1     
VOLUNTARY FIREARM RESTRICTIONS AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: Michael S. Kennedy

6     

7     LONG TITLE
8     General Description:
9          This bill addresses provisions regarding voluntary firearm restrictions.
10     Highlighted Provisions:
11          This bill:
12          ▸     creates a voluntary firearm restricted list that allows an individual to request:
13               •     to be restricted from purchasing or possessing firearms indefinitely; and
14               •     removal from the list after 90 days;
15          ▸     directs the Bureau of Criminal Identification (bureau) to create a process for an
16     individual to request to be placed on or removed from the voluntary firearm
17     restricted list;
18          ▸     allows an individual seeking to be placed on a voluntary firearm restricted list to
19     direct the individual's health care provider to deliver the individual's forms for
20     inclusion on the list to the bureau;
21          ▸     directs that when the bureau receives a request from an individual to be removed
22     from a voluntary firearm restricted list, the bureau shall remove the individual after
23     a certain time period after the day on which the individual requests the removal;
24          ▸     removes the requirement for the bureau to enter the information received from an
25     individual requesting to be placed on a voluntary firearm restricted list into the
26     National Instant Criminal Background Check System; and
27          ▸     makes technical and conforming changes.
28     Money Appropriated in this Bill:
29          None
30     Other Special Clauses:
31          None
32     Utah Code Sections Affected:
33     AMENDS:
34          53-5c-102, as last amended by Laws of Utah 2021, Chapter 166
35          53-5c-301, as enacted by Laws of Utah 2021, Chapter 166
36     ENACTS:
37          53-5c-302, Utah Code Annotated 1953
38     REPEALS:
39          53-5c-101, as enacted by Laws of Utah 2013, Chapter 188
40     

41     Be it enacted by the Legislature of the state of Utah:
42          Section 1. Section 53-5c-102 is amended to read:
43          53-5c-102. Definitions.
44          As used in this [part] chapter:
45          (1) "Bureau" means the Bureau of Criminal Identification created in Section
46     53-10-201.
47          (2) "Cohabitant" means [a person] an individual who is 21 years [of age] old or older
48     who resides in the same residence as the other party.
49          (3) "Firearm" means a pistol, revolver, shotgun, short barrel shotgun, rifle or short
50     barrel rifle, or a device that could be used as a dangerous weapon from which is expelled a
51     projectile by action of an explosive.
52          (4) "Health care provider" means a person:
53          (a) who provides health care or professional services related to health care; and
54          (b) is acting within the scope of the person's license, certification, practice, education,
55     or training.
56          [(4)] (5) "Illegal firearm" means a firearm the ownership or possession of which is
57     prohibited under state or federal law.
58          [(5)] (6) "Law enforcement agency" means a municipal or county police agency or an
59     officer of that agency.
60          [(6)] (7) "Owner cohabitant" means a cohabitant who owns, in whole or in part, a
61     firearm.
62          [(7) "Public interest use" means:]
63          [(a) use by a government agency as determined by the legislative body of the agency's
64     jurisdiction; or]
65          [(b) donation to a bona fide charity.]
66          Section 2. Section 53-5c-301 is amended to read:
67          53-5c-301. Voluntary restrictions on firearm purchase and possession.
68          (1) An individual who is not a restricted person under Section 76-10-503 may
69     voluntarily request to be restricted from the purchase [and] or possession of firearms [through a
70     voluntary process].
71          (2) An individual requesting to be restricted under Subsection (1) may request
72     placement on one of the following restricted lists:
73          (a) a restricted list that:
74          (i) restricts the individual from purchasing or possessing a firearm for 180 days with
75     automatic removal of the individual from the restricted list at the end of the 180 days; and
76          (ii) allows the individual to request removal 30 days after the day on which the
77     individual is added to the restricted list; or
78          (b) a restricted list that:
79          (i) restricts the individual from purchasing or possessing a firearm indefinitely; and
80          (ii) allows the individual to request removal 90 days after the day on which the
81     individual is added to the restricted list.
82          [(2)] (3) (a) [The] Subject to Subsections (8) and (9), the bureau shall develop a
83     process and forms for inclusion on, and removal from, a [temporary] restricted list as described
84     in Subsection (2) to be maintained by the bureau.
85          (b) The bureau shall make the forms for inclusion and removal available by download
86     through the bureau's website and require, at a minimum, the following information for the
87     individual described in Subsection (1):
88          (i) name;
89          (ii) address;
90          (iii) date of birth;
91          (iv) contact information;
92          (v) [the] signature [of the individual]; and
93          (vi) (A) if the individual is entered on the restricted list as described in Subsection
94     (2)(a), an acknowledgment of the statement in Subsection [(8)] (8)(a); or
95          (B) if the individual is entered on the restricted list as described in Subsection (2)(b),
96     an acknowledgment of the statement in Subsection (8)(b).
97          [(3)] (4) (a) An individual requesting inclusion on [the temporary] a restricted list
98     under Subsection (2) shall:
99          (i) deliver the completed form in person to a law enforcement agency; or
100          (ii) direct the individual's health care provider under Section 53-5c-302 to
101     electronically deliver the individual's completed form to the bureau.
102          (b) The law enforcement agency described in Subsection [(3)(a):] (4)(a)(i):
103          (i) shall verify the individual's identity before accepting the form;
104          (ii) may not accept a form from someone other than the individual named on the form;
105     and
106          (iii) shall transmit the form electronically to the bureau through the Utah Criminal
107     Justice Information System.
108          [(4)] (5) Upon receipt of a verified form provided under this section or Section
109     53-5c-302 requesting inclusion on [the temporary] a restricted list, the bureau shall, within 24
110     hours[: (a)], add the individual's name to the restricted list[; and].
111          [(b) enter the information in the National Instant Criminal Background Check System
112     Indices, including:]
113          [(i) the date of the entry; and]
114          [(ii) that the restriction ends 180 days after the date of the entry.]
115          [(5) If the bureau does not receive a request for extension before the removal date, the
116     bureau shall remove the individual from the temporary restricted list.]
117          (6) (a) [An individual who is added to the temporary restricted list] For an individual
118     added to the restricted list described in Subsection (2)(a):
119          (i) the individual may not request removal from the restricted list unless the individual
120     has been on the restricted list for at least 30 days[.];
121          [(b)] (ii) [The] the bureau shall remove [an] the individual from the restricted list 180
122     days after the day on which the individual was added to the restricted list, unless the individual
123     [requests]:
124          (A) requests to be removed from the restricted list after 30 days;
125          (B) requests to remain on the restricted list[.]; or
126          (C) directs the individual's health care provider to request that the individual remain on
127     the restricted list;
128          [(c)] (iii) [Requests] a request for [extensions] an extension shall be made in the same
129     manner as the original request[.]; and
130          [(d)] (iv) [An] the individual may continue to request, or direct the individual's health
131     care provider to continue to request, extensions every 180 days.
132          (b) For an individual added to a restricted list under Subsection (2)(b), the individual:
133          (i) may not request removal from the restricted list unless the individual has been on
134     the restricted list for at least 90 days; and
135          (ii) shall remain on the restricted list, unless the bureau receives a request from the
136     individual to have the individual's name removed from the restricted list.
137          (7) If an individual restricted under this section is a concealed firearm permit holder,
138     the individual's permit shall be:
139          (a) suspended upon entry on the [temporary] restricted list; and
140          (b) reinstated upon removal from the restricted list, unless:
141          (i) the permit has been revoked, been suspended for a reason other than under this
142     section, or has expired; or
143          (ii) the individual has become a restricted person under Section 76-10-503.
144          (8) (a) The form for an individual seeking to be placed on the restricted list described
145     in Subsection (2)(a) shall have the following language prominently displayed before the
146     signature:
147     
ACKNOWLEDGMENT

148          "By presenting this completed form to a law enforcement agency, I understand that I am
149     requesting that my name be placed on a restricted list that restricts my ability to purchase or
150     possess firearms for a minimum of 30 days, and up to 6 months. I understand that by
151     voluntarily making myself a temporarily restricted person, I may not have a firearm in my
152     possession and any attempt to purchase a firearm while I am on the restricted list will be
153     declined. I also understand that any time after 30 days, I may request removal from the
154     [temporary] restricted list and all previous rights will be restored. In addition, if I am in
155     possession of a valid concealed firearm permit, my permit will be suspended during the time I
156     am on the restricted list, but will be reinstated upon my removal, unless the permit has expired,
157     been revoked, been suspended for another reason, or I become ineligible to possess a firearm.
158     Additionally, I acknowledge that if I possess a firearm or attempt to purchase a firearm while
159     outside Utah, I will be subject to the law of that location regarding restricted persons."
160          (b) The form for an individual seeking to be placed on the restricted list described in
161     Subsection (2)(b) shall have the following language prominently displayed before the
162     signature:
163     
ACKNOWLEDGMENT

164          "By presenting this completed form to a law enforcement agency, I understand that I am
165     requesting that my name be placed on a restricted list that restricts my ability to purchase or
166     possess firearms indefinitely. I understand that by voluntarily making myself a temporarily
167     restricted person, I may not have a firearm in my possession and any attempt to purchase a
168     firearm while I am on the restricted list will be declined. I also understand that any time after
169     90 days, I may request removal from the restricted list and all previous rights will be restored.
170     In addition, if I am in possession of a valid concealed firearm permit, my permit will be
171     suspended during the time I am on the restricted list, but will be reinstated upon my removal,
172     unless the permit has expired, been revoked, been suspended for another reason, or I become
173     ineligible to possess a firearm. Additionally, I acknowledge that if I possess a firearm or
174     attempt to purchase a firearm while outside Utah, I will be subject to the law of that location
175     regarding restricted persons."
176          (9) (a) An individual requesting removal from [the temporary] a restricted list shall
177     deliver a completed removal form in person to:
178          (i) the law enforcement agency that processed the inclusion form if the individual was
179     placed on the restricted list under Subsection [(3)] (4)(a)(i); or
180          (ii) the individual's local law enforcement agency if the individual was placed on the
181     restricted list under Subsection (4)(a)(ii).
182          (b) The law enforcement agency described in Subsection (9)(a):
183          (i) shall verify the individual's identity before accepting the form;
184          (ii) may not accept a removal form from someone other than the individual named on
185     the form; and
186          (iii) shall transmit the removal form electronically to the bureau through the Utah
187     Criminal Justice Information System.
188          (10) Upon receipt of a verified removal form, the bureau shall, [within 24 hours] after
189     three business days, remove the individual from the [temporary] restricted list and remove the
190     information from the National Instant Criminal Background Check System.
191          (11) [Within] For an individual added to the restricted list under Subsection (2)(a),
192     within 30 days before the 180-day removal deadline, the bureau shall notify the individual at
193     the address listed on the [form and] inclusion form described in Subsection (4) and, if
194     applicable, the law enforcement agency that processed the inclusion form, that the individual is
195     due to be removed from the [temporary] restricted list, and the date on which the removal will
196     occur, unless the individual requests an extension of up to 180 days.
197          (12) (a) A law enforcement agency that receives a request for inclusion under
198     Subsection (4)(a)(i) shall:
199          (i) maintain the completed form and all subsequent completed forms in a separate
200     file[.]; and
201          [(b) If the individual requests removal before the end of the 180 days, the law
202     enforcement agency shall destroy the entire file within five days after transmission of the
203     information to the bureau.]
204          [(c)] (ii) [If the individual does not request an extension after notification in accordance
205     with Subsection (11), the law enforcement agency shall] for an individual added to the
206     restricted list under Subsection (2)(a), destroy the entire file within five days after the date
207     indicated in the notification if the individual does not request an extension after notification in
208     accordance with Subsection (11).
209          (b) A law enforcement agency that receives a removal request under Subsection (9)
210     shall destroy the entire file associated with the individual within five days after the day on
211     which the information is transmitted to the bureau.
212          [(d)] (c) Upon removal of an individual from [the voluntary] a restricted list, the bureau
213     shall destroy all records related to the inclusion and removal of the individual within five days
214     after the day on which the individual was removed.
215          [(e)] (d) All forms and records created in accordance with this section are classified as
216     private records in accordance with Title 63G, Chapter 2, Government Records Access and
217     Management Act.
218          (13) The bureau may make rules in accordance with Title 63G, Chapter 3, Utah
219     Administrative Rulemaking Act, to develop the process and forms to implement this section.
220          Section 3. Section 53-5c-302 is enacted to read:
221          53-5c-302. Assistance from a health care provider -- Restricted list.
222          (1) An individual who is not a restricted person under Section 76-10-503 and is
223     seeking inclusion on a restricted list under Section 53-5c-301 may direct the individual's health
224     care provider to electronically deliver the individual's inclusion form described in Section
225     53-5c-301 to the bureau.
226          (2) In addition to the inclusion form described in Section 53-5c-301, the bureau shall
227     create a form, available by download through the bureau's website, for:
228          (a) an individual who is directing a health care provider to electronically deliver the
229     individual's inclusion form and require, at a minimum, the following information:
230          (i) the individual's signature;
231          (ii) the name of the individual's health care provider; and
232          (iii) the individual's acknowledgment of the statement in Subsection (4)(a); and
233          (b) a health care provider who is delivering an individual's inclusion forms and require,
234     at a minimum, the following information for the health care provider:
235          (i) the health care provider's name;
236          (ii) the name of the health care provider's organization;
237          (iii) the health care provider's license or certification, including the license or
238     certification number;
239          (iv) the health care provider's signature; and
240          (v) the health care provider's acknowledgment of the statement in Subsection (4)(b).
241          (3) (a) An individual who is directing a health care provider to electronically deliver
242     the individual's inclusion form shall, in the presence of the health care provider, complete the
243     forms described in Section 53-5c-301 and Subsection (2)(a).
244          (b) The health care provider:
245          (i) shall verify the individual's identity before accepting the forms;
246          (ii) may not accept forms from someone other than the individual named on the forms;
247          (iii) shall complete the form described in Subsection (2)(b); and
248          (iv) shall deliver the individual's and health care provider's forms electronically to the
249     bureau.
250          (4) (a) The form described in Subsection (2)(a) shall have the following language
251     prominently displayed before the signature:
252     
ACKNOWLEDGMENT

253          "By presenting this completed form to my health care provider, I understand that I am
254     requesting that my health care provider present my name to the Bureau of Criminal
255     Identification to be placed on a restricted list that restricts my ability to purchase or possess
256     firearms."
257          (b) The form described in Subsection (2)(b) shall have the following language
258     prominently displayed before the signature:
259     
ACKNOWLEDGMENT

260          "By presenting this completed form to the Bureau of Criminal Identification, I
261     understand that I am acknowledging that I have verified the identity of [name of individual
262     seeking inclusion on a restricted list] and have witnessed [name of individual] sign the form
263     requesting that [name of individual] be placed on a restricted list that restricts [name of
264     individual]'s ability to purchase or possess firearms. I affirm that [name of individual] is
265     currently my patient and I am a licensed health care provider acting within the scope of my
266     license, certification, practice, education, or training."
267          (5) The bureau may make rules in accordance with Title 63G, Chapter 3, Utah
268     Administrative Rulemaking Act, to develop the process and forms to implement this section.
269          Section 4. Repealer.
270          This bill repeals:
271          Section 53-5c-101, Title.