Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                             H.B. 89
Approved for Filing: J. Rogers 6
          6 12-22-22 2:20 PM 6
                                 GUN SAFETY AMENDMENTS
                                      2023 GENERAL SESSION
                                             STATE OF UTAH
                               Chief Sponsor: Andrew Stoddard
                                 Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill concerns a waiting period for the sale of a firearm.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < creates a waiting period between the purchase of a firearm from a dealer and the
 delivery of the firearm to the purchaser;
        < creates exceptions to the waiting period; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        76-10-501, as last amended by Laws of Utah 2015, Chapters 212, 406
        76-10-526, as last amended by Laws of Utah 2021, Chapters 166, 277
        76-10-527, as last amended by Laws of Utah 2009, Chapter 20
                                                                                                 H.B. 89
 ENACTS:
        76-10-526.1, Utah Code Annotated 1953
     *HB0089*
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28
 Be it enacted by the Legislature of the state of Utah:
            Section 1. Section 76-10-501 is amended to read:
            76-10-501. Definitions.
            As used in this part:
            (1) (a) "Antique firearm" means:
            (i) any firearm, including any firearm with a matchlock, flintlock, percussion cap, or
 similar type of ignition system, manufactured in or before 1898; or
            (ii) a firearm that is a replica of any firearm described in this Subsection (1)(a), if the
 replica:
            (A) is not designed or redesigned for using rimfire or conventional centerfire fixed
 ammunition; or
            (B) uses rimfire or centerfire fixed ammunition which is:
            (I) no longer manufactured in the United States; and
            (II) is not readily available in ordinary channels of commercial trade; or
            (iii) (A) that is a muzzle loading rifle, shotgun, or pistol; and
            (B) is designed to use black powder, or a black powder substitute, and cannot use fixed
 ammunition.
            (b) "Antique firearm" does not include:
            (i) a weapon that incorporates a firearm frame or receiver;
            (ii) a firearm that is converted into a muzzle loading weapon; or
            (iii) a muzzle loading weapon that can be readily converted to fire fixed ammunition by
 replacing the:
            (A) barrel;
            (B) bolt;
            (C) breechblock; or
            (D) any combination of Subsection (1)(b)(iii)(A), (B), or (C).
            (2) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
 within the Department of Public Safety.
            (3) (a) "Concealed firearm" means a firearm that is:
            (i) covered, hidden, or secreted in a manner that the public would not be aware of its
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 presence; and
        (ii) readily accessible for immediate use.
        (b) A firearm that is unloaded and securely encased is not a concealed firearm for the
 purposes of this part.
        (4) "Criminal history background check" means a criminal background check
 conducted by a licensed firearms dealer on every purchaser of a handgun, except a Federal
 Firearms Licensee, through the bureau or the local law enforcement agency where the firearms
 dealer conducts business.
        (5) "Curio or relic firearm" means a firearm that:
        (a) is of special interest to a collector because of a quality that is not associated with
 firearms intended for:
        (i) sporting use;
        (ii) use as an offensive weapon; or
        (iii) use as a defensive weapon;
        (b) (i) was manufactured at least 50 years before the current date; and
        (ii) is not a replica of a firearm described in Subsection (5)(b)(i);
        (c) is certified by the curator of a municipal, state, or federal museum that exhibits
 firearms to be a curio or relic of museum interest;
        (d) derives a substantial part of its monetary value:
        (i) from the fact that the firearm is:
        (A) novel;
        (B) rare; or
        (C) bizarre; or
        (ii) because of the firearm's association with an historical:
        (A) figure;
        (B) period; or
        (C) event; and
        (e) has been designated as a curio or relic firearm by the director of the United States
 Treasury Department Bureau of Alcohol, Tobacco, and Firearms under 27 C.F.R. Sec. 478.11.
        (6) (a) "Dangerous weapon" means:
        (i) a firearm; or
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        (ii) an object that in the manner of its use or intended use is capable of causing death or
 serious bodily injury.
        (b) The following factors are used in determining whether any object, other than a
 firearm, is a dangerous weapon:
        (i) the location and circumstances in which the object was used or possessed;
        (ii) the primary purpose for which the object was made;
        (iii) the character of the wound, if any, produced by the object's unlawful use;
        (iv) the manner in which the object was unlawfully used;
        (v) whether the manner in which the object is used or possessed constitutes a potential
 imminent threat to public safety; and
        (vi) the lawful purposes for which the object may be used.
        (c) "Dangerous weapon" does not include an explosive, chemical, or incendiary device
 as defined by Section 76-10-306.
        (7) "Dealer" means a person who is:
        (a) licensed under 18 U.S.C. Sec. 923; and
        (b) engaged in the business of selling, leasing, or otherwise transferring a handgun,
 whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
        (8) "Enter" means intrusion of the entire body.
        (9) "Federal Firearms Licensee" means a person who:
        (a) holds a valid Federal Firearms License issued under 18 U.S.C. Sec. 923; and
        (b) is engaged in the activities authorized by the specific category of license held.
        (10) (a) "Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle or
 short barreled rifle, or a device that could be used as a dangerous weapon from which is
 expelled a projectile by action of an explosive.
        (b) As used in Sections 76-10-526, 76-10-526.1, and 76-10-527, "firearm" does not
 include an antique firearm.
        (11) "Firearms transaction record form" means a form created by the bureau to be
 completed by a person purchasing, selling, or transferring a handgun from a dealer in the state.
        (12) "Fully automatic weapon" means a firearm which fires, is designed to fire, or can
 be readily restored to fire, automatically more than one shot without manual reloading by a
 single function of the trigger.
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         (13) (a) "Handgun" means a pistol, revolver, or other firearm of any description, loaded
 or unloaded, from which a shot, bullet, or other missile can be discharged, the length of which,
 not including any revolving, detachable, or magazine breech, does not exceed 12 inches.
         (b) As used in Sections 76-10-520, 76-10-521, and 76-10-522, "handgun" and "pistol
 or revolver" do not include an antique firearm.
         (14) "House of worship" means a church, temple, synagogue, mosque, or other
 building set apart primarily for the purpose of worship in which religious services are held and
 the main body of which is kept for that use and not put to any other use inconsistent with its
 primary purpose.
         (15) "Prohibited area" means a place where it is unlawful to discharge a firearm.
         (16) "Readily accessible for immediate use" means that a firearm or other dangerous
 weapon is carried on the person or within such close proximity and in such a manner that it can
 be retrieved and used as readily as if carried on the person.
         (17) "Residence" means an improvement to real property used or occupied as a primary
 or secondary residence.
         (18) "Securely encased" means not readily accessible for immediate use, such as held
 in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other
 storage area of a motor vehicle, not including a glove box or console box.
         (19) "Short barreled shotgun" or "short barreled rifle" means a shotgun having a barrel
 or barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or barrels
 of fewer than 16 inches in length, or a dangerous weapon made from a rifle or shotgun by
 alteration, modification, or otherwise, if the weapon as modified has an overall length of fewer
 than 26 inches.
         (20) "Shotgun" means a smooth bore firearm designed to fire cartridges containing
 pellets or a single slug.
         (21) "Shoulder arm" means a firearm that is designed to be fired while braced against
 the shoulder.
         (22) "Slug" means a single projectile discharged from a shotgun shell.
         (23) "State entity" means a department, commission, board, council, agency,
 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
 unit, bureau, panel, or other administrative unit of the state.
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        (24) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
        Section 2. Section 76-10-526 is amended to read:
        76-10-526. Criminal background check prior to purchase of a firearm -- Fee --
 Exemption for concealed firearm permit holders and law enforcement officers.
        (1) For purposes of this section, "valid permit to carry a concealed firearm" does not
 include a temporary permit issued under Section 53-5-705.
        (2) (a) To establish personal identification and residence in this state for purposes of
 this part, a dealer shall require an individual receiving a firearm to present one photo
 identification on a form issued by a governmental agency of the state.
        (b) A dealer may not accept a driving privilege card issued under Section 53-3-207 as
 proof of identification for the purpose of establishing personal identification and residence in
 this state as required under this Subsection (2).
        (3) (a) A criminal history background check is required for the sale of a firearm by a
 licensed firearm dealer in the state.
        (b) Subsection (3)(a) does not apply to the sale of a firearm to a Federal Firearms
 Licensee.
        (4) (a) An individual purchasing a firearm from a dealer shall consent in writing to a
 criminal background check, on a form provided by the bureau.
        (b) The form shall contain the following information:
        (i) the dealer identification number;
        (ii) the name and address of the individual receiving the firearm;
        (iii) the date of birth, height, weight, eye color, and hair color of the individual
 receiving the firearm; and
        (iv) the social security number or any other identification number of the individual
 receiving the firearm.
        (5) (a) The dealer shall send the information required by Subsection (4) to the bureau
 immediately upon its receipt by the dealer.
        (b) A dealer may not sell or transfer a firearm to an individual until the dealer has
 provided the bureau with the information in Subsection (4) and has received approval from the
 bureau under Subsection (7).
        (6) The dealer shall make a request for criminal history background information by
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 telephone or other electronic means to the bureau and shall receive approval or denial of the
 inquiry by telephone or other electronic means.
          (7) When the dealer calls for or requests a criminal history background check, the
 bureau shall:
          (a) review the criminal history files, including juvenile court records, and the
 temporary restricted file created under Section 53-5c-301, to determine if the individual is
 prohibited from purchasing, possessing, or transferring a firearm by state or federal law;
          (b) inform the dealer that:
          (i) the records indicate the individual is prohibited; or
          (ii) the individual is approved for purchasing, possessing, or transferring a firearm;
          (c) provide the dealer with a unique transaction number for that inquiry; and
          (d) provide a response to the requesting dealer during the call for a criminal
 background check, or by return call, or other electronic means, without delay, except in case of
 electronic failure or other circumstances beyond the control of the bureau, the bureau shall
 advise the dealer of the reason for the delay and give the dealer an estimate of the length of the
 delay.
          (8) (a) The bureau may not maintain any records of the criminal history background
 check longer than 20 days from the date of the dealer's request, if the bureau determines that
 the individual receiving the firearm is not prohibited from purchasing, possessing, or
 transferring the firearm under state or federal law.
          (b) However, the bureau shall maintain a log of requests containing the dealer's federal
 firearms number, the transaction number, and the transaction date for a period of 12 months.
          (9) (a) If the criminal history background check discloses information indicating that
 the individual attempting to purchase the firearm is prohibited from purchasing, possessing, or
 transferring a firearm, the bureau shall inform the law enforcement agency in the jurisdiction
 where the individual resides.
          (b) Subsection (9)(a) does not apply to an individual prohibited from purchasing a
 firearm solely due to placement on the temporary restricted list under Section 53-5c-301.
          (c) A law enforcement agency that receives information from the bureau under
 Subsection (9)(a) shall provide a report before August 1 of each year to the bureau that
 includes:
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        (i) based on the information the bureau provides to the law enforcement agency under
 Subsection (9)(a), the number of cases that involve an individual who is prohibited from
 purchasing, possessing, or transferring a firearm as a result of a conviction for an offense
 involving domestic violence; and
        (ii) of the cases described in Subsection (9)(c)(i):
        (A) the number of cases the law enforcement agency investigates; and
        (B) the number of cases the law enforcement agency investigates that result in a
 criminal charge.
        (d) The bureau shall:
        (i) compile the information from the reports described in Subsection (9)(c);
        (ii) omit or redact any identifying information in the compilation; and
        (iii) submit the compilation to the Law Enforcement and Criminal Justice Interim
 Committee before November 1 of each year.
        (10) If an individual is denied the right to purchase a firearm under this section, the
 individual may review the individual's criminal history information and may challenge or
 amend the information as provided in Section 53-10-108.
        (11) The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah
 Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all
 records provided by the bureau under this part are in conformance with the requirements of the
 Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
        (12) (a) A dealer shall collect a criminal history background check fee for the sale of a
 firearm under this section.
        (b) The fee described under Subsection (12)(a) remains in effect until changed by the
 bureau through the process described in Section 63J-1-504.
        (c) (i) The dealer shall forward at one time all fees collected for criminal history
 background checks performed during the month to the bureau by the last day of the month
 following the sale of a firearm.
        (ii) The bureau shall deposit the fees in the General Fund as dedicated credits to cover
 the cost of administering and co