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H.B. 63
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IDENTIFICATION OF STOLEN FIREARMS
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2004 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Judy Ann Buffmire
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LONG TITLE
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General Description:
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This bill modifies provisions of the Utah Criminal Code related to weapons.
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Highlighted Provisions:
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This bill:
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. requires a firearms' dealer to request a National Crime Information Center stolen
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firearm check on a used firearm prior to its purchase or transfer;
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. requires the Criminal Investigations and Technical Services Division of the
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Department of Public Safety to provide the dealer with notice if the National Crime
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Information Center check reveals the firearm has been stolen;
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. requires the division to inform the law enforcement agency in the jurisdiction where
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the dealer is in business that the firearm is a stolen weapon; and
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. makes certain technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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76-10-526, as last amended by Chapters 90 and 303, Laws of Utah 2000
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-10-526
is amended to read:
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76-10-526. Criminal background check prior to purchase of a firearm -- National
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Crime Information Center stolen firearm check prior to purchase of a used 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
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purchase of a handgun until federal law requires the background check to extend to other
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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
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this 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
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part, a dealer shall require [any person] an individual receiving a firearm to present:
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(a) one photo identification on a form issued by a governmental agency of the state;
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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
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licensed firearm dealer in the state.
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(6) (a) [Any person] An individual, except a dealer, purchasing a firearm from a dealer
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shall consent in writing to a criminal background check, on a form provided by the division.
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(b) The form shall [also] contain the following information:
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[(a)] (i) the dealer identification number;
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[(b)] (ii) the name and address of the [person] individual receiving the firearm;
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[(c)] (iii) the date of birth, height, weight, eye color, and hair color of the [person]
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individual receiving the firearm; and
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[(d)] (iv) the Social Security number or any other identification number of the [person]
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individual receiving 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] A dealer [shall] may not sell or transfer [any] a firearm to [any person] an
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individual until the dealer has provided the division with the information in Subsection (6) and
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has received approval from the division under Subsection (9).
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(8) (a) The dealer shall make a request for criminal history background information and
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a National Crime Information Center stolen firearm check on a used firearm by telephone or
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other electronic means to the division and shall receive approval or denial of the inquiry by
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telephone or other electronic means.
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(b) A request for a stolen firearm check on a used firearm shall include the serial
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number of the firearm.
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(9) When the dealer calls for or requests a criminal history background check, the
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division shall:
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(a) review the criminal history files, including juvenile court records, to determine if
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the [person] individual is prohibited by state or federal law from purchasing, possessing, or
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transferring a firearm [by state or federal law];
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(b) inform the dealer that[: (i)] the records indicate the [person is so prohibited; or (ii)
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the person is approved for] individual is either approved for or prohibited from purchasing,
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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
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background, or by return call, or other electronic means, without delay, except in case of
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electronic failure or other circumstances beyond the control of the division, the division shall
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advise the dealer of the reason for the delay and give the dealer an estimate of the length of the
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delay[.]; and
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(e) provide the dealer with notice if a used firearm is a stolen weapon.
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(10) (a) The division [shall] may not maintain any records of the criminal history
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background check longer than 20 days from the date of the dealer's request if the division
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determines that the [person] individual receiving the gun is not prohibited from purchasing,
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possessing, or transferring the firearm under state or federal law. [However, the]
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(b) The division shall maintain a log of requests containing the dealer's federal firearms
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number, the transaction number, and the transaction date for a period of 12 months.
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(c) The information on the firearm may not be associated in any manner with the
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information on the individual.
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(11) (a) If the criminal history background check discloses information indicating that
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the [person] individual attempting to purchase the firearm is prohibited from purchasing,
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possessing, or transferring a firearm, the division shall inform the law enforcement agency in
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the jurisdiction where the [person] individual resides.
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(b) If the National Crime Information Center check on a used firearm discloses that the
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firearm is a stolen weapon, the division shall inform the law enforcement agency in the
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jurisdiction where the dealer is in business.
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(12) If [a person] an individual is denied the right to purchase a firearm under this
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section, the [person] individual may review [his] the criminal history information and may
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challenge or amend the information as provided 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
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records provided by the division pursuant to this part are in conformance with the requirements
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of the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
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(14) (a) (i) [All dealers] A dealer shall collect a criminal history background check fee
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[which is] of $7.50.
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(ii) This fee remains in effect until changed by the division through the process under
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Section
63-38-3.2
.
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(b) (i) The dealer shall forward at one time all fees collected for criminal history
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background checks performed during the month to the division by the last day of the month
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following the sale of a firearm.
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(ii) 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] An individual with a concealed firearm permit issued pursuant to Title
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53, Chapter 5, Part 7, Concealed Weapon Act, [shall be] is exempt from the background check
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and corresponding fee required in this section for the purchase of a firearm, but not the
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National Crime Information Center stolen firearm check on a used firearm, if:
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(a) the [person] individual presents [his] the concealed firearm permit to the dealer
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prior to purchase of the firearm; and
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(b) the dealer verifies with the division that the [person's] individual's concealed
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firearm permit is valid.
Legislative Review Note
as of 12-11-03 3:59 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.