Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                            H.B. 426
Approved for Filing: J. Rogers 6                                  st
                                                                        1 Sub. (Buff)
          6 02-06-24 3:03 PM 6
                       Representative Brian S. King proposes the following substitute bill:
                                   FIREARM AMENDMENTS
                                       2024 GENERAL SESSION
                                           STATE OF UTAH
                                   Chief Sponsor: Brian S. King
                                  Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill amends provisions relating to firearms and ammunition.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < amends offenses related to a restricted person in possession of a dangerous weapon
 to include ammunition;
        < makes possession of a firearm on which the identifying marks have been altered or
 removed a crime;
        < amends provisions requiring the Bureau of Criminal Identification to inform local
 law enforcement when a prohibited person attempts to purchase a firearm from a
 firearm dealer;
        < requires a firearm dealer to distribute a firearm safety brochure at the time of the   1 stSub. H.B. 426
 transfer of a firearm;
        < requires a firearm dealer to post a written notice of potential liability for the
 negligent storage of a firearm and provides a penalty for failure to post the notice;
 and
        < makes technical and conforming changes.
     *HB0426S01*
       1st Sub. (Buff) H.B. 426                                                  02-06-24 3:03 PM
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides a coordination clause.
 Utah Code Sections Affected:
 AMENDS:
        53-5-704, as last amended by Laws of Utah 2022, Chapter 250
        53-10-208.1, as last amended by Laws of Utah 2023, Chapters 184, 328 and 397
        76-3-203.5, as last amended by Laws of Utah 2023, Chapter 111
        76-3-402, as last amended by Laws of Utah 2023, Chapter 132
        76-10-501, as last amended by Laws of Utah 2023, Chapters 161, 397 and 425
        76-10-503, as last amended by Laws of Utah 2023, First Special Session, Chapter 2
        76-10-503.1, as last amended by Laws of Utah 2023, Chapter 203
        76-10-522, as last amended by Laws of Utah 1993, Chapter 234
        76-10-526, as last amended by Laws of Utah 2023, Chapters 330, 397
        76-10-532, as last amended by Laws of Utah 2023, Chapter 425
        76-10-1602, as last amended by Laws of Utah 2023, Chapters 34, 111, 139, and 330
        80-6-104, as enacted by Laws of Utah 2023, Chapter 161
        80-6-1004.1, as enacted by Laws of Utah 2023, Chapter 115
 ENACTS:
        76-10-527.5, Utah Code Annotated 1953
 Utah Code Sections Affected By Coordination Clause:
        53-10-208.1, as last amended by Laws of Utah 2023, Chapters 184, 328 and 397
49
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53-5-704 is amended to read:
        53-5-704. Bureau duties -- Permit to carry concealed firearm -- Certification for
 concealed firearms instructor -- Requirements for issuance -- Violation -- Denial,
 suspension, or revocation -- Appeal procedure.
        (1) (a) Except as provided in Subsection (1)(b), the bureau shall issue a permit to carry
 a concealed firearm for lawful self defense to an applicant who is 21 years old or older within
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       02-06-24 3:03 PM                                                       1st Sub. (Buff) H.B. 426
 60 days after receiving an application, unless the bureau finds proof that the applicant is not
 qualified to hold a permit under Subsection (2) or (3).
        (b) (i) Within 90 days before the day on which a provisional permit holder under
 Section 53-5-704.5 reaches 21 years old, the provisional permit holder may apply under this
 section for a permit to carry a concealed firearm for lawful self defense.
        (ii) The bureau shall issue a permit for an applicant under Subsection (1)(b)(i) within
 60 days after receiving an application, unless the bureau finds proof that the applicant is not
 qualified to hold a permit under Subsection (2) or (3).
        (iii) A permit issued under this Subsection (1)(b):
        (A) is not valid until an applicant is 21 years old; and
        (B) requires a $10 application fee.
        (iv) A person who applies for a permit under this Subsection (1)(b) is not required to
 retake the firearms training described in Subsection 53-5-704(8).
        (c) The permit is valid throughout the state for five years, without restriction, except as
 otherwise provided by Section 53-5-710.
        (d) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not
 apply to an individual issued a permit under Subsection (1)(a) or (b).
        (e) Subsection (4)(a) does not apply to a nonresident:
        (i) active duty service member, who presents to the bureau orders requiring the active
 duty service member to report for duty in this state; or
        (ii) active duty service member's spouse, stationed with the active duty service
 member, who presents to the bureau the active duty service member's orders requiring the
 service member to report for duty in this state.
        (2) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if the
 applicant or permit holder:
        (i) has been or is convicted of a felony;
        (ii) has been or is convicted of a crime of violence;
        (iii) has been or is convicted of an offense involving the use of alcohol;
        (iv) has been or is convicted of an offense involving the unlawful use of narcotics or
 other controlled substances;
        (v) has been or is convicted of an offense involving moral turpitude;
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        1st Sub. (Buff) H.B. 426                                                   02-06-24 3:03 PM
        (vi) has been or is convicted of an offense involving domestic violence;
        (vii) has been or is adjudicated by a state or federal court as mentally incompetent,
 unless the adjudication has been withdrawn or reversed; and
        (viii) is not qualified to purchase and possess a firearm and ammunition pursuant to
 Section 76-10-503 and federal law.
        (b) In determining whether an applicant or permit holder is qualified to hold a permit
 under Subsection (2)(a), the bureau shall consider mitigating circumstances.
        (3) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if it has
 reasonable cause to believe that the applicant or permit holder has been or is a danger to self or
 others as demonstrated by evidence, including:
        (i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
        (ii) past participation in incidents involving unlawful violence or threats of unlawful
 violence; or
        (iii) conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons.
        (b) The bureau may not deny, suspend, or revoke a concealed firearm permit solely for
 a single conviction of an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
        (c) In determining whether the applicant or permit holder has been or is a danger to self
 or others, the bureau may inspect:
        (i) expunged records of arrests and convictions of adults as provided in Section
 77-40a-403; and
        (ii) juvenile court records as provided in Section 78A-6-209.
        (d) (i) The bureau shall suspend a concealed firearm permit if a permit holder becomes
 a temporarily restricted person in accordance with Section 53-5c-301.
        (ii) Upon removal from the temporary restricted list, the permit holder's permit shall be
 reinstated unless:
        (A) the permit has been revoked, been suspended for a reason other than the restriction
 described in Subsection (3)(d)(i), or expired; or
        (B) the permit holder has become a restricted person under Section 76-10-503.
        (4) (a) In addition to meeting the other qualifications for the issuance of a concealed
 firearm permit under this section, a nonresident applicant who resides in a state that recognizes
 the validity of the Utah permit or has reciprocity with Utah's concealed firearm permit law
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        02-06-24 3:03 PM                                                      1st Sub. (Buff) H.B. 426
 shall:
          (i) hold a current concealed firearm or concealed weapon permit issued by the
 appropriate permitting authority of the nonresident applicant's state of residency; and
          (ii) submit a photocopy or electronic copy of the nonresident applicant's current
 concealed firearm or concealed weapon permit referred to in Subsection (4)(a)(i).
          (b) A nonresident applicant who knowingly and willfully provides false information to
 the bureau under Subsection (4)(a) is prohibited from holding a Utah concealed firearm permit
 for a period of 10 years.
          (c) Subsection (4)(a) applies to all applications for the issuance of a concealed firearm
 permit that are received by the bureau after May 10, 2011.
          (d) Beginning January 1, 2012, Subsection (4)(a) also applies to an application for
 renewal of a concealed firearm permit by a nonresident.
          (5) The bureau shall issue a concealed firearm permit to a former peace officer who
 departs full-time employment as a peace officer, in an honorable manner, within five years of
 that departure if the officer meets the requirements of this section.
          (6) Except as provided in Subsection (7), the bureau shall also require the applicant to
 provide:
          (a) the address of the applicant's permanent residence;
          (b) one recent dated photograph;
          (c) one set of fingerprints; and
          (d) evidence of general familiarity with the types of firearms to be concealed as defined
 in Subsection (8).
          (7) An applicant who is a law enforcement officer under Section 53-13-103 may
 provide a letter of good standing from the officer's commanding officer in place of the evidence
 required by Subsection (6)(d).
          (8) (a) General familiarity with the types of firearms to be concealed includes training
 in:
          (i) the safe loading, unloading, storage, and carrying of the types of firearms to be
 concealed; and
          (ii) current laws defining lawful use of a firearm by a private citizen, including lawful
 self-defense, use of force by a private citizen, including use of deadly force, transportation, and
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        1st Sub. (Buff) H.B. 426                                                    02-06-24 3:03 PM
 concealment.
        (b) An applicant may satisfy the general familiarity requirement of Subsection (8)(a) by
 one of the following:
        (i) completion of a course of instruction conducted by a national, state, or local
 firearms training organization approved by the bureau;
        (ii) certification of general familiarity by an individual who has been certified by the
 bureau, which may include a law enforcement officer, military or civilian firearms instructor,
 or hunter safety instructor; or
        (iii) equivalent experience with a firearm through participation in an organized
 shooting competition, law enforcement, or military service.
        (c) Instruction taken by a student under this Subsection (8) shall be in person and not
 through electronic means.
        (d) A person applying for a renewal permit is not required to retake the firearms
 training described in this Subsection 53-5-704(8) if the person:
        (i) has an unexpired permit; or
        (ii) has a permit that expired less than one year before the date on which the renewal
 application was submitted.
        (9) (a) An applicant for certification as a Utah concealed firearms instructor shall:
        (i) be at least 21 years old;
        (ii) be currently eligible to possess a firearm and ammunition under Section 76-10-503;
        (iii) have:
        (A) completed a firearm instruction training course from the National Rifle Association
 or the Department of Public Safety, Division of Peace Officer Safety Standards and Training;
 or
        (B) received training equivalent to one of the courses referred to in Subsection
 (9)(a)(iii)(A) as determined by the bureau;
        (iv) have taken a course of instruction and passed a certification test as described in
 Subsection (9)(c); and
        (v) possess a Utah concealed firearm permit.
        (b) An instructor's certification is valid for three years from the date of issuance, unless
 revoked by the bureau.
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        02-06-24 3:03 PM                                                        1st Sub. (Buff) H.B. 426
         (c) (i) In order to obtain initial certification or renew a certification, an instructor shall
 attend an instructional course and pass a test under the direction of the bureau.
         (ii) (A) The bureau shall provide or contract to provide the course referred to in
 Subsection (9)(c)(i) twice every year.
         (B) The course shall include instruction on current Utah law related to firearms,
 including concealed carry statutes and rules, and the use of deadly force by private citizens.
         (d) (i) Each applicant for certification under this Subsection (9) shall pay a fee of
 $50.00 at the time of application for initial certification.
         (ii) The renewal fee for the certificate is $25.
         (iii) The bureau may use a fee paid under Subsections (9)(d)(i) and (ii) as a dedicated
 credit to cover the cost incurred in maintaining and improving the instruction program required
 for concealed firearm instructors under this Subsection (9).
         (10) A certified concealed firearms instructor shall provide each of the instructor's
 students with the required course of instruction outline approved by the bureau.
         (11) (a) (i) A concealed firearms instructor shall provide a signed certificate to an
 individual successfully completing the offered course of instruction.
         (ii) The instructor shall sign the certificate with the exact name indicated on the
 instructor's certification issued by the bureau under Subsection (9).
         (iii) (A) The certificate shall also have affixed to it the instructor's official seal, which
 is the exclusive property of the instructor and may not be used by any other individual.
         (B) The instructor shall destroy the seal upon revocation or expiration of the
 instructor's certification under Subsection (9).
         (C) The bureau shall determine the design and content of the seal to include at least the
 following:
         (I) the instructor's name as it appears on the instructor's certification;
         (II) the words "Utah Certified Concealed Firearms Instructor," "state of Utah," and "my
 certification expires on (the instructor's certification expiration date)"; and
         (III) the instructor's business or residence address.
         (D) The seal shall be affixed to each student certificate issued by the instructor in a
 manner that does not obscure or render illegible any information or signatures contained in the
 document.
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        1st Sub. (Buff) H.B. 426                                                      02-06-24 3:03 PM
           (b) The applicant shall provide the certificate to the bureau in compliance with
 Subsection (6)(d).
           (12) The bureau may deny, suspend, or revoke the certification of an applicant or a
 concealed firearms instructor if it has reason to believe the applicant or the instructor has:
           (a) become ineligible to possess a firearm or ammunition under Section 76-10-503 or
 federal law; or
           (b) knowingly and willfully provided false information to the bureau.
           (13) An applicant for certification or a concealed firearms instructor has the same
 appeal rights as described in Subsection (16).
           (14) In providing instruction and issuing a permit under this part, the concealed
 firearms instructor and the bureau are not vicariously liable for damages caused by the permit
 holder.
           (15) An individual who knowingly and willfully provides false information on an
 application filed under this part is guilty of a class B misdemeanor, and the application may be
 denied, or the permit may be suspended or revoked.
           (16) (a) In the event of a denial, suspension, or revocation of a permit, the applicant or
 permit holder may file a petition for review with the board within 60 days from the date the
 denial, suspension, or revocation is received by the applicant or permit holder by certified mail,
 return receipt requested.
           (b) The bureau's denial of a permit shall be in writing and shall include the general
 reasons for the action.
           (c) If an applicant or permit holder appeals the denial to the review board,