal or beneficial
507     interest in property, including state, county, and local governmental entities.
508          (4) "Unlawful activity" means to directly engage in conduct or to solicit, request,
509     command, encourage, or intentionally aid another person to engage in conduct which would
510     constitute any offense described by the following crimes or categories of crimes, or to attempt
511     or conspire to engage in an act which would constitute any of those offenses, regardless of
512     whether the act is in fact charged or indicted by any authority or is classified as a misdemeanor
513     or a felony:
514          (a) any act prohibited by the criminal provisions of Title 13, Chapter 10, Unauthorized
515     Recording Practices Act;
516          (b) any act prohibited by the criminal provisions of Title 19, Environmental Quality
517     Code, Sections 19-1-101 through 19-7-109;
518          (c) taking, destroying, or possessing wildlife or parts of wildlife for the primary
519     purpose of sale, trade, or other pecuniary gain, in violation of Title 23, Wildlife Resources
520     Code of Utah, or Section 23-20-4;
521          (d) false claims for medical benefits, kickbacks, and any other act prohibited by Title
522     26, Chapter 20, Utah False Claims Act, Sections 26-20-1 through 26-20-12;
523          (e) any act prohibited by the criminal provisions of Title 32B, Chapter 4, Criminal

524     Offenses and Procedure Act;
525          (f) any act prohibited by the criminal provisions of Title 57, Chapter 11, Utah Uniform
526     Land Sales Practices Act;
527          (g) any act prohibited by the criminal provisions of Title 58, Chapter 37, Utah
528     Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act,
529     Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58, Chapter 37d,
530     Clandestine Drug Lab Act;
531          (h) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
532     Securities Act;
533          (i) any act prohibited by the criminal provisions of Title 63G, Chapter 6a, Utah
534     Procurement Code;
535          (j) assault or aggravated assault, Sections 76-5-102 and 76-5-103;
536          (k) a threat of terrorism, Section 76-5-107.3;
537          (l) a criminal homicide offense, as described in Section 76-5-201;
538          (m) kidnapping or aggravated kidnapping, Sections 76-5-301 and 76-5-302;
539          (n) human trafficking, human trafficking of a child, human smuggling, or aggravated
540     human trafficking, Sections 76-5-308, 76-5-308.1, 76-5-308.3, 76-5-308.5, 76-5-309, and
541     76-5-310;
542          (o) sexual exploitation of a minor or aggravated sexual exploitation of a minor,
543     Sections 76-5b-201 and 76-5b-201.1;
544          (p) arson or aggravated arson, Sections 76-6-102 and 76-6-103;
545          (q) causing a catastrophe, Section 76-6-105;
546          (r) burglary or aggravated burglary, Sections 76-6-202 and 76-6-203;
547          (s) burglary of a vehicle, Section 76-6-204;
548          (t) manufacture or possession of an instrument for burglary or theft, Section 76-6-205;
549          (u) robbery or aggravated robbery, Sections 76-6-301 and 76-6-302;
550          (v) theft, Section 76-6-404;
551          (w) theft by deception, Section 76-6-405;
552          (x) theft by extortion, Section 76-6-406;
553          (y) receiving stolen property, Section 76-6-408;
554          (z) theft of services, Section 76-6-409;

555          (aa) forgery, Section 76-6-501;
556          (bb) fraudulent use of a credit card, Sections 76-6-506.2, 76-6-506.3, 76-6-506.5, and
557     76-6-506.6;
558          (cc) deceptive business practices, Section 76-6-507;
559          (dd) bribery or receiving bribe by person in the business of selection, appraisal, or
560     criticism of goods, Section 76-6-508;
561          (ee) bribery of a labor official, Section 76-6-509;
562          (ff) defrauding creditors, Section 76-6-511;
563          (gg) acceptance of deposit by insolvent financial institution, Section 76-6-512;
564          (hh) unlawful dealing with property by fiduciary, Section 76-6-513;
565          (ii) bribery or threat to influence contest, Section 76-6-514;
566          (jj) making a false credit report, Section 76-6-517;
567          (kk) criminal simulation, Section 76-6-518;
568          (ll) criminal usury, Section 76-6-520;
569          (mm) fraudulent insurance act, Section 76-6-521;
570          (nn) retail theft, Section 76-6-602;
571          (oo) computer crimes, Section 76-6-703;
572          (pp) identity fraud, Section 76-6-1102;
573          (qq) mortgage fraud, Section 76-6-1203;
574          (rr) sale of a child, Section 76-7-203;
575          (ss) bribery to influence official or political actions, Section 76-8-103;
576          (tt) threats to influence official or political action, Section 76-8-104;
577          (uu) receiving bribe or bribery by public servant, Section 76-8-105;
578          (vv) receiving bribe or bribery for endorsement of person as public servant, Section
579     76-8-106;
580          (ww) official misconduct, Sections 76-8-201 and 76-8-202;
581          (xx) obstruction of justice, Section 76-8-306;
582          (yy) acceptance of bribe or bribery to prevent criminal prosecution, Section 76-8-308;
583          (zz) false or inconsistent material statements, Section 76-8-502;
584          (aaa) false or inconsistent statements, Section 76-8-503;
585          (bbb) written false statements, Section 76-8-504;

586          (ccc) tampering with a witness or soliciting or receiving a bribe, Section 76-8-508;
587          (ddd) retaliation against a witness, victim, or informant, Section 76-8-508.3;
588          (eee) extortion or bribery to dismiss criminal proceeding, Section 76-8-509;
589          (fff) tampering with evidence, Section 76-8-510.5;
590          (ggg) falsification or alteration of government record, Section 76-8-511, if the record is
591     a record described in Title 20A, Election Code, Title 36, Chapter 11, Lobbyist Disclosure and
592     Regulation Act[, or Title 36, Chapter 11a, Local Government and Board of Education Lobbyist
593     Disclosure and Regulation Act];
594          (hhh) public assistance fraud in violation of Section 76-8-1203, 76-8-1204, or
595     76-8-1205;
596          (iii) unemployment insurance fraud, Section 76-8-1301;
597          (jjj) intentionally or knowingly causing one animal to fight with another, Subsection
598     76-9-301(2)(d) or (e), or Section 76-9-301.1;
599          (kkk) possession, use, or removal of explosives, chemical, or incendiary devices or
600     parts, Section 76-10-306;
601          (lll) delivery to common carrier, mailing, or placement on premises of an incendiary
602     device, Section 76-10-307;
603          (mmm) possession of a deadly weapon with intent to assault, Section 76-10-507;
604          (nnn) unlawful marking of pistol or revolver, Section 76-10-521;
605          (ooo) alteration of number or mark on pistol or revolver or possession of firearm that
606     has been altered, Section 76-10-522;
607          (ppp) forging or counterfeiting trademarks, trade name, or trade device, Section
608     76-10-1002;
609          (qqq) selling goods under counterfeited trademark, trade name, or trade devices,
610     Section 76-10-1003;
611          (rrr) sales in containers bearing registered trademark of substituted articles, Section
612     76-10-1004;
613          (sss) selling or dealing with article bearing registered trademark or service mark with
614     intent to defraud, Section 76-10-1006;
615          (ttt) gambling, Section 76-10-1102;
616          (uuu) gambling fraud, Section 76-10-1103;

617          (vvv) gambling promotion, Section 76-10-1104;
618          (www) possessing a gambling device or record, Section 76-10-1105;
619          (xxx) confidence game, Section 76-10-1109;
620          (yyy) distributing pornographic material, Section 76-10-1204;
621          (zzz) inducing acceptance of pornographic material, Section 76-10-1205;
622          (aaaa) dealing in harmful material to a minor, Section 76-10-1206;
623          (bbbb) distribution of pornographic films, Section 76-10-1222;
624          (cccc) indecent public displays, Section 76-10-1228;
625          (dddd) prostitution, Section 76-10-1302;
626          (eeee) aiding prostitution, Section 76-10-1304;
627          (ffff) exploiting prostitution, Section 76-10-1305;
628          (gggg) aggravated exploitation of prostitution, Section 76-10-1306;
629          (hhhh) communications fraud, Section 76-10-1801;
630          (iiii) any act prohibited by the criminal provisions of Part 19, Money Laundering and
631     Currency Transaction Reporting Act;
632          (jjjj) vehicle compartment for contraband, Section 76-10-2801;
633          (kkkk) any act prohibited by the criminal provisions of the laws governing taxation in
634     this state; and
635          (llll) any act illegal under the laws of the United States and enumerated in 18 U.S.C.
636     Sec. 1961(1)(B), (C), and (D).