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H.B. 376
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CONCEALED WEAPON PERMIT HOLDERS -
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RECIPROCITY
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2001 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Glenn A. Donnelson
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This act modifies provisions related to concealed carry permit holders. The act modifies
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provisions allowing a person authorized to carry a concealed firearm in another state to
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carry a concealed firearm in this state and requires the division to maintain a public
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database of states granting reciprocity.
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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 Chapter 107, Laws of Utah 2000
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76-10-523, as last amended by Chapters 57 and 144, Laws of Utah 1997
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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 -- Certification for
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concealed firearms instructor -- Requirements for issuance -- Violation -- Denial, suspension,
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or revocation -- Appeal procedure.
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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 been
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dropped, the division shall immediately reinstate the suspended permit.
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(4) A former peace officer who departs full-time employment as a peace officer, in an
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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) In assessing good character under Subsection (2), the licensing authority shall consider
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mitigating circumstances.
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(6) Except as provided in Subsection (7), the licensing authority shall also require the
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applicant to provide:
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(a) address of applicant's permanent residence;
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(b) letters of character reference;
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(c) two recent dated photographs;
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(d) two sets of fingerprints;
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(e) a five-year employment history;
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(f) a five-year residential history; and
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(g) evidence of general familiarity with the types of firearms to be concealed as defined
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in Subsection (8).
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(7) An applicant who is a law enforcement officer under Section
53-13-103
may provide
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a letter of good standing from the officer's commanding officer in place of the items required by
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Subsections (6)(b), (e), (f), and (g).
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(8) (a) General familiarity with the types of firearms to be concealed includes training 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 force by a private citizen including use of deadly force, transportation, and
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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 certified 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) An applicant for certification as a Utah concealed firearms instructor shall:
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(a) be at least 21 years of age; and
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(b) be currently eligible to possess a firearm under Section
76-10-503
and federal law.
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(10) Each certified concealed firearms instructor shall provide for his students the required
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course of instruction outline approved by the division.
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(11) All concealed firearms instructors are required to provide a signed certificate to
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persons completing the course of instruction, which certificate shall be provided by the applicant
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to the division.
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(12) The division may deny, suspend, or revoke the certification of a concealed firearms
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instructor if the licensing authority has reason to believe the applicant has:
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(a) become ineligible to possess a firearm under Section
76-10-503
or federal law; or
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(b) knowingly and willfully provided false information to the division.
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(13) A concealed firearms instructor has the same appeal rights as set forth in Subsection
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(16).
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(14) In issuing a permit under this part, the licensing authority is not vicariously liable for
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damages caused by the permit holder.
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(15) 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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(16) (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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(17) (a) The division, at least annually, shall:
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(i) contact each state that issues concealed weapon permits that does not grant reciprocity
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for Utah concealed weapon permits; and
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(ii) formally request that Utah permits be granted reciprocity by that state.
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(b) The division shall:
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(i) keep and maintain a list of states that grant reciprocity for Utah concealed weapon
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permit holders;
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(ii) make the list available to the public upon request; and
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(iii) post the information on the division's web site.
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[(17)] (18) 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
76-10-523
is amended to read:
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76-10-523. Persons exempt from weapons laws.
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(1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to any
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of the following:
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(a) a United States marshal while engaged in the performance of his official duties;
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(b) a federal official required to carry a firearm while engaged in the performance of his
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official duties;
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(c) a peace officer of this or any other jurisdiction while engaged in the performance of his
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official duties;
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(d) a law enforcement official as defined and qualified under Section
53-5-711
;
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(e) a judge as defined and qualified in Section
53-5-711
;
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(f) a common carrier while engaged in the regular and ordinary transport of firearms as
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merchandise; or
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(g) a nonresident traveling in or through the state, provided that any firearm is:
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(i) unloaded; and
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(ii) securely encased as defined in Section
76-10-501
.
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(2) The provisions of Subsections
76-10-504
(1)(a), (1)(b), and Section
76-10-505
do not
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apply:
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(a) to any person to whom a permit to carry a concealed firearm has been issued:
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[(a)] (i) pursuant to Section
53-5-704
; or
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[(b) by another state whose requirements for issuance of a concealed firearm permit have
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been determined annually by the Department of Public Safety to meet or exceed the requirements
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for issuance of a concealed firearm permit in this state.]
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(ii) by another state or county; or
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(b) to any person that resides in a state or county that allows the person to carry a
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concealed firearm without a permit.
Legislative Review Note
as of 2-5-01 10:21 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.