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H.B. 383
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REVOCATION OF CONCEALED FIREARM
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PERMITS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Melvin R. Brown
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AN ACT RELATING TO PUBLIC SAFETY; MOVING EXISTING PROVISIONS
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REGARDING PERMIT DENIAL, SUSPENSION, OR REVOCATION INTO ITS OWN
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SECTION; PROVIDING THAT THE DIVISION OF CRIMINAL INVESTIGATIONS AND
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TECHNICAL SERVICES REVOKE A CONCEALED FIREARM PERMIT IN CERTAIN
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INSTANCES; MODIFYING CRIME AND PENALTIES FOR EXHIBITING, DISPLAYING, OR
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SHOWING A DANGEROUS WEAPON; AND MAKING TECHNICAL CHANGES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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53-5-704, as last amended by Chapters 120 and 366, Laws of Utah 1999
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76-10-506, as last amended by Chapter 101, Laws of Utah 1992
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ENACTS:
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53-5-704.5, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53-5-704
is amended to read:
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53-5-704. Division duties -- Permit to carry concealed firearm -- Requirements for
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issuance.
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(1) The division or its designated agent shall issue a permit to carry a concealed firearm
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for lawful self defense to an applicant who is 21 years of age or older within 60 days after
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receiving an application and upon proof that the person applying is of good character. The permit
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is valid throughout the state, without restriction except as provided by Section
53-5-710
:
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(a) for two years; or
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(b) for five years for permits issued or renewed on or after May 1, 1998.
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(2) An applicant satisfactorily demonstrates good character if he:
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(a) has not been convicted of a felony;
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(b) has not been convicted of any crime of violence;
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(c) has not been convicted of any offenses involving the use of alcohol;
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(d) has not been convicted of any offense involving the unlawful use of narcotics or other
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controlled substances;
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(e) has not been convicted of any offenses involving moral turpitude;
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(f) has not been convicted of any offense involving domestic violence;
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(g) has not been adjudicated by a court of a state or of the United States as mentally
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incompetent, unless the adjudication has been withdrawn or reversed; and
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(h) is qualified to purchase and possess a dangerous weapon and a handgun pursuant to
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Section
76-10-503
and federal law.
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[(3) (a) The division may deny, suspend, or revoke a concealed firearm permit if the
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licensing authority has reasonable cause to believe that the applicant has been or is a danger to self
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or others as demonstrated by evidence including, but not limited to:]
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[(i) past pattern of behavior involving unlawful violence or threats of unlawful violence;]
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[(ii) past participation in incidents involving unlawful violence or threats of unlawful
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violence; or]
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[(iii) conviction of any offense in violation of Title 76, Chapter 10, Part 5, Weapons.]
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[(b) The division may not deny, suspend, or revoke a concealed firearm permit solely for
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a single conviction for an infraction violation of Title 76, Chapter 10, Part 5, Weapons.]
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[(c) In determining whether the applicant has been or is a danger to self or others, the
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division may inspect:]
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[(i) expunged records of arrests and convictions of adults as provided in Section
77-18-15
;
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and]
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[(ii) juvenile court records as provided in Section
78-3a-206
.]
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[(d) (i) If a person granted a permit under this part has been charged with a crime of
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violence in Utah or any other state, the division shall suspend the permit.]
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[(ii) Upon notice of the acquittal of the person charged, or notice of the charges having
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been dropped, the division shall immediately reinstate the suspended permit.]
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[(4)] (3) A former peace officer who departs full-time employment as a peace officer, in
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an honorable manner, shall be issued a concealed firearm permit within five years of that departure
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if the officer meets the requirements of this section.
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[(5)] (4) In assessing good character under Subsection (2), the licensing authority shall
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consider mitigating circumstances.
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[(6)] (5) Except as provided in Subsection [(7)] (6), the licensing authority shall also
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require the applicant to provide:
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(a) letters of character reference;
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(b) two recent dated photographs;
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(c) two sets of fingerprints;
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(d) a five-year employment history;
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(e) a five-year residential history; and
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(f) evidence of general familiarity with the types of firearms to be concealed as defined in
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Subsection [(8)] (7).
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[(7)] (6) An applicant who is a law enforcement officer under Section
53-13-103
may
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provide a letter of good standing from the officer's commanding officer in place of the items
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required by Subsections [(6)] (5)(a), (d), (e), and (f).
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[(8)] (7) (a) General familiarity with the types of firearms to be concealed includes training
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in:
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(i) the safe loading, unloading, storage, and carrying of the types of firearms to be
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concealed; and
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(ii) current laws defining lawful use of a firearm by a private citizen, including lawful
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self-defense, use of deadly force, transportation, and concealment.
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(b) Evidence of general familiarity with the types of firearms to be concealed may be
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satisfied by one of the following:
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(i) completion of a course of instruction conducted by any national, state, or local firearms
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training organization approved by the division;
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(ii) certification of general familiarity by a person who has been approved by the division,
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which may include a law enforcement officer, military or civilian firearms instructor, or hunter
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safety instructor; or
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(iii) equivalent experience with a firearm through participation in an organized shooting
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competition, law enforcement, or military service.
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[(9)] (8) In issuing a permit under this part, the licensing authority is not vicariously liable
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for damages caused by the permit holder.
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[(10) If any person knowingly and willfully provides false information on an application
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filed under this part, he is guilty of a class B misdemeanor, and his application may be denied, or
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his permit may be suspended or revoked.]
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[(11) (a) In the event of a denial, suspension, or revocation by the agency, the applicant
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may file a petition for review with the board within 60 days from the date the denial, suspension,
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or revocation is received by the applicant by certified mail, return receipt requested.]
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[(b) The denial of a permit shall be in writing and shall include the general reasons for the
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action.]
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[(c) If an applicant appeals his denial to the review board, the applicant may have access
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to the evidence upon which the denial is based in accordance with Title 63, Chapter 2, Government
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Records Access and Management Act.]
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[(d) On appeal to the board, the agency shall have the burden of proof by a preponderance
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of the evidence.]
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[(e) Upon a ruling by the board on the appeal of a denial, the division shall issue a final
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order within 30 days stating the board's decision. The final order shall be in the form prescribed
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by Subsection
63-46b-5
(1)(i). The final order is final agency action for purposes of judicial review
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under Section
63-46b-15
.]
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[(12)] (9) The commissioner may make rules in accordance with Title 63, Chapter 46a,
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Utah Administrative Rulemaking Act, necessary to administer this chapter.
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Section 2.
Section
53-5-704.5
is enacted to read:
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53-5-704.5. Permit denial, suspension, or revocation -- Appeal procedure.
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(1) (a) The division may deny, suspend, or revoke a concealed firearm permit if the
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licensing authority has reasonable cause to believe that the applicant has been or is a danger to self
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or others as demonstrated by evidence including, but not limited to:
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(i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
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(ii) past participation in incidents involving unlawful violence or threats of unlawful
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violence; or
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(iii) conviction of any offense in violation of Title 76, Chapter 10, Part 5, Weapons.
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(b) The division may not deny, suspend, or revoke a concealed firearm permit solely for
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a single conviction for an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
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(c) In determining whether the applicant has been or is a danger to self or others, the
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division may inspect:
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(i) expunged records of arrests and convictions of adults as provided in Section
77-18-15
;
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and
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(ii) juvenile court records as provided in Section
78-3a-206
.
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(2) If any person knowingly and willfully provides false information on an application
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filed under this part, he is guilty of a class B misdemeanor, and his application may be denied, or
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his permit may be suspended or revoked.
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(3) The division shall revoke the permit of any person licensed to carry a concealed firearm
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under this part who is convicted of violating Section
76-10-506
.
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(4) (a) If a person granted a permit under this part has been charged with a crime of
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violence in Utah or any other state, the division shall suspend the permit.
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(b) Upon notice of the acquittal of the person charged, or notice of the charges having been
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dropped, the division shall immediately reinstate the suspended permit.
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(5) (a) In the event of a denial, suspension, or revocation by the agency, the applicant may
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file a petition for review with the board within 60 days from the date the denial, suspension, or
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revocation is received by the applicant by certified mail, return receipt requested.
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(b) The denial of a permit shall be in writing and shall include the general reasons for the
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action.
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(c) If an applicant appeals his denial to the review board, the applicant may have access
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to the evidence upon which the denial is based in accordance with Title 63, Chapter 2, Government
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Records Access and Management Act.
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(d) On appeal to the board, the agency shall have the burden of proof by a preponderance
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of the evidence.
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(e) Upon a ruling by the board on the appeal of a denial, the division shall issue a final
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order within 30 days stating the board's decision. The final order shall be in the form prescribed
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by Subsection
63-46b-5
(1)(i). The final order is final agency action for purposes of judicial review
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under Section
63-46b-15
.
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Section 3.
Section
76-10-506
is amended to read:
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76-10-506. Exhibiting, displaying, or showing a dangerous weapon or using a
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dangerous weapon in fight or quarrel -- Penalties.
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[Every] A person, except [those persons described in] a person restricted by Section
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76-10-503
, who, not in necessary self defense in the presence of two or more persons, [draws or
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exhibits] wilfully and wantonly exhibits, displays, or shows any dangerous weapon [in an angry
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and threatening manner] or unlawfully uses the [same] dangerous weapon in any fight or quarrel
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is guilty of:
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(1) a class A misdemeanor[.]; or
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(2) a class B misdemeanor for a person licensed to carry a concealed firearm pursuant to
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Title 53, Chapter 5, Part 7, Concealed Weapon Act, if the dangerous weapon is a firearm and:
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(a) upon a first conviction, the division shall revoke the permit to carry a concealed firearm
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for one year; and
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(b) upon a subsequent conviction, the division shall revoke the permit to carry a concealed
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firearm permanently.
Legislative Review Note
as of 2-1-00 11:23 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.