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H.B. 161
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BACKGROUND CHECKS FOR WEAPONS
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PURCHASE
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: A. Lamont Tyler
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AN ACT RELATING TO THE CRIMINAL CODE; REQUIRING BACKGROUND CHECKS
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FOR FIREARM PURCHASES TO INCLUDE JUVENILE RECORDS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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76-10-503, as last amended by Chapter 97, Laws of Utah 1999
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76-10-526, as last amended by Chapter 227, Laws of Utah 1999
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78-3a-206, as last amended by Chapter 377, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-10-503
is amended to read:
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76-10-503. Purchase or possession of dangerous weapon, firearm, or explosive --
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Persons not permitted to have -- Penalties.
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(1) (a) Any person who has been convicted of any crime of violence under the laws of the
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United States, this state, or any other state, government, or country, or who is addicted to the use
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of any narcotic drug, or who has been declared mentally incompetent may not own or have in his
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possession or under his custody or control any dangerous weapon as defined in Section
76-10-501
.
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(b) Any person who violates this subsection is guilty of a class A misdemeanor, and if the
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dangerous weapon is a firearm or sawed-off shotgun, he is guilty of a third degree felony.
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(2) (a) Any person who is on parole or probation for a felony may not have in his
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possession or under his custody or control any explosive, chemical, or incendiary device as those
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terms are defined in Section
76-10-306
or dangerous weapon as defined in Section
76-10-501
.
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(b) Any person who violates this subsection is guilty of a third degree felony, but if the
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dangerous weapon is a firearm or an explosive, chemical, or incendiary device he is guilty of a
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second degree felony.
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(3) (a) A person may not purchase, possess, or transfer any handgun described in this part
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who:
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(i) has been convicted of, or adjudicated delinquent for, any felony offense under the laws
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of the United States, this state, or any other state;
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(ii) is under indictment;
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(iii) is an unlawful user of a controlled substance as defined in Section
58-37-2
;
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(iv) is a drug dependent person as defined in Section
58-37-2
;
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(v) has been adjudicated as mentally defective, as provided in the Brady Handgun Violence
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Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed to a mental
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institution;
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(vi) is an alien who is illegally or unlawfully in the United States;
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(vii) has been discharged from the Armed Forces under dishonorable conditions; or
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(viii) is a person who, having been a citizen of the United States, has renounced such
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citizenship.
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(b) Any person who violates this Subsection (3) is guilty of a third degree felony.
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Section 2.
Section
76-10-526
is amended to read:
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76-10-526. Criminal background check prior to purchase of a firearm -- Fee --
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Exemption for concealed firearm permit holders.
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(1) A criminal background check required by this section shall only apply to the purchase
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of a handgun until federal law requires the background check to extend to other firearms.
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(2) At the time that federal law extends the criminal background check requirement to
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other firearms, the division shall make rules to extend the background checks required under this
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section to the other firearms.
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(3) For purposes of this section, "valid permit to carry a concealed firearm" does not
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include a temporary permit issued pursuant to Section
53-5-705
.
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(4) To establish personal identification and residence in this state for purposes of this part,
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a dealer shall require any person receiving a firearm to present:
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(a) one photo identification on a form issued by a governmental agency of the state; and
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(b) one other documentation of residence which must show an address identical to that
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shown on the photo identification form.
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(5) A criminal history background check is required for the sale of a firearm by a licensed
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firearm dealer in the state.
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(6) Any person, except a dealer, purchasing a firearm from a dealer shall consent in writing
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to a criminal background check, on a form provided by the division. The form shall also contain
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the following information:
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(a) the dealer identification number;
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(b) the name and address of the person receiving the firearm;
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(c) the date of birth, height, weight, eye color, and hair color of the person receiving the
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firearm; and
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(d) the Social Security number or any other identification number of the person receiving
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the firearm.
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(7) (a) The dealer shall send the form required by Subsection (6) to the division
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immediately upon its completion.
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(b) No dealer shall sell or transfer any firearm to any person until the dealer has provided
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the division with the information in Subsection (6) and has received approval from the division
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under Subsection [(8)] (9).
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(8) The dealer shall make a request for criminal history background information by
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telephone or other electronic means to the division and shall receive approval or denial of the
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inquiry by telephone or other electronic means.
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(9) When the dealer calls for or requests a criminal history background check, the division
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shall:
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(a) review the criminal history files, including juvenile court records, to determine if the
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person is prohibited from purchasing, possessing, or transferring a firearm by state or federal law;
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(b) inform the dealer that:
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(i) the [criminal record indicates] records indicate the person is so prohibited; or
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(ii) the person is approved for purchasing, possessing, or transferring a firearm;
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(c) provide the dealer with a unique transaction number for that inquiry; and
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(d) provide a response to the requesting dealer during the call for a criminal background,
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or by return call, or other electronic means, without delay, except in case of electronic failure or
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other circumstances beyond the control of the division, the division shall advise the dealer of the
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reason for such delay and give the dealer an estimate of the length of [such] the delay.
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(10) The division shall not maintain any records of the criminal history background check
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longer than 20 days from the date of the dealer's request if the division determines that the person
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receiving the gun is not prohibited from purchasing, possessing, or transferring the firearm under
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state or federal law. However, the division shall maintain a log of requests containing the dealer's
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federal firearms number, the transaction number, and the transaction date for a period of 12
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months.
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(11) If the criminal history background check discloses information indicating that the
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person attempting to purchase the firearm is prohibited from purchasing, possessing, or
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transferring a firearm, the division shall inform the law enforcement agency in the jurisdiction
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where the person resides.
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(12) If a person is denied the right to purchase a firearm under this section, the person may
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review his criminal history information and may challenge or amend the information as provided
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in Section
53-10-108
.
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(13) The division shall make rules as provided in Title 63, Chapter 46a, Utah
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Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all records
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provided by the division pursuant to this part are in conformance with the requirements of the
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Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
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(14) (a) All dealers shall collect a criminal history background check fee which is $7.50.
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This fee remains in effect until changed by the division through the process under Section
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63-38-3.2
.
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(b) The dealer shall forward at one time all fees collected for criminal history background
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checks performed during the month to the division by the last day of the month following the sale
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of a firearm. The division shall deposit the fees in the General Fund as dedicated credits to cover
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the cost of administering and conducting the criminal history background check program.
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(15) A person with a concealed firearm permit issued pursuant to Title 53, Chapter 5, Part
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7, Concealed Weapon Act, shall be exempt from the background check and corresponding fee
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required in this section for the purchase of a firearm if:
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(a) the person presents his concealed firearm permit to the dealer prior to purchase of the
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firearm; and
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(b) the dealer verifies with the division that the person's concealed firearm permit is valid.
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Section 3.
Section
78-3a-206
is amended to read:
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78-3a-206. Court records -- Inspection.
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(1) The court and the probation department shall keep records as required by the board and
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the presiding judge.
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(2) Court records shall be open to inspection by:
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(a) the parents or guardian, other parties in the case, the attorneys, and agencies to which
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custody of a minor has been transferred;
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(b) for information relating to adult offenders alleged to have committed a sexual offense,
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a felony or class A misdemeanor drug offense, or an offense against the person under Title 76,
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Chapter 5, Offenses Against the Person, the State Office of Education for the purpose of evaluating
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whether an individual should be permitted to obtain or retain a license as an educator or serve as
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an employee or volunteer in a school, with the understanding that the office must provide the
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individual with an opportunity to respond to any information gathered from its inspection of the
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records before it makes a decision concerning licensure or employment; and
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(c) the Division of Criminal Investigations and Technical Services, established in Section
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53-10-103
, for the purpose of a criminal history background check for the purchase of a firearm
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and establishing good character for issuance of a concealed firearm permit as provided in Section
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53-5-704
.
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(3) With the consent of the judge, court records may be inspected by the minor, by persons
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having a legitimate interest in the proceedings, and by persons conducting pertinent research
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studies.
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(4) If a petition is filed charging a minor 14 years of age or older with an offense that
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would be a felony if committed by an adult, the court shall make available to any person upon
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request the petition, any adjudication or disposition orders, and the delinquency history summary
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of the minor charged unless the records are closed by the court upon findings on the record for
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good cause.
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(5) Probation officers' records and reports of social and clinical studies are not open to
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inspection, except by consent of the court, given under rules adopted by the board.
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(6) (a) Any juvenile delinquency adjudication or disposition orders and the delinquency
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history summary of any person charged as an adult with a felony offense shall be made available
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to any person upon request.
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(b) This provision does not apply to records that have been destroyed or expunged in
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accordance with court rules.
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(c) The court may charge a reasonable fee to cover the costs associated with retrieving a
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requested record that has been archived.
Legislative Review Note
as of 10-21-99 4:56 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
Committee Note
The Judiciary Interim Committee recommended this bill.
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