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H.B. 102
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CRIMINAL HISTORY BACKGROUND
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INFORMATION
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2002 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Duane E. Bourdeaux
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This act modifies the Public Safety Code in both the Bail Bond Recovery chapter and the
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Private Investigator Regulation Act to require that license applicants under these chapters
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submit two sets of fingerprints as part of the application process and that the department
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records and FBI records be searched for criminal history information on the applicant.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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53-9-107, as last amended by Chapter 212, Laws of Utah 1998
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53-9-108, as last amended by Chapter 212, Laws of Utah 1998
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53-11-108, as last amended by Chapter 21, 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
53-9-107
is amended to read:
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53-9-107. Classification of licenses -- License required to act.
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(1) Every person applying for a license under this chapter shall indicate on the application
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which of the following licenses the applicant is applying for:
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(a) an agency license shall be issued to an applicant who meets the requirements of
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[Subsection] Subsections
53-9-108
(1) and (2) and Section
53-9-109
;
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(b) a registrant license shall be issued to an applicant who meets the requirements of
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[Subsection] Subsections
53-9-108
(2) and (4) and Section
53-9-110
; or
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(c) an apprentice license shall be issued to an applicant who meets the requirements of
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Subsection
53-9-108
[(3)](5) and Section
53-9-110
.
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(2) Unless licensed under this chapter, a person may not:
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(a) act or assume to act as, or represent himself to be:
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(i) a licensee; or
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(ii) a private investigator or private detective as defined in Subsection
53-9-102
(16) or
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conduct any investigation as provided in Subsection
53-9-102
(16); or
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(b) falsely represent to be employed by or for an independent contractor for an agency.
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Section 2.
Section
53-9-108
is amended to read:
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53-9-108. Qualifications for licensure.
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(1) (a) An applicant for an agency license under this chapter shall be at least 21 years of
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age, a citizen or legal resident of the United States, and of good moral character.
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(b) An applicant may not have been:
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(i) convicted of a felony;
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(ii) convicted of any act involving illegally using, carrying, or possessing a dangerous
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weapon;
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(iii) convicted of any act of personal violence or force on any person or convicted of
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threatening to commit any act of personal violence or force against another person;
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(iv) convicted of any act constituting dishonesty or fraud;
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(v) convicted of any act involving moral turpitude;
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(vi) placed on probation or parole;
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(vii) named in an outstanding arrest warrant; or
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(viii) convicted of illegally obtaining or disclosing private, controlled, or protected records
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as provided in Section
63-2-801
.
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(c) If previously or currently licensed in another state or jurisdiction, the applicant shall
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be in good standing within that state or jurisdiction.
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(d) An applicant shall have completed a minimum of two years, or 2,000 hours, of
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investigative experience that consists of actual work performed as a private investigator for a
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private agency, the federal government, or a state, county, or municipal government.
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(e) (i) An applicant for an agency license shall substantiate investigative work experience
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claimed as years of qualifying experience and provide the exact details as to the character and
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nature of the experience on a form prescribed by the department and certified by the applicant's
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employers.
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(ii) If the applicant is unable to supply written certification from an employer in whole or
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in part, the applicant may offer written certification from persons other than an employer covering
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the same subject matter for consideration by the board.
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(iii) The applicant shall prove completion of the required experience to the satisfaction of
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the board and the board may independently verify any certification offered on behalf of the
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applicant.
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(2) (a) The applicant shall provide fingerprints on two copies of a form provided by the
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department.
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(b) (i) The applicant may provide the fingerprints at the department. The department may
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impose a fee established under Section
63-38-3.2
for this service.
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(ii) The applicant may instead provide the fingerprints at the offices of a local law
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enforcement agency and forward the prints to the department. The local law enforcement agency
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may impose a fee to cover the costs of the fingerprinting service.
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(iii) In all cases, the prints provided under this Subsection (2) shall be of a quality
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acceptable to the Federal Bureau of Investigation (FBI), and shall be on forms as required by the
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FBI.
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(3) In order to determine qualifications under Subsection (1)(b) the department shall, after
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receipt of the fingerprints required under Subsection (2) and the application fee required under
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Section
53-9-111
, search its criminal history database for criminal history information regarding
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the applicant and shall request a similar criminal history information search by the FBI.
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[(2)] (4) (a) An applicant for a registrant license shall meet all qualification standards of
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this section, except Subsection (1)(d). An applicant shall provide fingerprints under Subsection
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(2). An applicant shall have a minimum of one year, or 1,000 hours, of investigative experience
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that consists of actual work performed as a private investigator for a private agency, the federal
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government, a state, county, or municipal government.
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(b) A licensed registrant shall only work as an employee of, or an independent contractor
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with, licensed agencies as provided in Subsection
53-9-102
(18), and may not:
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(i) advertise his services or conduct investigations for the general public; or
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(ii) employ other private investigators or hire them as independent contractors.
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[(3)] (5) (a) An applicant for an apprentice license, lacking the experience required for a
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registrant license, shall meet all of the qualification standards in Subsection (1), except Subsection
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(1)(d), and complete an apprentice application. An applicant shall provide fingerprints under
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Subsection (2).
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(b) An apprentice shall work under the direct supervision and guidance of a licensed
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agency, full-time for one year, or 1,000 hours, prior to eligibility for a registrant license. A licensed
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apprentice shall only work under the direction of a licensed agency as provided in Subsection
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53-9-102
(5), and may not:
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(i) advertise his services or conduct investigations for the general public; or
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(ii) employ other private investigators.
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[(4)] (6) (a) An applicant for an agency, registrant, or apprentice license may be eligible
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for a license without meeting all or part of the investigative work experience required by this
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section if the applicant:
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(i) has a criminal justice degree from an accredited college or university;
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(ii) is certified by Peace Officer Standards and Training; or
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(iii) can substantiate other similar law enforcement or investigative training in the areas
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set forth in Subsection
53-9-102
(16).
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(b) The board shall determine whether or not training may replace the work experience
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requirement and to what extent.
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Section 3.
Section
53-11-108
is amended to read:
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53-11-108. Licensure -- Basic qualifications.
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An applicant for licensure under this chapter shall meet the following qualifications:
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(1) An applicant shall be:
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(a) at least 21 years of age;
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(b) a citizen or legal resident of the United States; and
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(c) of good moral character.
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(2) An applicant may not:
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(a) have been convicted of:
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(i) a felony;
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(ii) any act involving illegally using, carrying, or possessing a dangerous weapon;
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(iii) any act of personal violence or force on any person or convicted of threatening to
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commit any act of personal violence or force against another person;
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(iv) any act constituting dishonesty or fraud;
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(v) impersonating a peace officer; or
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(vi) any act involving moral turpitude;
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(b) be on probation, parole, community supervision, or named in an outstanding arrest
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warrant; or
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(c) be employed as a peace officer.
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(3) (a) The applicant shall provide fingerprints on two copies of a form provided by the
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department.
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(b) (i) The applicant may provide the fingerprints at the department. The department may
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impose a fee established under Section
63-38-3.2
for this service.
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(ii) The applicant may instead provide the fingerprints at the offices of a local law
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enforcement agency and forward the prints to the department. The local law enforcement agency
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may impose a fee to cover the costs of the fingerprinting service.
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(iii) In all cases, the prints provided under this Subsection (3) shall be of a quality
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acceptable to the Federal Bureau of Investigation (FBI), and shall be on forms as required by the
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FBI.
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(4) In order to determine qualifications under Subsections (2)(a) and (b) the department
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shall, after receipt of the fingerprints required under Subsection (3) and the application fee required
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under Section
53-11-115
, search its criminal history database for criminal history information
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regarding the applicant and shall request a similar criminal history information search by the FBI.
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[(3)] (5) If previously or currently licensed in another state or jurisdiction, the applicant
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shall be in good standing within that state or jurisdiction.
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[(4)] (6) (a) The applicant shall also have completed a training program of not less than
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16 hours that is approved by the board and includes:
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(i) instruction on the duties and responsibilities of a licensee under this chapter, including:
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(A) search, seizure, and arrest procedure;
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(B) pursuit, arrest, detainment, and transportation of a bail bond suspect; and
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(C) specific duties and responsibilities regarding entering an occupied structure to carry
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out functions under this chapter;
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(ii) the laws and rules relating to the bail bond business;
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(iii) the rights of the accused; and
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(iv) ethics.
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(b) The program may be completed after the licensure application is submitted, but shall
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be completed before a license may be issued under this chapter.
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[(5)] (7) If the applicant desires to carry a firearm as a licensee, the applicant shall:
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(a) successfully complete a course regarding the specified types of weapons he plans to
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carry. The course shall:
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(i) be not less than 16 hours;
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(ii) be conducted by any national, state, or local firearms training organization approved
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by the Criminal Investigations and Technical Services Division created in Section
53-10-103
; and
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(iii) provide training regarding general familiarity with the types of firearms to be carried,
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including:
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(A) the safe loading, unloading, storage, and carrying of the types of firearms to be
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concealed; and
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(B) 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; and
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(b) shall hold a valid license to carry a concealed weapon, issued under Section
53-5-704
.
Legislative Review Note
as of 11-27-01 10:36 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.