1st Sub. H.B. 225
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: S. Larson 6
6 01-25-23 1:57 PM 6
H.B. 225
1st Sub. (Buff)
Representative Ryan D. Wilcox proposes the following substitute bill:
1 FIREARM POSSESSION AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ryan D. Wilcox
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill addresses provisions regarding firearm restrictions.
10Highlighted Provisions:
11 This bill:
12 <requires agencies to run a background check when returning a firearm to an
13individual from evidence;
14 <requires a court that reports criminal information to the Criminal Investigations and
15Technical Service Division to provide the relationship between the victim and the
16perpetrator in certain circumstances;
17 <amends the definition of a "restricted person";
18 <classifies an alien in the state on a nonimmigrant visa in certain circumstances as a
19restricted person not able to possess, own, or purchase a firearm;
20 <requires the Bureau of Criminal Identification to inform the local law enforcement
21agency with jurisdiction over a firearms dealer when a restricted person attempts to
22purchase a firearm from that dealer;
23 <clarifies that a restricted person may not use an antique firearm for an activity
24regulated under the Wildlife Resources Code of Utah; and
25 <makes technical changes.
*HB0225S01* 1st Sub. (Buff) H.B. 225 01-25-23 1:57 PM
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26Money Appropriated in this Bill:
27 None
28Other Special Clauses:
29 This bill provides a coordination clause.
30Utah Code Sections Affected:
31AMENDS:
32 24-3-103, as last amended by Laws of Utah 2021, Chapter 230
33 53-10-208.1, as last amended by Laws of Utah 2021, Chapter 159
34 53-10-213, as last amended by Laws of Utah 2020, Chapter 142
35 76-10-501, as last amended by Laws of Utah 2015, Chapters 212, 406
36 76-10-503, as last amended by Laws of Utah 2021, Chapter 262
37 76-10-526, as last amended by Laws of Utah 2021, Chapters 166, 277
38
39Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 24-3-103 is amended to read:
41 24-3-103. Disposition of property.
42 (1) If a prosecuting attorney determines that seized property no longer needs to be
43retained for court proceedings, the prosecuting attorney may:
44 (a) petition the court to apply the property that is money towards restitution, fines, fees,
45or monetary judgments owed by the owner of the property;
46 (b) petition the court for an order transferring ownership of [any] weapons to the
47agency with custody for the agency's use and disposal in accordance with Section 24-3-103.5,
48if the owner:
49 (i) is the individual who committed the offense for which the weapon was seized; or
50 (ii) may not lawfully possess the weapon; or
51 (c) notify the agency with custody of the property or contraband that:
52 (i) the property may be returned to the rightful owner if the rightful owner may
53lawfully possess the property; or
54 (ii) the contraband may be disposed of or destroyed.
55 (2) Before returning a firearm to an individual, the agency returning the firearm shall
56confirm, through the Bureau of Criminal Identification, that the individual is eligible to 01-25-23 1:57 PM 1st Sub. (Buff) H.B. 225
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57lawfully possess and receive firearms.
58 [(2)] (3) The agency shall exercise due diligence in attempting to notify the rightful
59owner of the property to advise the owner that the property is to be returned.
60 [(3)] (4) (a) For a computer determined to be contraband, a court may order the
61reasonable extraction and return of specifically described personal digital data to the rightful
62owner.
63 (b) The law enforcement agency shall determine a reasonable cost to extract the data.
64 (c) At the time of the request to extract the data, the owner of the computer shall pay
65the agency the cost to extract the data.
66 [(4)] (5) (a) Before an agency may release seized property to a person claiming
67ownership of the property, the person shall establish in accordance with Subsection [(4)(b)]
68(5)(b) that the person:
69 (i) is the rightful owner; and
70 (ii) may lawfully possess the property.
71 (b) The person shall establish ownership under Subsection [(4)(a)] (5)(a) by providing
72to the agency:
73 (i) identifying proof or documentation of ownership of the property; or
74 (ii) a notarized statement if proof or documentation is not available.
75 [(5)] (6) (a) When seized property is returned to the owner, the owner shall sign a
76receipt listing in detail the property that is returned.
77 (b) The agency shall:
78 (i) retain a copy of the receipt; and
79 (ii) provide a copy of the receipt to the owner.
80 [(6)] (7) (a) Except as provided in Subsection [(6)(b)] (7)(b), if the agency is unable to
81locate the rightful owner of the property or the rightful owner is not entitled to lawfully possess
82the property, the agency may:
83 (i) apply the property to a public interest use;
84 (ii) sell the property at public auction and apply the proceeds of the sale to a public
85interest use; or
86 (iii) destroy the property if the property is unfit for a public interest use or for sale.
87 (b) If the property described in Subsection [(6)(a)] (7)(a) is a firearm, the agency shall 1st Sub. (Buff) H.B. 225 01-25-23 1:57 PM
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88dispose of the firearm in accordance with Section 24-3-103.5.
89 [(7)] (8) Before applying the property or the proceeds from the sale of the property to a
90public interest use, the agency shall obtain from the legislative body of the agency's
91jurisdiction:
92 (a) permission to apply the property or the proceeds to public interest use; and
93 (b) the designation and approval of the public interest use of the property or the
94proceeds.
95 [(8)] (9) If a peace officer seizes property that at the time of seizure is held by a pawn
96or secondhand business in the course of the pawn or secondhand business's business, the
97provisions of Section 13-32a-116 shall apply to the disposition of the property.
98 Section 2. Section 53-10-208.1 is amended to read:
99 53-10-208.1. Magistrates and court clerks to supply information.
100 (1) Every magistrate or clerk of a court responsible for court records in this state shall,
101within 30 days after the day of the disposition and on forms and in the manner provided by the
102division, furnish the division with information pertaining to:
103 (a) all dispositions of criminal matters, including:
104 (i) guilty pleas;
105 (ii) convictions;
106 (iii) dismissals;
107 (iv) acquittals;
108 (v) pleas [held] in abeyance;
109 (vi) judgments of not guilty by reason of insanity;
110 (vii) judgments of guilty with a mental illness;
111 (viii) finding of mental incompetence to stand trial; and
112 (ix) probations granted;
113 (b) orders of civil commitment under the terms of Section 62A-15-631;
114 (c) the issuance, recall, cancellation, or modification of all warrants of arrest or
115commitment as described in Rule 6, Utah Rules of Criminal Procedure and Section 78B-6-303,
116within one day of the action and in a manner provided by the division; and
117 (d) protective orders issued after notice and hearing, pursuant to:
118 (i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act; 01-25-23 1:57 PM 1st Sub. (Buff) H.B. 225
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119 (ii) Title 78B, Chapter 7, Part 4, Dating Violence Protective Orders;
120 (iii) Title 78B, Chapter 7, Part 5, Sexual Violence Protective Orders;
121 (iv) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders; or
122 (v) Title 78B, Chapter 7, Part 8, Criminal Protective Orders.
123 (2) When transmitting information on a criminal matter under Subsection (1)(a)(i), (ii),
124(v), or (vii) for a conviction of misdemeanor assault under Section 76-5-102, the magistrate or
125clerk of a court shall include available information regarding whether the conviction for assault
126resulted from an assault against an individual:
127 (a) who is included in at least one of the relationship categories described in
128Subsection 76-10-503(1)(b)(xi); or
129 (b) with whom none of the relationships described in Subsection 76-10-503(1)(b)(xi)
130apply.
131 [(2)] (3) The court in the county where a determination or finding was made shall
132transmit a record of the determination or finding to the bureau no later than 48 hours after the
133determination is made, excluding Saturdays, Sundays, and legal holidays, if an individual is:
134 (a) adjudicated as a mental defective; or
135 (b) involuntarily committed to a mental institution in accordance with Subsection
13662A-15-631(16).
137 [(3)] (4) The record described in Subsection [(2)] (3) shall include:
138 (a) an agency record identifier;
139 (b) the individual's name, sex, race, and date of birth; and
140 (c) the individual's social security number, government issued driver license or
141identification number, alien registration number, government passport number, state
142identification number, or FBI number.
143 Section 3. Section 53-10-213 is amended to read:
144 53-10-213. Reporting requirements.
145 (1) The bureau shall submit the record received from the court in accordance with
146Subsection 78B-7-603(5)(e) to the National Crime Information Center within 48 hours of
147receipt, excluding Saturdays, Sundays, and legal holidays.
148 (2) The bureau shall submit the record received from the court in accordance with
149Subsection [53-10-208.1(2)] 53-10-208.1(3) to the National Instant Criminal Background 1st Sub. (Buff) H.B. 225 01-25-23 1:57 PM
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150Check System within 48 hours of receipt, excluding Saturdays, Sundays, and legal holidays.
151 Section 4. Section 76-10-501 is amended to read:
152 76-10-501. Definitions.
153 As used in this part:
154 (1) (a) "Antique firearm" means:
155 (i) any firearm, including any firearm with a matchlock, flintlock, percussion cap, or
156similar type of ignition system, manufactured in or before 1898; or
157 (ii) a firearm that is a replica of any firearm described in this Subsection (1)(a), if the
158replica:
159 (A) is not designed or redesigned for using rimfire or conventional centerfire fixed
160ammunition; or
161 (B) uses rimfire or centerfire fixed ammunition which is:
162 (I) no longer manufactured in the United States; and
163 (II) is not readily available in ordinary channels of commercial trade; or
164 (iii) (A) that is a muzzle loading rifle, shotgun, or pistol; and
165 (B) is designed to use black powder, or a black powder substitute, and cannot use fixed
166ammunition.
167 (b) "Antique firearm" does not include:
168 (i) a weapon that incorporates a firearm frame or receiver;
169 (ii) a firearm that is converted into a muzzle loading weapon; or
170 (iii) a muzzle loading weapon that can be readily converted to fire fixed ammunition by
171replacing the:
172 (A) barrel;
173 (B) bolt;
174 (C) breechblock; or
175 (D) any combination of Subsection (1)(b)(iii)(A), (B), or (C).
176 (2) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
177within the Department of Public Safety.
178 (3) (a) "Concealed firearm" means a firearm that is:
179 (i) covered, hidden, or secreted in a manner that the public would not be aware of its
180presence; and 01-25-23 1:57 PM 1st Sub. (Buff) H.B. 225
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181 (ii) readily accessible for immediate use.
182 (b) A firearm that is unloaded and securely encased is not a concealed firearm for the
183purposes of this part.
184 (4) "Criminal history background check" means a criminal background check
185conducted by a licensed firearms dealer on every purchaser of a handgun, except a Federal
186Firearms Licensee, through the bureau or the local law enforcement agency where the firearms
187dealer conducts business.
188 (5) "Curio or relic firearm" means a firearm that:
189 (a) is of special interest to a collector because of a quality that is not associated with
190firearms intended for:
191 (i) sporting use;
192 (ii) use as an offensive weapon; or
193 (iii) use as a defensive weapon;
194 (b) (i) was manufactured at least 50 years before the current date; and
195 (ii) is not a replica of a firearm described in Subsection (5)(b)(i);
196 (c) is certified by the curator of a municipal, state, or federal museum that exhibits
197firearms to be a curio or relic of museum interest;
198 (d) derives a substantial part of its monetary value:
199 (i) from the fact that the firearm is:
200 (A) novel;
201 (B) rare; or
202 (C) bizarre; or
203 (ii) because of the firearm's association with an historical:
204 (A) figure;
205 (B) period; or
206 (C) event; and
207 (e) has been designated as a curio or relic firearm by the director of the United States
208Treasury Department Bureau of Alcohol, Tobacco, and Firearms under 27 C.F.R. Sec. 478.11.
209 (6) (a) "Dangerous weapon" means:
210 (i) a firearm; or
211 (ii) an object that in the manner of its use or intended use is capable of causing death or 1st Sub. (Buff) H.B. 225 01-25-23 1:57 PM
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212serious bodily injury.
213 (b) The following factors are used in determining whether any object, other than a
214firearm, is a dangerous weapon:
215 (i) the location and circumstances in which the object was used or possessed;
216 (ii) the primary purpose for which the object was made;
217 (iii) the character of the wound, if any, produced by the object's unlawful use;
218 (iv) the manner in which the object was unlawfully used;
219 (v) whether the manner in which the object is used or possessed constitutes a potential
220imminent threat to public safety; and
221 (vi) the lawful purposes for which the object may be used.
222 (c) "Dangerous weapon" does not include an explosive, chemical, or incendiary device
223as defined by Section 76-10-306.
224 (7) (a) "Dating relationship" means a romantic or intimate relationship between
225individuals.
226 (b) "Dating relationship" does not include a casual acquaintanceship or ordinary
227fraternization in a business or social context.
228 [(7)] (8) "Dealer" means a person who is:
229 (a) licensed under 18 U.S.C. Sec. 923; and
230 (b) engaged in the business of selling, leasing, or otherwise transferring a handgun,
231whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
232 [(8)] (9) "Enter" means intrusion of the entire body.
233 [(9)] (10) "Federal Firearms Licensee" means a person who:
234 (a) holds a valid Federal Firearms License issued under 18 U.S.C. Sec. 923; and
235 (b) is engaged in the activities authorized by the specific category of license held.
236 [(10)] (11) (a) "Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle
237or short barreled rifle, or a device that could be used as a dangerous weapon from which is
238expelled a projectile by action of an explosive.
239 (b) As used in Sections 76-10-526 and 76-10-527, "firearm" does not include an
240antique firearm.
241 [(11)] (12) "Firearms transaction record form" means a form created by the bureau to
242be completed by a person purchasing, selling, or transferring a handgun from a dealer in the 01-25-23 1:57 PM 1st Sub. (Buff) H.B. 225
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243state.
244 [(12)] (13) "Fully automatic weapon" means a firearm which fires, is designed to fire,
245or can be readily restored to fire, automatically more than one shot without manual reloading
246by a single function of the trigger.
247 [(13)] (14) (a) "Handgun" means a pistol, revolver, or other firearm of any description,
248loaded or unloaded, from which a shot, bullet, or other missile can be discharged, the length of
249which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches.
250 (b) As used in Sections 76-10-520, 76-10-521, and 76-10-522, "handgun" and "pistol
251or revolver" do not include an antique firearm.
252 [(14)] (15) "House of worship" means a church, temple, synagogue, mosque, or other
253building set apart primarily for the purpose of worship in which religious services are held and
254the main body of which is kept for that use and not put to any other use inconsistent with its
255primary purpose.
256 [(15)] (16) "Prohibited area" means a place where it is unlawful to discharge a firearm.
257 [(16)] (17) "Readily accessible for immediate use" means that a firearm or other
258dangerous weapon is carried on the person or within such close proximity and in such a manner
259that it can be retrieved and used as readily as if carried on the person.
260 [(17)] (18) "Residence" means an improvement to real property used or occupied as a
261primary or secondary residence.
262 [(18)] (19) "Securely encased" means not readily accessible for immediate use, such as
263held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other
264storage area of a motor vehicle, not including a glove box or console box.
265 [(19)] (20) "Short barreled shotgun" or "short barreled rifle" means a shotgun having a
266barrel or barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or
267barrels of fewer than 16 inches in length, or a dangerous weapon made from a rifle or shotgun
268by alteration, modification, or otherwise, if the weapon as modified has an overall length of
269fewer than 26 inches.
270 [(20)] (21) "Shotgun" means a smooth bore firearm designed to fire cartridges
271containing pellets or a single slug.
272 [(21)] (22) "Shoulder arm" means a firearm that is designed to be fired while braced
273against the shoulder. 1st Sub. (Buff) H.B. 225 01-25-23 1:57 PM
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274 [(22)] (23) "Slug" means a single projectile discharged from a shotgun shell.
275 [(23)] (24) "State entity" means a department, commission, board, council, agency,
276institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
277unit, bureau, panel, or other administrative unit of the state.
278 [(24)] (25) "Violent felony" means the same as that term is defined in Section
27976-3-203.5.
280 Section 5. Section 76-10-503 is amended to read:
281 76-10-503. Restrictions on possession, purchase, transfer, and ownership of
282dangerous weapons by certain persons -- Exceptions.
283 (1) For purposes of this section:
284 (a) A Category I restricted person is a person who:
285 (i) has been convicted of [any] a violent felony as defined in Section 76-3-203.5;
286 (ii) is on probation or parole for [any] a felony;
287 (iii) is on parole from secure care, as defined in Section 80-1-102;
288 (iv) within the last 10 years has been adjudicated under Section 80-6-701 for an offense
289which if committed by an adult would have been a violent felony as defined in Section
29076-3-203.5;
291 (v) is an alien who is illegally or unlawfully in the United States; or
292 (vi) is on probation for a conviction of possessing:
293 (A) a substance classified in Section 58-37-4 as a Schedule I or II controlled substance;
294 (B) a controlled substance analog; or
295 (C) a substance listed in Section 58-37-4.2.
296 (b) A Category II restricted person is a person who:
297 (i) has been convicted of [any] a felony;
298 (ii) within the last seven years has been adjudicated delinquent for an offense which if
299committed by an adult would have been a felony;
300 (iii) is an unlawful user of a controlled substance as defined in Section 58-37-2;
301 (iv) is in possession of a dangerous weapon and is knowingly and intentionally in
302unlawful possession of a Schedule I or II controlled substance as defined in Section 58-37-2;
303 (v) has been found not guilty by reason of insanity for a felony offense;
304 (vi) has been found mentally incompetent to stand trial for a felony offense; 01-25-23 1:57 PM 1st Sub. (Buff) H.B. 225
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305 (vii) has been adjudicated as mentally defective as provided in the Brady Handgun
306Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed
307to a mental institution;
308 (viii) has been dishonorably discharged from the armed forces;
309 (ix) has renounced the individual's citizenship after having been a citizen of the United
310States;
311 (x) is a respondent or defendant subject to a protective order or child protective order
312that is issued after a hearing for which the respondent or defendant received actual notice and at
313which the respondent or defendant has an opportunity to participate, that restrains the
314respondent or defendant from harassing, stalking, threatening, or engaging in other conduct that
315would place an intimate partner, as defined in 18 U.S.C. Sec. 921, or a child of the intimate
316partner, in reasonable fear of bodily injury to the intimate partner or child of the intimate
317partner, and that:
318 (A) includes a finding that the respondent or defendant represents a credible threat to
319the physical safety of an individual who meets the definition of an intimate partner in 18 U.S.C.
320Sec. 921 or the child of the individual; or
321 (B) explicitly prohibits the use, attempted use, or threatened use of physical force that
322would reasonably be expected to cause bodily harm against an intimate partner or the child of
323an intimate partner; [or]
324 (xi) except as provided in Subsection (1)(d), has been convicted of the commission or
325attempted commission of assault under Section 76-5-102 or aggravated assault under Section
32676-5-103 against an individual:
327 (A) who is a current or former spouse, parent, or guardian[,];
328 (B) [individual] with whom the restricted person shares a child in common[,];
329 (C) [individual] who is cohabitating or has cohabitated with the restricted person as a
330spouse, parent, or guardian[,];
331 (D) involved in a dating relationship with the restricted person within the last five
332years; or
333 (E) [against an individual] similarly situated to a spouse, parent, or guardian of the
334restricted person; or
335 (xii) is an alien who has been admitted to the United States under a nonimmigrant visa 1st Sub. (Buff) H.B. 225 01-25-23 1:57 PM
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336as defined in 8 U.S.C. Sec. 1101(a)(26).
337 (c) (i) As used in this section, a conviction of a felony or adjudication of delinquency
338for an offense which would be a felony if committed by an adult does not include:
339 [(i)] (A) a conviction or an adjudication under Section 80-6-701 for an offense
340pertaining to antitrust violations, unfair trade practices, restraint of trade, or other similar
341offenses relating to the regulation of business practices not involving theft or fraud; or
342 [(ii)] (B) a conviction or an adjudication under Section 80-6-701 which, [according to]
343in accordance with the law of the jurisdiction in which [it] the conviction or adjudication
344occurred, has been expunged, set aside, reduced to a misdemeanor by court order, pardoned or
345regarding which the person's civil rights have been restored unless the pardon, reduction,
346expungement, or restoration of civil rights expressly provides that the person may not ship,
347transport, possess, or receive firearms.
348 [(d)] (ii) It is the burden of the defendant in a criminal case to provide evidence that a
349conviction or an adjudication under Section 80-6-701 is subject to an exception provided in
350Subsection (1)(c)(i), after which it is the burden of the state to prove beyond a reasonable doubt
351that the conviction or the adjudication is not subject to that exception.
352 (d) A person is not a restricted person for a conviction under Subsection (1)(b)(xi)(D)
353if:
354 (i) five years have elapsed from the later of:
355 (A) the day on which the conviction is entered;
356 (B) the day on which the person is released from incarceration following the
357conviction; or
358 (C) the day on which the person's probation for the conviction is successfully
359terminated;
360 (ii) the person only has a single conviction for assault as described in Subsection
361(1)(b)(xi)(D); and
362 (iii) the person is not otherwise a restricted person under Subsection (1)(a) or (b).
363 (2) A Category I restricted person who intentionally or knowingly agrees, consents,
364offers, or arranges to purchase, transfer, possess, use, or have under the person's custody or
365control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under
366the person's custody or control: 01-25-23 1:57 PM 1st Sub. (Buff) H.B. 225
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367 (a) [any] a firearm is guilty of a second degree felony; or
368 (b) [any] a dangerous weapon other than a firearm is guilty of a third degree felony.
369 (3) [A] Except as provided in Subsection (4), a Category II restricted person who
370intentionally or knowingly purchases, transfers, possesses, uses, or has under the person's
371custody or control:
372 (a) [any] a firearm is guilty of a third degree felony; or
373 (b) [any] a dangerous weapon other than a firearm is guilty of a class A misdemeanor.
374 (4) A Category II restricted person may possess, use, or have under the person's control
375a firearm or dangerous weapon if:
376 (a) the person is a Category II restricted person solely due to Subsection (1)(b)(xii);
377 (b) the person has been admitted to the United States under a nonimmigrant visa solely
378for lawful hunting or sporting purposes;
379 (c) the person is in possession of a valid hunting license or permit; and
380 (d) the possession, use, or control of the firearm or dangerous weapon is directly
381related to the lawful hunting or sporting purposes described in Subsection (4)(b).
382 [(4)] (5) A person may be subject to the restrictions of both categories at the same time.
383 (6) A Category I or Category II restricted person may not use an antique firearm for an
384activity regulated under Title 23, Wildlife Resources Code of Utah.
385 [(5)] (7) If a higher penalty than is prescribed in this section is provided in another
386section for one who purchases, transfers, possesses, uses, or has under this custody or control
387[any] a dangerous weapon, the penalties of that section control.
388 [(6)] (8) It is an affirmative defense to a charge based on the definition in Subsection
389(1)(b)(iv) that the person was:
390 (a) in possession of a controlled substance pursuant to a lawful order of a practitioner
391for use of a member of the person's household or for administration to an animal owned by the
392person or a member of the person's household; or
393 (b) otherwise authorized by law to possess the substance.
394 [(7)] (9) (a) It is an affirmative defense to transferring a firearm or other dangerous
395weapon by a person restricted under Subsection (2) or (3) that the firearm or dangerous
396weapon:
397 (i) was possessed by the person or was under the person's custody or control before the 1st Sub. (Buff) H.B. 225 01-25-23 1:57 PM
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398person became a restricted person;
399 (ii) was not used in or possessed during the commission of a crime or subject to
400disposition under Section 24-3-103;
401 (iii) is not being held as evidence by a court or law enforcement agency;
402 (iv) was transferred to a person not legally prohibited from possessing the weapon; and
403 (v) unless a different time is ordered by the court, was transferred within 10 days of the
404person becoming a restricted person.
405 (b) Subsection [(7)(a)] (9)(a) is not a defense to the use, purchase, or possession on the
406person of a firearm or other dangerous weapon by a restricted person.
407 [(8)] (10) (a) A person may not sell, transfer, or otherwise dispose of [any] a firearm or
408dangerous weapon to [any] a person, knowing that the recipient is a person described in
409Subsection (1)(a) or (b).
410 (b) A person who violates Subsection [(8)(a)] (10)(a) when the recipient is:
411 (i) a person described in Subsection (1)(a) and the transaction involves a firearm, is
412guilty of a second degree felony;
413 (ii) a person described in Subsection (1)(a) and the transaction involves [any] a
414dangerous weapon other than a firearm, and the transferor has knowledge that the recipient
415intends to use the weapon for any unlawful purpose, is guilty of a third degree felony;
416 (iii) a person described in Subsection (1)(b) and the transaction involves a firearm, is
417guilty of a third degree felony; or
418 (iv) a person described in Subsection (1)(b) and the transaction involves [any] a
419dangerous weapon other than a firearm, and the transferor has knowledge that the recipient
420intends to use the weapon for [any] an unlawful purpose, is guilty of a class A misdemeanor.
421 [(9)] (11) (a) A person may not knowingly solicit, persuade, encourage or entice a
422dealer or other person to sell, transfer or otherwise dispose of a firearm or dangerous weapon
423under circumstances which the person knows would be a violation of the law.
424 (b) A person may not provide to a dealer or other person [any] information that the
425person knows to be materially false information with intent to deceive the dealer or other
426person about the legality of a sale, transfer or other disposition of a firearm or dangerous
427weapon.
428 (c) "Materially false information" means information that portrays an illegal transaction 01-25-23 1:57 PM 1st Sub. (Buff) H.B. 225
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429as legal or a legal transaction as illegal.
430 (d) A person who violates this Subsection [(9)] (11) is guilty of:
431 (i) a third degree felony if the transaction involved a firearm; or
432 (ii) a class A misdemeanor if the transaction involved a dangerous weapon other than a
433firearm.
434 Section 6. Section 76-10-526 is amended to read:
435 76-10-526. Criminal background check prior to purchase of a firearm -- Fee --
436Exemption for concealed firearm permit holders and law enforcement officers.
437 (1) For purposes of this section, "valid permit to carry a concealed firearm" does not
438include a temporary permit issued under Section 53-5-705.
439 (2) (a) To establish personal identification and residence in this state for purposes of
440this part, a dealer shall require an individual receiving a firearm to present one photo
441identification on a form issued by a governmental agency of the state.
442 (b) A dealer may not accept a driving privilege card issued under Section 53-3-207 as
443proof of identification for the purpose of establishing personal identification and residence in
444this state as required under this Subsection (2).
445 (3) (a) A criminal history background check is required for the sale of a firearm by a
446licensed firearm dealer in the state.
447 (b) Subsection (3)(a) does not apply to the sale of a firearm to a Federal Firearms
448Licensee.
449 (4) (a) An individual purchasing a firearm from a dealer shall consent in writing to a
450criminal background check, on a form provided by the bureau.
451 (b) The form shall contain the following information:
452 (i) the dealer identification number;
453 (ii) the name and address of the individual receiving the firearm;
454 (iii) the date of birth, height, weight, eye color, and hair color of the individual
455receiving the firearm; and
456 (iv) the social security number or any other identification number of the individual
457receiving the firearm.
458 (5) (a) The dealer shall send the information required by Subsection (4) to the bureau
459immediately upon its receipt by the dealer. 1st Sub. (Buff) H.B. 225 01-25-23 1:57 PM
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460 (b) A dealer may not sell or transfer a firearm to an individual until the dealer has
461provided the bureau with the information in Subsection (4) and has received approval from the
462bureau under Subsection (7).
463 (6) The dealer shall make a request for criminal history background information by
464telephone or other electronic means to the bureau and shall receive approval or denial of the
465inquiry by telephone or other electronic means.
466 (7) When the dealer calls for or requests a criminal history background check, the
467bureau shall:
468 (a) review the criminal history files, including juvenile court records, and the
469temporary restricted file created under Section 53-5c-301, to determine if the individual is
470prohibited from purchasing, possessing, or transferring a firearm by state or federal law;
471 (b) inform the dealer that:
472 (i) the records indicate the individual is prohibited; or
473 (ii) the individual is approved for purchasing, possessing, or transferring a firearm;
474 (c) provide the dealer with a unique transaction number for that inquiry; and
475 (d) provide a response to the requesting dealer during the call for a criminal
476background check, or by return call, or other electronic means, without delay, except in case of
477electronic failure or other circumstances beyond the control of the bureau, the bureau shall
478advise the dealer of the reason for the delay and give the dealer an estimate of the length of the
479delay.
480 (8) (a) The bureau may not maintain any records of the criminal history background
481check longer than 20 days from the date of the dealer's request, if the bureau determines that
482the individual receiving the firearm is not prohibited from purchasing, possessing, or
483transferring the firearm under state or federal law.
484 (b) However, the bureau shall maintain a log of requests containing the dealer's federal
485firearms number, the transaction number, and the transaction date for a period of 12 months.
486 (9) (a) If the criminal history background check discloses information indicating that
487the individual attempting to purchase the firearm is prohibited from purchasing, possessing, or
488transferring a firearm, the bureau shall:
489 (i) within 24 hours after determining that the purchaser is prohibited from purchasing,
490possessing, or transferring a firearm, notify the law enforcement agency in the jurisdiction 01-25-23 1:57 PM 1st Sub. (Buff) H.B. 225
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491where the dealer is located; and
492 (ii) inform the law enforcement agency in the jurisdiction where the individual resides.
493 (b) Subsection (9)(a) does not apply to an individual prohibited from purchasing a
494firearm solely due to placement on the temporary restricted list under Section 53-5c-301.
495 (c) A law enforcement agency that receives information from the bureau under
496Subsection (9)(a) shall provide a report before August 1 of each year to the bureau that
497includes:
498 (i) based on the information the bureau provides to the law enforcement agency under
499Subsection (9)(a), the number of cases that involve an individual who is prohibited from
500purchasing, possessing, or transferring a firearm as a result of a conviction for an offense
501involving domestic violence; and
502 (ii) of the cases described in Subsection (9)(c)(i):
503 (A) the number of cases the law enforcement agency investigates; and
504 (B) the number of cases the law enforcement agency investigates that result in a
505criminal charge.
506 (d) The bureau shall:
507 (i) compile the information from the reports described in Subsection (9)(c);
508 (ii) omit or redact any identifying information in the compilation; and
509 (iii) submit the compilation to the Law Enforcement and Criminal Justice Interim
510Committee before November 1 of each year.
511 (10) If an individual is denied the right to purchase a firearm under this section, the
512individual may review the individual's criminal history information and may challenge or
513amend the information as provided in Section 53-10-108.
514 (11) The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah
515Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all
516records provided by the bureau under this part are in conformance with the requirements of the
517Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
518 (12) (a) A dealer shall collect a criminal history background check fee for the sale of a
519firearm under this section.
520 (b) The fee described under Subsection (12)(a) remains in effect until changed by the
521bureau through the process described in Section 63J-1-504. 1st Sub. (Buff) H.B. 225 01-25-23 1:57 PM
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522 (c) (i) The dealer shall forward at one time all fees collected for criminal history
523background checks performed during the month to the bureau by the last day of the month
524following the sale of a firearm.
525 (ii) The bureau shall deposit the fees in the General Fund as dedicated credits to cover
526the cost of administering and conducting the criminal history background check program.
527 (13) An individual with a concealed firearm permit issued under Title 53, Chapter 5,
528Part 7, Concealed Firearm Act, is exempt from the background check and corresponding fee
529required in this section for the purchase of a firearm if:
530 (a) the individual presents the individual's concealed firearm permit to the dealer prior
531to purchase of the firearm; and
532 (b) the dealer verifies with the bureau that the individual's concealed firearm permit is
533valid.
534 (14) (a) A law enforcement officer, as defined in Section 53-13-103, is exempt from
535the background check fee required in this section for the purchase of a personal firearm to be
536carried while off-duty if the law enforcement officer verifies current employment by providing
537a letter of good standing from the officer's commanding officer and current law enforcement
538photo identification.
539 (b) Subsection (14)(a) may only be used by a law enforcement officer to purchase a
540personal firearm once in a 24-month period.
541 (15) A dealer engaged in the business of selling, leasing, or otherwise transferring
542[any] a firearm shall:
543 (a) make the firearm safety brochure described in Subsection 62A-15-103(3) available
544to a customer free of charge; and
545 (b) at the time of purchase, distribute a cable-style gun lock provided to the dealer
546under Subsection 62A-15-103(3) to a customer purchasing a shotgun, short barreled shotgun,
547short barreled rifle, rifle, or another firearm that federal law does not require be accompanied
548by a gun lock at the time of purchase.
549 Section 7. Coordinating H.B. 225 with H.B. 120 -- Technical and substantive
550amendment.
551 If this H.B. 225 and H.B. 120, Weapon Possession Amendments, both pass and become
552law, it is the intent of the Legislature that the Office of Legislative Research and General 01-25-23 1:57 PM 1st Sub. (Buff) H.B. 225
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553Counsel prepare the Utah Code database for publication by amending Subsection
55476-10-503(1)(d)(ii) in this H.B. 225 to read:
555 "(ii) the person only has a single conviction for misdemeanor assault as described in
556Subsection (1)(b)(xi)(D); and".