Utah 2023 Regular Session

Utah House Bill HB0225 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 225
	1	+	1st Sub. H.B. 225
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: S. Larson 6
	4	+	6 01-25-23 1:57 PM 6
	5	+	H.B. 225
	6	+	1st Sub. (Buff)
	7	+	Representative Ryan D. Wilcox proposes the following substitute bill:
2	8		1 FIREARM POSSESSION AMENDMENTS
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Ryan D. Wilcox
6		-	5 Senate Sponsor: ~~Todd D. Weiler~~
	12	+	5 Senate Sponsor: ____________
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill addresses provisions regarding firearm restrictions.
11	17		10Highlighted Provisions:
12	18		11 This bill:
13	19		12 <requires agencies to run a background check when returning a firearm to an
14	20		13individual from evidence;
15	21		14 <requires a court that reports criminal information to the Criminal Investigations and
16	22		15Technical Service Division to provide the relationship between the victim and the
17	23		16perpetrator in certain circumstances;
18	24		17 <amends the definition of a "restricted person";
19	25		18 <classifies an alien in the state on a nonimmigrant visa in certain circumstances as a
20	26		19restricted person not able to possess, own, or purchase a firearm;
21	27		20 <requires the Bureau of Criminal Identification to inform the local law enforcement
22	28		21agency with jurisdiction over a firearms dealer when a restricted person attempts to
23	29		22purchase a firearm from that dealer;
24	30		23 <clarifies that a restricted person may not use an antique firearm for an activity
25	31		24regulated under the Wildlife Resources Code of Utah; and
26	32		25 <makes technical changes.
	33	+	HB0225S01 1st Sub. (Buff) H.B. 225 01-25-23 1:57 PM
	34	+	- 2 -
27	35		26Money Appropriated in this Bill:
28	36		27 None
29		-	28Other Special Clauses: H.B. 225
30		-	Enrolled Copy
31		-	- 2 -
	37	+	28Other Special Clauses:
32	38		29 This bill provides a coordination clause.
33	39		30Utah Code Sections Affected:
34	40		31AMENDS:
35	41		32 24-3-103, as last amended by Laws of Utah 2021, Chapter 230
36	42		33 53-10-208.1, as last amended by Laws of Utah 2021, Chapter 159
37	43		34 53-10-213, as last amended by Laws of Utah 2020, Chapter 142
38	44		35 76-10-501, as last amended by Laws of Utah 2015, Chapters 212, 406
39	45		36 76-10-503, as last amended by Laws of Utah 2021, Chapter 262
40	46		37 76-10-526, as last amended by Laws of Utah 2021, Chapters 166, 277
41		-	38Utah Code Sections Affected by Coordination Clause:
42		-	39 76-10-503, as last amended by Laws of Utah 2021, Chapter 262
43		-	40
44		-	41Be it enacted by the Legislature of the state of Utah:
45		-	42 Section 1. Section 24-3-103 is amended to read:
46		-	43 24-3-103. Disposition of property.
47		-	44 (1) If a prosecuting attorney determines that seized property no longer needs to be
48		-	45retained for court proceedings, the prosecuting attorney may:
49		-	46 (a) petition the court to apply the property that is money towards restitution, fines, fees,
50		-	47or monetary judgments owed by the owner of the property;
51		-	48 (b) petition the court for an order transferring ownership of [any] weapons to the
52		-	49agency with custody for the agency's use and disposal in accordance with Section 24-3-103.5,
53		-	50if the owner:
54		-	51 (i) is the individual who committed the offense for which the weapon was seized; or
55		-	52 (ii) may not lawfully possess the weapon; or
56		-	53 (c) notify the agency with custody of the property or contraband that:
57		-	54 (i) the property may be returned to the rightful owner if the rightful owner may
58		-	55lawfully possess the property; or Enrolled Copy H.B. 225
	47	+	38
	48	+	39Be it enacted by the Legislature of the state of Utah:
	49	+	40 Section 1. Section 24-3-103 is amended to read:
	50	+	41 24-3-103. Disposition of property.
	51	+	42 (1) If a prosecuting attorney determines that seized property no longer needs to be
	52	+	43retained for court proceedings, the prosecuting attorney may:
	53	+	44 (a) petition the court to apply the property that is money towards restitution, fines, fees,
	54	+	45or monetary judgments owed by the owner of the property;
	55	+	46 (b) petition the court for an order transferring ownership of [any] weapons to the
	56	+	47agency with custody for the agency's use and disposal in accordance with Section 24-3-103.5,
	57	+	48if the owner:
	58	+	49 (i) is the individual who committed the offense for which the weapon was seized; or
	59	+	50 (ii) may not lawfully possess the weapon; or
	60	+	51 (c) notify the agency with custody of the property or contraband that:
	61	+	52 (i) the property may be returned to the rightful owner if the rightful owner may
	62	+	53lawfully possess the property; or
	63	+	54 (ii) the contraband may be disposed of or destroyed.
	64	+	55 (2) Before returning a firearm to an individual, the agency returning the firearm shall
	65	+	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
59	66		- 3 -
60		-	56 (ii) the contraband may be disposed of or destroyed.
61		-	57 (2) Before returning a firearm to an individual, the agency returning the firearm shall
62		-	58confirm, through the Bureau of Criminal Identification, that the individual is eligible to
63		-	59lawfully possess and receive firearms.
64		-	60 [(2)] (3) The agency shall exercise due diligence in attempting to notify the rightful
65		-	61owner of the property to advise the owner that the property is to be returned.
66		-	62 [(3)] (4) (a) For a computer determined to be contraband, a court may order the
67		-	63reasonable extraction and return of specifically described personal digital data to the rightful
68		-	64owner.
69		-	65 (b) The law enforcement agency shall determine a reasonable cost to extract the data.
70		-	66 (c) At the time of the request to extract the data, the owner of the computer shall pay
71		-	67the agency the cost to extract the data.
72		-	68 [(4)] (5) (a) Before an agency may release seized property to a person claiming
73		-	69ownership of the property, the person shall establish in accordance with Subsection [(4)(b)]
74		-	70(5)(b) that the person:
75		-	71 (i) is the rightful owner; and
76		-	72 (ii) may lawfully possess the property.
77		-	73 (b) The person shall establish ownership under Subsection [(4)(a)] (5)(a) by providing
78		-	74to the agency:
79		-	75 (i) identifying proof or documentation of ownership of the property; or
80		-	76 (ii) a notarized statement if proof or documentation is not available.
81		-	77 [(5)] (6) (a) When seized property is returned to the owner, the owner shall sign a
82		-	78receipt listing in detail the property that is returned.
83		-	79 (b) The agency shall:
84		-	80 (i) retain a copy of the receipt; and
85		-	81 (ii) provide a copy of the receipt to the owner.
86		-	82 [(6)] (7) (a) Except as provided in Subsection [(6)(b)] (7)(b), if the agency is unable to H.B. 225
87		-	Enrolled Copy
	67	+	57lawfully possess and receive firearms.
	68	+	58 [(2)] (3) The agency shall exercise due diligence in attempting to notify the rightful
	69	+	59owner of the property to advise the owner that the property is to be returned.
	70	+	60 [(3)] (4) (a) For a computer determined to be contraband, a court may order the
	71	+	61reasonable extraction and return of specifically described personal digital data to the rightful
	72	+	62owner.
	73	+	63 (b) The law enforcement agency shall determine a reasonable cost to extract the data.
	74	+	64 (c) At the time of the request to extract the data, the owner of the computer shall pay
	75	+	65the agency the cost to extract the data.
	76	+	66 [(4)] (5) (a) Before an agency may release seized property to a person claiming
	77	+	67ownership of the property, the person shall establish in accordance with Subsection [(4)(b)]
	78	+	68(5)(b) that the person:
	79	+	69 (i) is the rightful owner; and
	80	+	70 (ii) may lawfully possess the property.
	81	+	71 (b) The person shall establish ownership under Subsection [(4)(a)] (5)(a) by providing
	82	+	72to the agency:
	83	+	73 (i) identifying proof or documentation of ownership of the property; or
	84	+	74 (ii) a notarized statement if proof or documentation is not available.
	85	+	75 [(5)] (6) (a) When seized property is returned to the owner, the owner shall sign a
	86	+	76receipt listing in detail the property that is returned.
	87	+	77 (b) The agency shall:
	88	+	78 (i) retain a copy of the receipt; and
	89	+	79 (ii) provide a copy of the receipt to the owner.
	90	+	80 [(6)] (7) (a) Except as provided in Subsection [(6)(b)] (7)(b), if the agency is unable to
	91	+	81locate the rightful owner of the property or the rightful owner is not entitled to lawfully possess
	92	+	82the property, the agency may:
	93	+	83 (i) apply the property to a public interest use;
	94	+	84 (ii) sell the property at public auction and apply the proceeds of the sale to a public
	95	+	85interest use; or
	96	+	86 (iii) destroy the property if the property is unfit for a public interest use or for sale.
	97	+	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
88	98		- 4 -
89		-	83locate the rightful owner of the property or the rightful owner is not entitled to lawfully possess
90		-	84the property, the agency may:
91		-	85 (i) apply the property to a public interest use;
92		-	86 (ii) sell the property at public auction and apply the proceeds of the sale to a public
93		-	87interest use; or
94		-	88 (iii) destroy the property if the property is unfit for a public interest use or for sale.
95		-	89 (b) If the property described in Subsection [(6)(a)] (7)(a) is a firearm, the agency shall
96		-	90dispose of the firearm in accordance with Section 24-3-103.5.
97		-	91 [(7)] (8) Before applying the property or the proceeds from the sale of the property to a
98		-	92public interest use, the agency shall obtain from the legislative body of the agency's
99		-	93jurisdiction:
100		-	94 (a) permission to apply the property or the proceeds to public interest use; and
101		-	95 (b) the designation and approval of the public interest use of the property or the
102		-	96proceeds.
103		-	97 [(8)] (9) If a peace officer seizes property that at the time of seizure is held by a pawn
104		-	98or secondhand business in the course of the pawn or secondhand business's business, the
105		-	99provisions of Section 13-32a-116 shall apply to the disposition of the property.
106		-	100 Section 2. Section 53-10-208.1 is amended to read:
107		-	101 53-10-208.1. Magistrates and court clerks to supply information.
108		-	102 (1) Every magistrate or clerk of a court responsible for court records in this state shall,
109		-	103within 30 days after the day of the disposition and on forms and in the manner provided by the
110		-	104division, furnish the division with information pertaining to:
111		-	105 (a) all dispositions of criminal matters, including:
112		-	106 (i) guilty pleas;
113		-	107 (ii) convictions;
114		-	108 (iii) dismissals;
115		-	109 (iv) acquittals; Enrolled Copy H.B. 225
	99	+	88dispose of the firearm in accordance with Section 24-3-103.5.
	100	+	89 [(7)] (8) Before applying the property or the proceeds from the sale of the property to a
	101	+	90public interest use, the agency shall obtain from the legislative body of the agency's
	102	+	91jurisdiction:
	103	+	92 (a) permission to apply the property or the proceeds to public interest use; and
	104	+	93 (b) the designation and approval of the public interest use of the property or the
	105	+	94proceeds.
	106	+	95 [(8)] (9) If a peace officer seizes property that at the time of seizure is held by a pawn
	107	+	96or secondhand business in the course of the pawn or secondhand business's business, the
	108	+	97provisions of Section 13-32a-116 shall apply to the disposition of the property.
	109	+	98 Section 2. Section 53-10-208.1 is amended to read:
	110	+	99 53-10-208.1. Magistrates and court clerks to supply information.
	111	+	100 (1) Every magistrate or clerk of a court responsible for court records in this state shall,
	112	+	101within 30 days after the day of the disposition and on forms and in the manner provided by the
	113	+	102division, furnish the division with information pertaining to:
	114	+	103 (a) all dispositions of criminal matters, including:
	115	+	104 (i) guilty pleas;
	116	+	105 (ii) convictions;
	117	+	106 (iii) dismissals;
	118	+	107 (iv) acquittals;
	119	+	108 (v) pleas [held] in abeyance;
	120	+	109 (vi) judgments of not guilty by reason of insanity;
	121	+	110 (vii) judgments of guilty with a mental illness;
	122	+	111 (viii) finding of mental incompetence to stand trial; and
	123	+	112 (ix) probations granted;
	124	+	113 (b) orders of civil commitment under the terms of Section 62A-15-631;
	125	+	114 (c) the issuance, recall, cancellation, or modification of all warrants of arrest or
	126	+	115commitment as described in Rule 6, Utah Rules of Criminal Procedure and Section 78B-6-303,
	127	+	116within one day of the action and in a manner provided by the division; and
	128	+	117 (d) protective orders issued after notice and hearing, pursuant to:
	129	+	118 (i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act; 01-25-23 1:57 PM 1st Sub. (Buff) H.B. 225
116	130		- 5 -
117		-	110 (v) pleas [held] in abeyance;
118		-	111 (vi) judgments of not guilty by reason of insanity;
119		-	112 (vii) judgments of guilty with a mental illness;
120		-	113 (viii) finding of mental incompetence to stand trial; and
121		-	114 (ix) probations granted;
122		-	115 (b) orders of civil commitment under the terms of Section 62A-15-631;
123		-	116 (c) the issuance, recall, cancellation, or modification of all warrants of arrest or
124		-	117commitment as described in Rule 6, Utah Rules of Criminal Procedure and Section 78B-6-303,
125		-	118within one day of the action and in a manner provided by the division; and
126		-	119 (d) protective orders issued after notice and hearing, pursuant to:
127		-	120 (i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
128		-	121 (ii) Title 78B, Chapter 7, Part 4, Dating Violence Protective Orders;
129		-	122 (iii) Title 78B, Chapter 7, Part 5, Sexual Violence Protective Orders;
130		-	123 (iv) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders; or
131		-	124 (v) Title 78B, Chapter 7, Part 8, Criminal Protective Orders.
132		-	125 (2) When transmitting information on a criminal matter under Subsection (1)(a)(i), (ii),
133		-	126(v), or (vii) for a conviction of misdemeanor assault under Section 76-5-102, the magistrate or
134		-	127clerk of a court shall include available information regarding whether the conviction for assault
135		-	128resulted from an assault against an individual:
136		-	129 (a) who is included in at least one of the relationship categories described in
137		-	130Subsection 76-10-503(1)(b)(xi); or
138		-	131 (b) with whom none of the relationships described in Subsection 76-10-503(1)(b)(xi)
139		-	132apply.
140		-	133 [(2)] (3) The court in the county where a determination or finding was made shall
141		-	134transmit a record of the determination or finding to the bureau no later than 48 hours after the
142		-	135determination is made, excluding Saturdays, Sundays, and legal holidays, if an individual is:
143		-	136 (a) adjudicated as a mental defective; or H.B. 225
144		-	Enrolled Copy
	131	+	119 (ii) Title 78B, Chapter 7, Part 4, Dating Violence Protective Orders;
	132	+	120 (iii) Title 78B, Chapter 7, Part 5, Sexual Violence Protective Orders;
	133	+	121 (iv) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders; or
	134	+	122 (v) Title 78B, Chapter 7, Part 8, Criminal Protective Orders.
	135	+	123 (2) When transmitting information on a criminal matter under Subsection (1)(a)(i), (ii),
	136	+	124(v), or (vii) for a conviction of misdemeanor assault under Section 76-5-102, the magistrate or
	137	+	125clerk of a court shall include available information regarding whether the conviction for assault
	138	+	126resulted from an assault against an individual:
	139	+	127 (a) who is included in at least one of the relationship categories described in
	140	+	128Subsection 76-10-503(1)(b)(xi); or
	141	+	129 (b) with whom none of the relationships described in Subsection 76-10-503(1)(b)(xi)
	142	+	130apply.
	143	+	131 [(2)] (3) The court in the county where a determination or finding was made shall
	144	+	132transmit a record of the determination or finding to the bureau no later than 48 hours after the
	145	+	133determination is made, excluding Saturdays, Sundays, and legal holidays, if an individual is:
	146	+	134 (a) adjudicated as a mental defective; or
	147	+	135 (b) involuntarily committed to a mental institution in accordance with Subsection
	148	+	13662A-15-631(16).
	149	+	137 [(3)] (4) The record described in Subsection [(2)] (3) shall include:
	150	+	138 (a) an agency record identifier;
	151	+	139 (b) the individual's name, sex, race, and date of birth; and
	152	+	140 (c) the individual's social security number, government issued driver license or
	153	+	141identification number, alien registration number, government passport number, state
	154	+	142identification number, or FBI number.
	155	+	143 Section 3. Section 53-10-213 is amended to read:
	156	+	144 53-10-213. Reporting requirements.
	157	+	145 (1) The bureau shall submit the record received from the court in accordance with
	158	+	146Subsection 78B-7-603(5)(e) to the National Crime Information Center within 48 hours of
	159	+	147receipt, excluding Saturdays, Sundays, and legal holidays.
	160	+	148 (2) The bureau shall submit the record received from the court in accordance with
	161	+	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
145	162		- 6 -
146		-	137 (b) involuntarily committed to a mental institution in accordance with Subsection
147		-	13862A-15-631(16).
148		-	139 [(3)] (4) The record described in Subsection [(2)] (3) shall include:
149		-	140 (a) an agency record identifier;
150		-	141 (b) the individual's name, sex, race, and date of birth; and
151		-	142 (c) the individual's social security number, government issued driver license or
152		-	143identification number, alien registration number, government passport number, state
153		-	144identification number, or FBI number.
154		-	145 Section 3. Section 53-10-213 is amended to read:
155		-	146 53-10-213. Reporting requirements.
156		-	147 (1) The bureau shall submit the record received from the court in accordance with
157		-	148Subsection 78B-7-603(5)(e) to the National Crime Information Center within 48 hours of
158		-	149receipt, excluding Saturdays, Sundays, and legal holidays.
159		-	150 (2) The bureau shall submit the record received from the court in accordance with
160		-	151Subsection [53-10-208.1(2)] 53-10-208.1(3) to the National Instant Criminal Background
161		-	152Check System within 48 hours of receipt, excluding Saturdays, Sundays, and legal holidays.
162		-	153 Section 4. Section 76-10-501 is amended to read:
163		-	154 76-10-501. Definitions.
164		-	155 As used in this part:
165		-	156 (1) (a) "Antique firearm" means:
166		-	157 (i) any firearm, including any firearm with a matchlock, flintlock, percussion cap, or
167		-	158similar type of ignition system, manufactured in or before 1898; or
168		-	159 (ii) a firearm that is a replica of any firearm described in this Subsection (1)(a), if the
169		-	160replica:
170		-	161 (A) is not designed or redesigned for using rimfire or conventional centerfire fixed
171		-	162ammunition; or
172		-	163 (B) uses rimfire or centerfire fixed ammunition which is: Enrolled Copy H.B. 225
	163	+	150Check System within 48 hours of receipt, excluding Saturdays, Sundays, and legal holidays.
	164	+	151 Section 4. Section 76-10-501 is amended to read:
	165	+	152 76-10-501. Definitions.
	166	+	153 As used in this part:
	167	+	154 (1) (a) "Antique firearm" means:
	168	+	155 (i) any firearm, including any firearm with a matchlock, flintlock, percussion cap, or
	169	+	156similar type of ignition system, manufactured in or before 1898; or
	170	+	157 (ii) a firearm that is a replica of any firearm described in this Subsection (1)(a), if the
	171	+	158replica:
	172	+	159 (A) is not designed or redesigned for using rimfire or conventional centerfire fixed
	173	+	160ammunition; or
	174	+	161 (B) uses rimfire or centerfire fixed ammunition which is:
	175	+	162 (I) no longer manufactured in the United States; and
	176	+	163 (II) is not readily available in ordinary channels of commercial trade; or
	177	+	164 (iii) (A) that is a muzzle loading rifle, shotgun, or pistol; and
	178	+	165 (B) is designed to use black powder, or a black powder substitute, and cannot use fixed
	179	+	166ammunition.
	180	+	167 (b) "Antique firearm" does not include:
	181	+	168 (i) a weapon that incorporates a firearm frame or receiver;
	182	+	169 (ii) a firearm that is converted into a muzzle loading weapon; or
	183	+	170 (iii) a muzzle loading weapon that can be readily converted to fire fixed ammunition by
	184	+	171replacing the:
	185	+	172 (A) barrel;
	186	+	173 (B) bolt;
	187	+	174 (C) breechblock; or
	188	+	175 (D) any combination of Subsection (1)(b)(iii)(A), (B), or (C).
	189	+	176 (2) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
	190	+	177within the Department of Public Safety.
	191	+	178 (3) (a) "Concealed firearm" means a firearm that is:
	192	+	179 (i) covered, hidden, or secreted in a manner that the public would not be aware of its
	193	+	180presence; and 01-25-23 1:57 PM 1st Sub. (Buff) H.B. 225
173	194		- 7 -
174		-	164 (I) no longer manufactured in the United States; and
175		-	165 (II) is not readily available in ordinary channels of commercial trade; or
176		-	166 (iii) (A) that is a muzzle loading rifle, shotgun, or pistol; and
177		-	167 (B) is designed to use black powder, or a black powder substitute, and cannot use fixed
178		-	168ammunition.
179		-	169 (b) "Antique firearm" does not include:
180		-	170 (i) a weapon that incorporates a firearm frame or receiver;
181		-	171 (ii) a firearm that is converted into a muzzle loading weapon; or
182		-	172 (iii) a muzzle loading weapon that can be readily converted to fire fixed ammunition by
183		-	173replacing the:
184		-	174 (A) barrel;
185		-	175 (B) bolt;
186		-	176 (C) breechblock; or
187		-	177 (D) any combination of Subsection (1)(b)(iii)(A), (B), or (C).
188		-	178 (2) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
189		-	179within the Department of Public Safety.
190		-	180 (3) (a) "Concealed firearm" means a firearm that is:
191		-	181 (i) covered, hidden, or secreted in a manner that the public would not be aware of its
192		-	182presence; and
193		-	183 (ii) readily accessible for immediate use.
194		-	184 (b) A firearm that is unloaded and securely encased is not a concealed firearm for the
195		-	185purposes of this part.
196		-	186 (4) "Criminal history background check" means a criminal background check
197		-	187conducted by a licensed firearms dealer on every purchaser of a handgun, except a Federal
198		-	188Firearms Licensee, through the bureau or the local law enforcement agency where the firearms
199		-	189dealer conducts business.
200		-	190 (5) "Curio or relic firearm" means a firearm that: H.B. 225
201		-	Enrolled Copy
	195	+	181 (ii) readily accessible for immediate use.
	196	+	182 (b) A firearm that is unloaded and securely encased is not a concealed firearm for the
	197	+	183purposes of this part.
	198	+	184 (4) "Criminal history background check" means a criminal background check
	199	+	185conducted by a licensed firearms dealer on every purchaser of a handgun, except a Federal
	200	+	186Firearms Licensee, through the bureau or the local law enforcement agency where the firearms
	201	+	187dealer conducts business.
	202	+	188 (5) "Curio or relic firearm" means a firearm that:
	203	+	189 (a) is of special interest to a collector because of a quality that is not associated with
	204	+	190firearms intended for:
	205	+	191 (i) sporting use;
	206	+	192 (ii) use as an offensive weapon; or
	207	+	193 (iii) use as a defensive weapon;
	208	+	194 (b) (i) was manufactured at least 50 years before the current date; and
	209	+	195 (ii) is not a replica of a firearm described in Subsection (5)(b)(i);
	210	+	196 (c) is certified by the curator of a municipal, state, or federal museum that exhibits
	211	+	197firearms to be a curio or relic of museum interest;
	212	+	198 (d) derives a substantial part of its monetary value:
	213	+	199 (i) from the fact that the firearm is:
	214	+	200 (A) novel;
	215	+	201 (B) rare; or
	216	+	202 (C) bizarre; or
	217	+	203 (ii) because of the firearm's association with an historical:
	218	+	204 (A) figure;
	219	+	205 (B) period; or
	220	+	206 (C) event; and
	221	+	207 (e) has been designated as a curio or relic firearm by the director of the United States
	222	+	208Treasury Department Bureau of Alcohol, Tobacco, and Firearms under 27 C.F.R. Sec. 478.11.
	223	+	209 (6) (a) "Dangerous weapon" means:
	224	+	210 (i) a firearm; or
	225	+	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
202	226		- 8 -
203		-	191 (a) is of special interest to a collector because of a quality that is not associated with
204		-	192firearms intended for:
205		-	193 (i) sporting use;
206		-	194 (ii) use as an offensive weapon; or
207		-	195 (iii) use as a defensive weapon;
208		-	196 (b) (i) was manufactured at least 50 years before the current date; and
209		-	197 (ii) is not a replica of a firearm described in Subsection (5)(b)(i);
210		-	198 (c) is certified by the curator of a municipal, state, or federal museum that exhibits
211		-	199firearms to be a curio or relic of museum interest;
212		-	200 (d) derives a substantial part of its monetary value:
213		-	201 (i) from the fact that the firearm is:
214		-	202 (A) novel;
215		-	203 (B) rare; or
216		-	204 (C) bizarre; or
217		-	205 (ii) because of the firearm's association with an historical:
218		-	206 (A) figure;
219		-	207 (B) period; or
220		-	208 (C) event; and
221		-	209 (e) has been designated as a curio or relic firearm by the director of the United States
222		-	210Treasury Department Bureau of Alcohol, Tobacco, and Firearms under 27 C.F.R. Sec. 478.11.
223		-	211 (6) (a) "Dangerous weapon" means:
224		-	212 (i) a firearm; or
225		-	213 (ii) an object that in the manner of its use or intended use is capable of causing death or
226		-	214serious bodily injury.
227		-	215 (b) The following factors are used in determining whether any object, other than a
228		-	216firearm, is a dangerous weapon:
229		-	217 (i) the location and circumstances in which the object was used or possessed; Enrolled Copy H.B. 225
	227	+	212serious bodily injury.
	228	+	213 (b) The following factors are used in determining whether any object, other than a
	229	+	214firearm, is a dangerous weapon:
	230	+	215 (i) the location and circumstances in which the object was used or possessed;
	231	+	216 (ii) the primary purpose for which the object was made;
	232	+	217 (iii) the character of the wound, if any, produced by the object's unlawful use;
	233	+	218 (iv) the manner in which the object was unlawfully used;
	234	+	219 (v) whether the manner in which the object is used or possessed constitutes a potential
	235	+	220imminent threat to public safety; and
	236	+	221 (vi) the lawful purposes for which the object may be used.
	237	+	222 (c) "Dangerous weapon" does not include an explosive, chemical, or incendiary device
	238	+	223as defined by Section 76-10-306.
	239	+	224 (7) (a) "Dating relationship" means a romantic or intimate relationship between
	240	+	225individuals.
	241	+	226 (b) "Dating relationship" does not include a casual acquaintanceship or ordinary
	242	+	227fraternization in a business or social context.
	243	+	228 [(7)] (8) "Dealer" means a person who is:
	244	+	229 (a) licensed under 18 U.S.C. Sec. 923; and
	245	+	230 (b) engaged in the business of selling, leasing, or otherwise transferring a handgun,
	246	+	231whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
	247	+	232 [(8)] (9) "Enter" means intrusion of the entire body.
	248	+	233 [(9)] (10) "Federal Firearms Licensee" means a person who:
	249	+	234 (a) holds a valid Federal Firearms License issued under 18 U.S.C. Sec. 923; and
	250	+	235 (b) is engaged in the activities authorized by the specific category of license held.
	251	+	236 [(10)] (11) (a) "Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle
	252	+	237or short barreled rifle, or a device that could be used as a dangerous weapon from which is
	253	+	238expelled a projectile by action of an explosive.
	254	+	239 (b) As used in Sections 76-10-526 and 76-10-527, "firearm" does not include an
	255	+	240antique firearm.
	256	+	241 [(11)] (12) "Firearms transaction record form" means a form created by the bureau to
	257	+	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
230	258		- 9 -
231		-	218 (ii) the primary purpose for which the object was made;
232		-	219 (iii) the character of the wound, if any, produced by the object's unlawful use;
233		-	220 (iv) the manner in which the object was unlawfully used;
234		-	221 (v) whether the manner in which the object is used or possessed constitutes a potential
235		-	222imminent threat to public safety; and
236		-	223 (vi) the lawful purposes for which the object may be used.
237		-	224 (c) "Dangerous weapon" does not include an explosive, chemical, or incendiary device
238		-	225as defined by Section 76-10-306.
239		-	226 (7) (a) "Dating relationship" means a romantic or intimate relationship between
240		-	227individuals.
241		-	228 (b) "Dating relationship" does not include a casual acquaintanceship or ordinary
242		-	229fraternization in a business or social context.
243		-	230 [(7)] (8) "Dealer" means a person who is:
244		-	231 (a) licensed under 18 U.S.C. Sec. 923; and
245		-	232 (b) engaged in the business of selling, leasing, or otherwise transferring a handgun,
246		-	233whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
247		-	234 [(8)] (9) "Enter" means intrusion of the entire body.
248		-	235 [(9)] (10) "Federal Firearms Licensee" means a person who:
249		-	236 (a) holds a valid Federal Firearms License issued under 18 U.S.C. Sec. 923; and
250		-	237 (b) is engaged in the activities authorized by the specific category of license held.
251		-	238 [(10)] (11) (a) "Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle
252		-	239or short barreled rifle, or a device that could be used as a dangerous weapon from which is
253		-	240expelled a projectile by action of an explosive.
254		-	241 (b) As used in Sections 76-10-526 and 76-10-527, "firearm" does not include an
255		-	242antique firearm.
256		-	243 [(11)] (12) "Firearms transaction record form" means a form created by the bureau to
257		-	244be completed by a person purchasing, selling, or transferring a handgun from a dealer in the H.B. 225
258		-	Enrolled Copy
	259	+	243state.
	260	+	244 [(12)] (13) "Fully automatic weapon" means a firearm which fires, is designed to fire,
	261	+	245or can be readily restored to fire, automatically more than one shot without manual reloading
	262	+	246by a single function of the trigger.
	263	+	247 [(13)] (14) (a) "Handgun" means a pistol, revolver, or other firearm of any description,
	264	+	248loaded or unloaded, from which a shot, bullet, or other missile can be discharged, the length of
	265	+	249which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches.
	266	+	250 (b) As used in Sections 76-10-520, 76-10-521, and 76-10-522, "handgun" and "pistol
	267	+	251or revolver" do not include an antique firearm.
	268	+	252 [(14)] (15) "House of worship" means a church, temple, synagogue, mosque, or other
	269	+	253building set apart primarily for the purpose of worship in which religious services are held and
	270	+	254the main body of which is kept for that use and not put to any other use inconsistent with its
	271	+	255primary purpose.
	272	+	256 [(15)] (16) "Prohibited area" means a place where it is unlawful to discharge a firearm.
	273	+	257 [(16)] (17) "Readily accessible for immediate use" means that a firearm or other
	274	+	258dangerous weapon is carried on the person or within such close proximity and in such a manner
	275	+	259that it can be retrieved and used as readily as if carried on the person.
	276	+	260 [(17)] (18) "Residence" means an improvement to real property used or occupied as a
	277	+	261primary or secondary residence.
	278	+	262 [(18)] (19) "Securely encased" means not readily accessible for immediate use, such as
	279	+	263held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other
	280	+	264storage area of a motor vehicle, not including a glove box or console box.
	281	+	265 [(19)] (20) "Short barreled shotgun" or "short barreled rifle" means a shotgun having a
	282	+	266barrel or barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or
	283	+	267barrels of fewer than 16 inches in length, or a dangerous weapon made from a rifle or shotgun
	284	+	268by alteration, modification, or otherwise, if the weapon as modified has an overall length of
	285	+	269fewer than 26 inches.
	286	+	270 [(20)] (21) "Shotgun" means a smooth bore firearm designed to fire cartridges
	287	+	271containing pellets or a single slug.
	288	+	272 [(21)] (22) "Shoulder arm" means a firearm that is designed to be fired while braced
	289	+	273against the shoulder. 1st Sub. (Buff) H.B. 225 01-25-23 1:57 PM
259	290		- 10 -
260		-	245state.
261		-	246 [(12)] (13) "Fully automatic weapon" means a firearm which fires, is designed to fire,
262		-	247or can be readily restored to fire, automatically more than one shot without manual reloading
263		-	248by a single function of the trigger.
264		-	249 [(13)] (14) (a) "Handgun" means a pistol, revolver, or other firearm of any description,
265		-	250loaded or unloaded, from which a shot, bullet, or other missile can be discharged, the length of
266		-	251which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches.
267		-	252 (b) As used in Sections 76-10-520, 76-10-521, and 76-10-522, "handgun" and "pistol
268		-	253or revolver" do not include an antique firearm.
269		-	254 [(14)] (15) "House of worship" means a church, temple, synagogue, mosque, or other
270		-	255building set apart primarily for the purpose of worship in which religious services are held and
271		-	256the main body of which is kept for that use and not put to any other use inconsistent with its
272		-	257primary purpose.
273		-	258 [(15)] (16) "Prohibited area" means a place where it is unlawful to discharge a firearm.
274		-	259 [(16)] (17) "Readily accessible for immediate use" means that a firearm or other
275		-	260dangerous weapon is carried on the person or within such close proximity and in such a manner
276		-	261that it can be retrieved and used as readily as if carried on the person.
277		-	262 [(17)] (18) "Residence" means an improvement to real property used or occupied as a
278		-	263primary or secondary residence.
279		-	264 [(18)] (19) "Securely encased" means not readily accessible for immediate use, such as
280		-	265held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other
281		-	266storage area of a motor vehicle, not including a glove box or console box.
282		-	267 [(19)] (20) "Short barreled shotgun" or "short barreled rifle" means a shotgun having a
283		-	268barrel or barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or
284		-	269barrels of fewer than 16 inches in length, or a dangerous weapon made from a rifle or shotgun
285		-	270by alteration, modification, or otherwise, if the weapon as modified has an overall length of
286		-	271fewer than 26 inches. Enrolled Copy H.B. 225
	291	+	274 [(22)] (23) "Slug" means a single projectile discharged from a shotgun shell.
	292	+	275 [(23)] (24) "State entity" means a department, commission, board, council, agency,
	293	+	276institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
	294	+	277unit, bureau, panel, or other administrative unit of the state.
	295	+	278 [(24)] (25) "Violent felony" means the same as that term is defined in Section
	296	+	27976-3-203.5.
	297	+	280 Section 5. Section 76-10-503 is amended to read:
	298	+	281 76-10-503. Restrictions on possession, purchase, transfer, and ownership of
	299	+	282dangerous weapons by certain persons -- Exceptions.
	300	+	283 (1) For purposes of this section:
	301	+	284 (a) A Category I restricted person is a person who:
	302	+	285 (i) has been convicted of [any] a violent felony as defined in Section 76-3-203.5;
	303	+	286 (ii) is on probation or parole for [any] a felony;
	304	+	287 (iii) is on parole from secure care, as defined in Section 80-1-102;
	305	+	288 (iv) within the last 10 years has been adjudicated under Section 80-6-701 for an offense
	306	+	289which if committed by an adult would have been a violent felony as defined in Section
	307	+	29076-3-203.5;
	308	+	291 (v) is an alien who is illegally or unlawfully in the United States; or
	309	+	292 (vi) is on probation for a conviction of possessing:
	310	+	293 (A) a substance classified in Section 58-37-4 as a Schedule I or II controlled substance;
	311	+	294 (B) a controlled substance analog; or
	312	+	295 (C) a substance listed in Section 58-37-4.2.
	313	+	296 (b) A Category II restricted person is a person who:
	314	+	297 (i) has been convicted of [any] a felony;
	315	+	298 (ii) within the last seven years has been adjudicated delinquent for an offense which if
	316	+	299committed by an adult would have been a felony;
	317	+	300 (iii) is an unlawful user of a controlled substance as defined in Section 58-37-2;
	318	+	301 (iv) is in possession of a dangerous weapon and is knowingly and intentionally in
	319	+	302unlawful possession of a Schedule I or II controlled substance as defined in Section 58-37-2;
	320	+	303 (v) has been found not guilty by reason of insanity for a felony offense;
	321	+	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
287	322		- 11 -
288		-	272 [(20)] (21) "Shotgun" means a smooth bore firearm designed to fire cartridges
289		-	273containing pellets or a single slug.
290		-	274 [(21)] (22) "Shoulder arm" means a firearm that is designed to be fired while braced
291		-	275against the shoulder.
292		-	276 [(22)] (23) "Slug" means a single projectile discharged from a shotgun shell.
293		-	277 [(23)] (24) "State entity" means a department, commission, board, council, agency,
294		-	278institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
295		-	279unit, bureau, panel, or other administrative unit of the state.
296		-	280 [(24)] (25) "Violent felony" means the same as that term is defined in Section
297		-	28176-3-203.5.
298		-	282 Section 5. Section 76-10-503 is amended to read:
299		-	283 76-10-503. Restrictions on possession, purchase, transfer, and ownership of
300		-	284dangerous weapons by certain persons -- Exceptions.
301		-	285 (1) For purposes of this section:
302		-	286 (a) A Category I restricted person is a person who:
303		-	287 (i) has been convicted of [any] a violent felony as defined in Section 76-3-203.5;
304		-	288 (ii) is on probation or parole for [any] a felony;
305		-	289 (iii) is on parole from secure care, as defined in Section 80-1-102;
306		-	290 (iv) within the last 10 years has been adjudicated under Section 80-6-701 for an offense
307		-	291which if committed by an adult would have been a violent felony as defined in Section
308		-	29276-3-203.5;
309		-	293 (v) is an alien who is illegally or unlawfully in the United States; or
310		-	294 (vi) is on probation for a conviction of possessing:
311		-	295 (A) a substance classified in Section 58-37-4 as a Schedule I or II controlled substance;
312		-	296 (B) a controlled substance analog; or
313		-	297 (C) a substance listed in Section 58-37-4.2.
314		-	298 (b) A Category II restricted person is a person who: H.B. 225
315		-	Enrolled Copy
	323	+	305 (vii) has been adjudicated as mentally defective as provided in the Brady Handgun
	324	+	306Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed
	325	+	307to a mental institution;
	326	+	308 (viii) has been dishonorably discharged from the armed forces;
	327	+	309 (ix) has renounced the individual's citizenship after having been a citizen of the United
	328	+	310States;
	329	+	311 (x) is a respondent or defendant subject to a protective order or child protective order
	330	+	312that is issued after a hearing for which the respondent or defendant received actual notice and at
	331	+	313which the respondent or defendant has an opportunity to participate, that restrains the
	332	+	314respondent or defendant from harassing, stalking, threatening, or engaging in other conduct that
	333	+	315would place an intimate partner, as defined in 18 U.S.C. Sec. 921, or a child of the intimate
	334	+	316partner, in reasonable fear of bodily injury to the intimate partner or child of the intimate
	335	+	317partner, and that:
	336	+	318 (A) includes a finding that the respondent or defendant represents a credible threat to
	337	+	319the physical safety of an individual who meets the definition of an intimate partner in 18 U.S.C.
	338	+	320Sec. 921 or the child of the individual; or
	339	+	321 (B) explicitly prohibits the use, attempted use, or threatened use of physical force that
	340	+	322would reasonably be expected to cause bodily harm against an intimate partner or the child of
	341	+	323an intimate partner; [or]
	342	+	324 (xi) except as provided in Subsection (1)(d), has been convicted of the commission or
	343	+	325attempted commission of assault under Section 76-5-102 or aggravated assault under Section
	344	+	32676-5-103 against an individual:
	345	+	327 (A) who is a current or former spouse, parent, or guardian[,];
	346	+	328 (B) [individual] with whom the restricted person shares a child in common[,];
	347	+	329 (C) [individual] who is cohabitating or has cohabitated with the restricted person as a
	348	+	330spouse, parent, or guardian[,];
	349	+	331 (D) involved in a dating relationship with the restricted person within the last five
	350	+	332years; or
	351	+	333 (E) [against an individual] similarly situated to a spouse, parent, or guardian of the
	352	+	334restricted person; or
	353	+	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
316	354		- 12 -
317		-	299 (i) has been convicted of [any] a felony;
318		-	300 (ii) within the last seven years has been adjudicated delinquent for an offense which if
319		-	301committed by an adult would have been a felony;
320		-	302 (iii) is an unlawful user of a controlled substance as defined in Section 58-37-2;
321		-	303 (iv) is in possession of a dangerous weapon and is knowingly and intentionally in
322		-	304unlawful possession of a Schedule I or II controlled substance as defined in Section 58-37-2;
323		-	305 (v) has been found not guilty by reason of insanity for a felony offense;
324		-	306 (vi) has been found mentally incompetent to stand trial for a felony offense;
325		-	307 (vii) has been adjudicated as mentally defective as provided in the Brady Handgun
326		-	308Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed
327		-	309to a mental institution;
328		-	310 (viii) has been dishonorably discharged from the armed forces;
329		-	311 (ix) has renounced the individual's citizenship after having been a citizen of the United
330		-	312States;
331		-	313 (x) is a respondent or defendant subject to a protective order or child protective order
332		-	314that is issued after a hearing for which the respondent or defendant received actual notice and at
333		-	315which the respondent or defendant has an opportunity to participate, that restrains the
334		-	316respondent or defendant from harassing, stalking, threatening, or engaging in other conduct that
335		-	317would place an intimate partner, as defined in 18 U.S.C. Sec. 921, or a child of the intimate
336		-	318partner, in reasonable fear of bodily injury to the intimate partner or child of the intimate
337		-	319partner, and that:
338		-	320 (A) includes a finding that the respondent or defendant represents a credible threat to
339		-	321the physical safety of an individual who meets the definition of an intimate partner in 18 U.S.C.
340		-	322Sec. 921 or the child of the individual; or
341		-	323 (B) explicitly prohibits the use, attempted use, or threatened use of physical force that
342		-	324would reasonably be expected to cause bodily harm against an intimate partner or the child of
343		-	325an intimate partner; [or] Enrolled Copy H.B. 225
	355	+	336as defined in 8 U.S.C. Sec. 1101(a)(26).
	356	+	337 (c) (i) As used in this section, a conviction of a felony or adjudication of delinquency
	357	+	338for an offense which would be a felony if committed by an adult does not include:
	358	+	339 [(i)] (A) a conviction or an adjudication under Section 80-6-701 for an offense
	359	+	340pertaining to antitrust violations, unfair trade practices, restraint of trade, or other similar
	360	+	341offenses relating to the regulation of business practices not involving theft or fraud; or
	361	+	342 [(ii)] (B) a conviction or an adjudication under Section 80-6-701 which, [according to]
	362	+	343in accordance with the law of the jurisdiction in which [it] the conviction or adjudication
	363	+	344occurred, has been expunged, set aside, reduced to a misdemeanor by court order, pardoned or
	364	+	345regarding which the person's civil rights have been restored unless the pardon, reduction,
	365	+	346expungement, or restoration of civil rights expressly provides that the person may not ship,
	366	+	347transport, possess, or receive firearms.
	367	+	348 [(d)] (ii) It is the burden of the defendant in a criminal case to provide evidence that a
	368	+	349conviction or an adjudication under Section 80-6-701 is subject to an exception provided in
	369	+	350Subsection (1)(c)(i), after which it is the burden of the state to prove beyond a reasonable doubt
	370	+	351that the conviction or the adjudication is not subject to that exception.
	371	+	352 (d) A person is not a restricted person for a conviction under Subsection (1)(b)(xi)(D)
	372	+	353if:
	373	+	354 (i) five years have elapsed from the later of:
	374	+	355 (A) the day on which the conviction is entered;
	375	+	356 (B) the day on which the person is released from incarceration following the
	376	+	357conviction; or
	377	+	358 (C) the day on which the person's probation for the conviction is successfully
	378	+	359terminated;
	379	+	360 (ii) the person only has a single conviction for assault as described in Subsection
	380	+	361(1)(b)(xi)(D); and
	381	+	362 (iii) the person is not otherwise a restricted person under Subsection (1)(a) or (b).
	382	+	363 (2) A Category I restricted person who intentionally or knowingly agrees, consents,
	383	+	364offers, or arranges to purchase, transfer, possess, use, or have under the person's custody or
	384	+	365control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under
	385	+	366the person's custody or control: 01-25-23 1:57 PM 1st Sub. (Buff) H.B. 225
344	386		- 13 -
345		-	326 (xi) except as provided in Subsection (1)(d), has been convicted of the commission or
346		-	327attempted commission of assault under Section 76-5-102 or aggravated assault under Section
347		-	32876-5-103 against an individual:
348		-	329 (A) who is a current or former spouse, parent, or guardian[,];
349		-	330 (B) [individual] with whom the restricted person shares a child in common[,];
350		-	331 (C) [individual] who is cohabitating or has cohabitated with the restricted person as a
351		-	332spouse, parent, or guardian[,];
352		-	333 (D) involved in a dating relationship with the restricted person within the last five
353		-	334years; or
354		-	335 (E) [against an individual] similarly situated to a spouse, parent, or guardian of the
355		-	336restricted person; or
356		-	337 (xii) is an alien who has been admitted to the United States under a nonimmigrant visa
357		-	338as defined in 8 U.S.C. Sec. 1101(a)(26).
358		-	339 (c) (i) As used in this section, a conviction of a felony or adjudication of delinquency
359		-	340for an offense which would be a felony if committed by an adult does not include:
360		-	341 [(i)] (A) a conviction or an adjudication under Section 80-6-701 for an offense
361		-	342pertaining to antitrust violations, unfair trade practices, restraint of trade, or other similar
362		-	343offenses relating to the regulation of business practices not involving theft or fraud; or
363		-	344 [(ii)] (B) a conviction or an adjudication under Section 80-6-701 which, [according to]
364		-	345in accordance with the law of the jurisdiction in which [it] the conviction or adjudication
365		-	346occurred, has been expunged, set aside, reduced to a misdemeanor by court order, pardoned or
366		-	347regarding which the person's civil rights have been restored unless the pardon, reduction,
367		-	348expungement, or restoration of civil rights expressly provides that the person may not ship,
368		-	349transport, possess, or receive firearms.
369		-	350 [(d)] (ii) It is the burden of the defendant in a criminal case to provide evidence that a
370		-	351conviction or an adjudication under Section 80-6-701 is subject to an exception provided in
371		-	352Subsection (1)(c)(i), after which it is the burden of the state to prove beyond a reasonable doubt H.B. 225
372		-	Enrolled Copy
	387	+	367 (a) [any] a firearm is guilty of a second degree felony; or
	388	+	368 (b) [any] a dangerous weapon other than a firearm is guilty of a third degree felony.
	389	+	369 (3) [A] Except as provided in Subsection (4), a Category II restricted person who
	390	+	370intentionally or knowingly purchases, transfers, possesses, uses, or has under the person's
	391	+	371custody or control:
	392	+	372 (a) [any] a firearm is guilty of a third degree felony; or
	393	+	373 (b) [any] a dangerous weapon other than a firearm is guilty of a class A misdemeanor.
	394	+	374 (4) A Category II restricted person may possess, use, or have under the person's control
	395	+	375a firearm or dangerous weapon if:
	396	+	376 (a) the person is a Category II restricted person solely due to Subsection (1)(b)(xii);
	397	+	377 (b) the person has been admitted to the United States under a nonimmigrant visa solely
	398	+	378for lawful hunting or sporting purposes;
	399	+	379 (c) the person is in possession of a valid hunting license or permit; and
	400	+	380 (d) the possession, use, or control of the firearm or dangerous weapon is directly
	401	+	381related to the lawful hunting or sporting purposes described in Subsection (4)(b).
	402	+	382 [(4)] (5) A person may be subject to the restrictions of both categories at the same time.
	403	+	383 (6) A Category I or Category II restricted person may not use an antique firearm for an
	404	+	384activity regulated under Title 23, Wildlife Resources Code of Utah.
	405	+	385 [(5)] (7) If a higher penalty than is prescribed in this section is provided in another
	406	+	386section for one who purchases, transfers, possesses, uses, or has under this custody or control
	407	+	387[any] a dangerous weapon, the penalties of that section control.
	408	+	388 [(6)] (8) It is an affirmative defense to a charge based on the definition in Subsection
	409	+	389(1)(b)(iv) that the person was:
	410	+	390 (a) in possession of a controlled substance pursuant to a lawful order of a practitioner
	411	+	391for use of a member of the person's household or for administration to an animal owned by the
	412	+	392person or a member of the person's household; or
	413	+	393 (b) otherwise authorized by law to possess the substance.
	414	+	394 [(7)] (9) (a) It is an affirmative defense to transferring a firearm or other dangerous
	415	+	395weapon by a person restricted under Subsection (2) or (3) that the firearm or dangerous
	416	+	396weapon:
	417	+	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
373	418		- 14 -
374		-	353that the conviction or the adjudication is not subject to that exception.
375		-	354 (d) A person is not a restricted person for a conviction under Subsection (1)(b)(xi)(D)
376		-	355if:
377		-	356 (i) five years have elapsed from the later of:
378		-	357 (A) the day on which the conviction is entered;
379		-	358 (B) the day on which the person is released from incarceration following the
380		-	359conviction; or
381		-	360 (C) the day on which the person's probation for the conviction is successfully
382		-	361terminated;
383		-	362 (ii) the person only has a single conviction for assault as described in Subsection
384		-	363(1)(b)(xi)(D); and
385		-	364 (iii) the person is not otherwise a restricted person under Subsection (1)(a) or (b).
386		-	365 (2) A Category I restricted person who intentionally or knowingly agrees, consents,
387		-	366offers, or arranges to purchase, transfer, possess, use, or have under the person's custody or
388		-	367control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under
389		-	368the person's custody or control:
390		-	369 (a) [any] a firearm is guilty of a second degree felony; or
391		-	370 (b) [any] a dangerous weapon other than a firearm is guilty of a third degree felony.
392		-	371 (3) [A] Except as provided in Subsection (4), a Category II restricted person who
393		-	372intentionally or knowingly purchases, transfers, possesses, uses, or has under the person's
394		-	373custody or control:
395		-	374 (a) [any] a firearm is guilty of a third degree felony; or
396		-	375 (b) [any] a dangerous weapon other than a firearm is guilty of a class A misdemeanor.
397		-	376 (4) A Category II restricted person may possess, use, or have under the person's control
398		-	377a firearm or dangerous weapon if:
399		-	378 (a) the person is a Category II restricted person solely due to Subsection (1)(b)(xii);
400		-	379 (b) the person has been admitted to the United States under a nonimmigrant visa solely Enrolled Copy H.B. 225
	419	+	398person became a restricted person;
	420	+	399 (ii) was not used in or possessed during the commission of a crime or subject to
	421	+	400disposition under Section 24-3-103;
	422	+	401 (iii) is not being held as evidence by a court or law enforcement agency;
	423	+	402 (iv) was transferred to a person not legally prohibited from possessing the weapon; and
	424	+	403 (v) unless a different time is ordered by the court, was transferred within 10 days of the
	425	+	404person becoming a restricted person.
	426	+	405 (b) Subsection [(7)(a)] (9)(a) is not a defense to the use, purchase, or possession on the
	427	+	406person of a firearm or other dangerous weapon by a restricted person.
	428	+	407 [(8)] (10) (a) A person may not sell, transfer, or otherwise dispose of [any] a firearm or
	429	+	408dangerous weapon to [any] a person, knowing that the recipient is a person described in
	430	+	409Subsection (1)(a) or (b).
	431	+	410 (b) A person who violates Subsection [(8)(a)] (10)(a) when the recipient is:
	432	+	411 (i) a person described in Subsection (1)(a) and the transaction involves a firearm, is
	433	+	412guilty of a second degree felony;
	434	+	413 (ii) a person described in Subsection (1)(a) and the transaction involves [any] a
	435	+	414dangerous weapon other than a firearm, and the transferor has knowledge that the recipient
	436	+	415intends to use the weapon for any unlawful purpose, is guilty of a third degree felony;
	437	+	416 (iii) a person described in Subsection (1)(b) and the transaction involves a firearm, is
	438	+	417guilty of a third degree felony; or
	439	+	418 (iv) a person described in Subsection (1)(b) and the transaction involves [any] a
	440	+	419dangerous weapon other than a firearm, and the transferor has knowledge that the recipient
	441	+	420intends to use the weapon for [any] an unlawful purpose, is guilty of a class A misdemeanor.
	442	+	421 [(9)] (11) (a) A person may not knowingly solicit, persuade, encourage or entice a
	443	+	422dealer or other person to sell, transfer or otherwise dispose of a firearm or dangerous weapon
	444	+	423under circumstances which the person knows would be a violation of the law.
	445	+	424 (b) A person may not provide to a dealer or other person [any] information that the
	446	+	425person knows to be materially false information with intent to deceive the dealer or other
	447	+	426person about the legality of a sale, transfer or other disposition of a firearm or dangerous
	448	+	427weapon.
	449	+	428 (c) "Materially false information" means information that portrays an illegal transaction 01-25-23 1:57 PM 1st Sub. (Buff) H.B. 225
401	450		- 15 -
402		-	380for lawful hunting or sporting purposes;
403		-	381 (c) the person is in possession of a valid hunting license or permit; and
404		-	382 (d) the possession, use, or control of the firearm or dangerous weapon is directly
405		-	383related to the lawful hunting or sporting purposes described in Subsection (4)(b).
406		-	384 [(4)] (5) A person may be subject to the restrictions of both categories at the same time.
407		-	385 (6) A Category I or Category II restricted person may not use an antique firearm for an
408		-	386activity regulated under Title 23, Wildlife Resources Code of Utah.
409		-	387 [(5)] (7) If a higher penalty than is prescribed in this section is provided in another
410		-	388section for one who purchases, transfers, possesses, uses, or has under this custody or control
411		-	389[any] a dangerous weapon, the penalties of that section control.
412		-	390 [(6)] (8) It is an affirmative defense to a charge based on the definition in Subsection
413		-	391(1)(b)(iv) that the person was:
414		-	392 (a) in possession of a controlled substance pursuant to a lawful order of a practitioner
415		-	393for use of a member of the person's household or for administration to an animal owned by the
416		-	394person or a member of the person's household; or
417		-	395 (b) otherwise authorized by law to possess the substance.
418		-	396 [(7)] (9) (a) It is an affirmative defense to transferring a firearm or other dangerous
419		-	397weapon by a person restricted under Subsection (2) or (3) that the firearm or dangerous
420		-	398weapon:
421		-	399 (i) was possessed by the person or was under the person's custody or control before the
422		-	400person became a restricted person;
423		-	401 (ii) was not used in or possessed during the commission of a crime or subject to
424		-	402disposition under Section 24-3-103;
425		-	403 (iii) is not being held as evidence by a court or law enforcement agency;
426		-	404 (iv) was transferred to a person not legally prohibited from possessing the weapon; and
427		-	405 (v) unless a different time is ordered by the court, was transferred within 10 days of the
428		-	406person becoming a restricted person. H.B. 225
429		-	Enrolled Copy
	451	+	429as legal or a legal transaction as illegal.
	452	+	430 (d) A person who violates this Subsection [(9)] (11) is guilty of:
	453	+	431 (i) a third degree felony if the transaction involved a firearm; or
	454	+	432 (ii) a class A misdemeanor if the transaction involved a dangerous weapon other than a
	455	+	433firearm.
	456	+	434 Section 6. Section 76-10-526 is amended to read:
	457	+	435 76-10-526. Criminal background check prior to purchase of a firearm -- Fee --
	458	+	436Exemption for concealed firearm permit holders and law enforcement officers.
	459	+	437 (1) For purposes of this section, "valid permit to carry a concealed firearm" does not
	460	+	438include a temporary permit issued under Section 53-5-705.
	461	+	439 (2) (a) To establish personal identification and residence in this state for purposes of
	462	+	440this part, a dealer shall require an individual receiving a firearm to present one photo
	463	+	441identification on a form issued by a governmental agency of the state.
	464	+	442 (b) A dealer may not accept a driving privilege card issued under Section 53-3-207 as
	465	+	443proof of identification for the purpose of establishing personal identification and residence in
	466	+	444this state as required under this Subsection (2).
	467	+	445 (3) (a) A criminal history background check is required for the sale of a firearm by a
	468	+	446licensed firearm dealer in the state.
	469	+	447 (b) Subsection (3)(a) does not apply to the sale of a firearm to a Federal Firearms
	470	+	448Licensee.
	471	+	449 (4) (a) An individual purchasing a firearm from a dealer shall consent in writing to a
	472	+	450criminal background check, on a form provided by the bureau.
	473	+	451 (b) The form shall contain the following information:
	474	+	452 (i) the dealer identification number;
	475	+	453 (ii) the name and address of the individual receiving the firearm;
	476	+	454 (iii) the date of birth, height, weight, eye color, and hair color of the individual
	477	+	455receiving the firearm; and
	478	+	456 (iv) the social security number or any other identification number of the individual
	479	+	457receiving the firearm.
	480	+	458 (5) (a) The dealer shall send the information required by Subsection (4) to the bureau
	481	+	459immediately upon its receipt by the dealer. 1st Sub. (Buff) H.B. 225 01-25-23 1:57 PM
430	482		- 16 -
431		-	407 (b) Subsection [(7)(a)] (9)(a) is not a defense to the use, purchase, or possession on the
432		-	408person of a firearm or other dangerous weapon by a restricted person.
433		-	409 [(8)] (10) (a) A person may not sell, transfer, or otherwise dispose of [any] a firearm or
434		-	410dangerous weapon to [any] a person, knowing that the recipient is a person described in
435		-	411Subsection (1)(a) or (b).
436		-	412 (b) A person who violates Subsection [(8)(a)] (10)(a) when the recipient is:
437		-	413 (i) a person described in Subsection (1)(a) and the transaction involves a firearm, is
438		-	414guilty of a second degree felony;
439		-	415 (ii) a person described in Subsection (1)(a) and the transaction involves [any] a
440		-	416dangerous weapon other than a firearm, and the transferor has knowledge that the recipient
441		-	417intends to use the weapon for any unlawful purpose, is guilty of a third degree felony;
442		-	418 (iii) a person described in Subsection (1)(b) and the transaction involves a firearm, is
443		-	419guilty of a third degree felony; or
444		-	420 (iv) a person described in Subsection (1)(b) and the transaction involves [any] a
445		-	421dangerous weapon other than a firearm, and the transferor has knowledge that the recipient
446		-	422intends to use the weapon for [any] an unlawful purpose, is guilty of a class A misdemeanor.
447		-	423 [(9)] (11) (a) A person may not knowingly solicit, persuade, encourage or entice a
448		-	424dealer or other person to sell, transfer or otherwise dispose of a firearm or dangerous weapon
449		-	425under circumstances which the person knows would be a violation of the law.
450		-	426 (b) A person may not provide to a dealer or other person [any] information that the
451		-	427person knows to be materially false information with intent to deceive the dealer or other
452		-	428person about the legality of a sale, transfer or other disposition of a firearm or dangerous
453		-	429weapon.
454		-	430 (c) "Materially false information" means information that portrays an illegal transaction
455		-	431as legal or a legal transaction as illegal.
456		-	432 (d) A person who violates this Subsection [(9)] (11) is guilty of:
457		-	433 (i) a third degree felony if the transaction involved a firearm; or Enrolled Copy H.B. 225
	483	+	460 (b) A dealer may not sell or transfer a firearm to an individual until the dealer has
	484	+	461provided the bureau with the information in Subsection (4) and has received approval from the
	485	+	462bureau under Subsection (7).
	486	+	463 (6) The dealer shall make a request for criminal history background information by
	487	+	464telephone or other electronic means to the bureau and shall receive approval or denial of the
	488	+	465inquiry by telephone or other electronic means.
	489	+	466 (7) When the dealer calls for or requests a criminal history background check, the
	490	+	467bureau shall:
	491	+	468 (a) review the criminal history files, including juvenile court records, and the
	492	+	469temporary restricted file created under Section 53-5c-301, to determine if the individual is
	493	+	470prohibited from purchasing, possessing, or transferring a firearm by state or federal law;
	494	+	471 (b) inform the dealer that:
	495	+	472 (i) the records indicate the individual is prohibited; or
	496	+	473 (ii) the individual is approved for purchasing, possessing, or transferring a firearm;
	497	+	474 (c) provide the dealer with a unique transaction number for that inquiry; and
	498	+	475 (d) provide a response to the requesting dealer during the call for a criminal
	499	+	476background check, or by return call, or other electronic means, without delay, except in case of
	500	+	477electronic failure or other circumstances beyond the control of the bureau, the bureau shall
	501	+	478advise the dealer of the reason for the delay and give the dealer an estimate of the length of the
	502	+	479delay.
	503	+	480 (8) (a) The bureau may not maintain any records of the criminal history background
	504	+	481check longer than 20 days from the date of the dealer's request, if the bureau determines that
	505	+	482the individual receiving the firearm is not prohibited from purchasing, possessing, or
	506	+	483transferring the firearm under state or federal law.
	507	+	484 (b) However, the bureau shall maintain a log of requests containing the dealer's federal
	508	+	485firearms number, the transaction number, and the transaction date for a period of 12 months.
	509	+	486 (9) (a) If the criminal history background check discloses information indicating that
	510	+	487the individual attempting to purchase the firearm is prohibited from purchasing, possessing, or
	511	+	488transferring a firearm, the bureau shall:
	512	+	489 (i) within 24 hours after determining that the purchaser is prohibited from purchasing,
	513	+	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
458	514		- 17 -
459		-	434 (ii) a class A misdemeanor if the transaction involved a dangerous weapon other than a
460		-	435firearm.
461		-	436 Section 6. Section 76-10-526 is amended to read:
462		-	437 76-10-526. Criminal background check prior to purchase of a firearm -- Fee --
463		-	438Exemption for concealed firearm permit holders and law enforcement officers.
464		-	439 (1) For purposes of this section, "valid permit to carry a concealed firearm" does not
465		-	440include a temporary permit issued under Section 53-5-705.
466		-	441 (2) (a) To establish personal identification and residence in this state for purposes of
467		-	442this part, a dealer shall require an individual receiving a firearm to present one photo
468		-	443identification on a form issued by a governmental agency of the state.
469		-	444 (b) A dealer may not accept a driving privilege card issued under Section 53-3-207 as
470		-	445proof of identification for the purpose of establishing personal identification and residence in
471		-	446this state as required under this Subsection (2).
472		-	447 (3) (a) A criminal history background check is required for the sale of a firearm by a
473		-	448licensed firearm dealer in the state.
474		-	449 (b) Subsection (3)(a) does not apply to the sale of a firearm to a Federal Firearms
475		-	450Licensee.
476		-	451 (4) (a) An individual purchasing a firearm from a dealer shall consent in writing to a
477		-	452criminal background check, on a form provided by the bureau.
478		-	453 (b) The form shall contain the following information:
479		-	454 (i) the dealer identification number;
480		-	455 (ii) the name and address of the individual receiving the firearm;
481		-	456 (iii) the date of birth, height, weight, eye color, and hair color of the individual
482		-	457receiving the firearm; and
483		-	458 (iv) the social security number or any other identification number of the individual
484		-	459receiving the firearm.
485		-	460 (5) (a) The dealer shall send the information required by Subsection (4) to the bureau H.B. 225
486		-	Enrolled Copy
	515	+	491where the dealer is located; and
	516	+	492 (ii) inform the law enforcement agency in the jurisdiction where the individual resides.
	517	+	493 (b) Subsection (9)(a) does not apply to an individual prohibited from purchasing a
	518	+	494firearm solely due to placement on the temporary restricted list under Section 53-5c-301.
	519	+	495 (c) A law enforcement agency that receives information from the bureau under
	520	+	496Subsection (9)(a) shall provide a report before August 1 of each year to the bureau that
	521	+	497includes:
	522	+	498 (i) based on the information the bureau provides to the law enforcement agency under
	523	+	499Subsection (9)(a), the number of cases that involve an individual who is prohibited from
	524	+	500purchasing, possessing, or transferring a firearm as a result of a conviction for an offense
	525	+	501involving domestic violence; and
	526	+	502 (ii) of the cases described in Subsection (9)(c)(i):
	527	+	503 (A) the number of cases the law enforcement agency investigates; and
	528	+	504 (B) the number of cases the law enforcement agency investigates that result in a
	529	+	505criminal charge.
	530	+	506 (d) The bureau shall:
	531	+	507 (i) compile the information from the reports described in Subsection (9)(c);
	532	+	508 (ii) omit or redact any identifying information in the compilation; and
	533	+	509 (iii) submit the compilation to the Law Enforcement and Criminal Justice Interim
	534	+	510Committee before November 1 of each year.
	535	+	511 (10) If an individual is denied the right to purchase a firearm under this section, the
	536	+	512individual may review the individual's criminal history information and may challenge or
	537	+	513amend the information as provided in Section 53-10-108.
	538	+	514 (11) The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah
	539	+	515Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all
	540	+	516records provided by the bureau under this part are in conformance with the requirements of the
	541	+	517Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
	542	+	518 (12) (a) A dealer shall collect a criminal history background check fee for the sale of a
	543	+	519firearm under this section.
	544	+	520 (b) The fee described under Subsection (12)(a) remains in effect until changed by the
	545	+	521bureau through the process described in Section 63J-1-504. 1st Sub. (Buff) H.B. 225 01-25-23 1:57 PM
487	546		- 18 -
488		-	461immediately upon its receipt by the dealer.
489		-	462 (b) A dealer may not sell or transfer a firearm to an individual until the dealer has
490		-	463provided the bureau with the information in Subsection (4) and has received approval from the
491		-	464bureau under Subsection (7).
492		-	465 (6) The dealer shall make a request for criminal history background information by
493		-	466telephone or other electronic means to the bureau and shall receive approval or denial of the
494		-	467inquiry by telephone or other electronic means.
495		-	468 (7) When the dealer calls for or requests a criminal history background check, the
496		-	469bureau shall:
497		-	470 (a) review the criminal history files, including juvenile court records, and the
498		-	471temporary restricted file created under Section 53-5c-301, to determine if the individual is
499		-	472prohibited from purchasing, possessing, or transferring a firearm by state or federal law;
500		-	473 (b) inform the dealer that:
501		-	474 (i) the records indicate the individual is prohibited; or
502		-	475 (ii) the individual is approved for purchasing, possessing, or transferring a firearm;
503		-	476 (c) provide the dealer with a unique transaction number for that inquiry; and
504		-	477 (d) provide a response to the requesting dealer during the call for a criminal
505		-	478background check, or by return call, or other electronic means, without delay, except in case of
506		-	479electronic failure or other circumstances beyond the control of the bureau, the bureau shall
507		-	480advise the dealer of the reason for the delay and give the dealer an estimate of the length of the
508		-	481delay.
509		-	482 (8) (a) The bureau may not maintain any records of the criminal history background
510		-	483check longer than 20 days from the date of the dealer's request, if the bureau determines that
511		-	484the individual receiving the firearm is not prohibited from purchasing, possessing, or
512		-	485transferring the firearm under state or federal law.
513		-	486 (b) However, the bureau shall maintain a log of requests containing the dealer's federal
514		-	487firearms number, the transaction number, and the transaction date for a period of 12 months. Enrolled Copy H.B. 225
	547	+	522 (c) (i) The dealer shall forward at one time all fees collected for criminal history
	548	+	523background checks performed during the month to the bureau by the last day of the month
	549	+	524following the sale of a firearm.
	550	+	525 (ii) The bureau shall deposit the fees in the General Fund as dedicated credits to cover
	551	+	526the cost of administering and conducting the criminal history background check program.
	552	+	527 (13) An individual with a concealed firearm permit issued under Title 53, Chapter 5,
	553	+	528Part 7, Concealed Firearm Act, is exempt from the background check and corresponding fee
	554	+	529required in this section for the purchase of a firearm if:
	555	+	530 (a) the individual presents the individual's concealed firearm permit to the dealer prior
	556	+	531to purchase of the firearm; and
	557	+	532 (b) the dealer verifies with the bureau that the individual's concealed firearm permit is
	558	+	533valid.
	559	+	534 (14) (a) A law enforcement officer, as defined in Section 53-13-103, is exempt from
	560	+	535the background check fee required in this section for the purchase of a personal firearm to be
	561	+	536carried while off-duty if the law enforcement officer verifies current employment by providing
	562	+	537a letter of good standing from the officer's commanding officer and current law enforcement
	563	+	538photo identification.
	564	+	539 (b) Subsection (14)(a) may only be used by a law enforcement officer to purchase a
	565	+	540personal firearm once in a 24-month period.
	566	+	541 (15) A dealer engaged in the business of selling, leasing, or otherwise transferring
	567	+	542[any] a firearm shall:
	568	+	543 (a) make the firearm safety brochure described in Subsection 62A-15-103(3) available
	569	+	544to a customer free of charge; and
	570	+	545 (b) at the time of purchase, distribute a cable-style gun lock provided to the dealer
	571	+	546under Subsection 62A-15-103(3) to a customer purchasing a shotgun, short barreled shotgun,
	572	+	547short barreled rifle, rifle, or another firearm that federal law does not require be accompanied
	573	+	548by a gun lock at the time of purchase.
	574	+	549 Section 7. Coordinating H.B. 225 with H.B. 120 -- Technical and substantive
	575	+	550amendment.
	576	+	551 If this H.B. 225 and H.B. 120, Weapon Possession Amendments, both pass and become
	577	+	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
515	578		- 19 -
516		-	488 (9) (a) If the criminal history background check discloses information indicating that
517		-	489the individual attempting to purchase the firearm is prohibited from purchasing, possessing, or
518		-	490transferring a firearm, the bureau shall:
519		-	491 (i) within 24 hours after determining that the purchaser is prohibited from purchasing,
520		-	492possessing, or transferring a firearm, notify the law enforcement agency in the jurisdiction
521		-	493where the dealer is located; and
522		-	494 (ii) inform the law enforcement agency in the jurisdiction where the individual resides.
523		-	495 (b) Subsection (9)(a) does not apply to an individual prohibited from purchasing a
524		-	496firearm solely due to placement on the temporary restricted list under Section 53-5c-301.
525		-	497 (c) A law enforcement agency that receives information from the bureau under
526		-	498Subsection (9)(a) shall provide a report before August 1 of each year to the bureau that
527		-	499includes:
528		-	500 (i) based on the information the bureau provides to the law enforcement agency under
529		-	501Subsection (9)(a), the number of cases that involve an individual who is prohibited from
530		-	502purchasing, possessing, or transferring a firearm as a result of a conviction for an offense
531		-	503involving domestic violence; and
532		-	504 (ii) of the cases described in Subsection (9)(c)(i):
533		-	505 (A) the number of cases the law enforcement agency investigates; and
534		-	506 (B) the number of cases the law enforcement agency investigates that result in a
535		-	507criminal charge.
536		-	508 (d) The bureau shall:
537		-	509 (i) compile the information from the reports described in Subsection (9)(c);
538		-	510 (ii) omit or redact any identifying information in the compilation; and
539		-	511 (iii) submit the compilation to the Law Enforcement and Criminal Justice Interim
540		-	512Committee before November 1 of each year.
541		-	513 (10) If an individual is denied the right to purchase a firearm under this section, the
542		-	514individual may review the individual's criminal history information and may challenge or H.B. 225
543		-	Enrolled Copy
544		-	- 20 -
545		-	515amend the information as provided in Section 53-10-108.
546		-	516 (11) The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah
547		-	517Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all
548		-	518records provided by the bureau under this part are in conformance with the requirements of the
549		-	519Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
550		-	520 (12) (a) A dealer shall collect a criminal history background check fee for the sale of a
551		-	521firearm under this section.
552		-	522 (b) The fee described under Subsection (12)(a) remains in effect until changed by the
553		-	523bureau through the process described in Section 63J-1-504.
554		-	524 (c) (i) The dealer shall forward at one time all fees collected for criminal history
555		-	525background checks performed during the month to the bureau by the last day of the month
556		-	526following the sale of a firearm.
557		-	527 (ii) The bureau shall deposit the fees in the General Fund as dedicated credits to cover
558		-	528the cost of administering and conducting the criminal history background check program.
559		-	529 (13) An individual with a concealed firearm permit issued under Title 53, Chapter 5,
560		-	530Part 7, Concealed Firearm Act, is exempt from the background check and corresponding fee
561		-	531required in this section for the purchase of a firearm if:
562		-	532 (a) the individual presents the individual's concealed firearm permit to the dealer prior
563		-	533to purchase of the firearm; and
564		-	534 (b) the dealer verifies with the bureau that the individual's concealed firearm permit is
565		-	535valid.
566		-	536 (14) (a) A law enforcement officer, as defined in Section 53-13-103, is exempt from
567		-	537the background check fee required in this section for the purchase of a personal firearm to be
568		-	538carried while off-duty if the law enforcement officer verifies current employment by providing
569		-	539a letter of good standing from the officer's commanding officer and current law enforcement
570		-	540photo identification.
571		-	541 (b) Subsection (14)(a) may only be used by a law enforcement officer to purchase a Enrolled Copy H.B. 225
572		-	- 21 -
573		-	542personal firearm once in a 24-month period.
574		-	543 (15) A dealer engaged in the business of selling, leasing, or otherwise transferring
575		-	544[any] a firearm shall:
576		-	545 (a) make the firearm safety brochure described in Subsection 62A-15-103(3) available
577		-	546to a customer free of charge; and
578		-	547 (b) at the time of purchase, distribute a cable-style gun lock provided to the dealer
579		-	548under Subsection 62A-15-103(3) to a customer purchasing a shotgun, short barreled shotgun,
580		-	549short barreled rifle, rifle, or another firearm that federal law does not require be accompanied
581		-	550by a gun lock at the time of purchase.
582		-	551 Section 7. Coordinating H.B. 225 with H.B. 120 -- Technical and substantive
583		-	552amendment.
584		-	553 If this H.B. 225 and H.B. 120, Weapon Possession Amendments, both pass and become
585		-	554law, it is the intent of the Legislature that the Office of Legislative Research and General
586		-	555Counsel prepare the Utah Code database for publication by amending Subsection
587		-	55676-10-503(1)(d)(ii) in this H.B. 225 to read:
588		-	557 "(ii) the person only has a single conviction for misdemeanor assault as described in
589		-	558Subsection (1)(b)(xi)(D); and".
	579	+	553Counsel prepare the Utah Code database for publication by amending Subsection
	580	+	55476-10-503(1)(d)(ii) in this H.B. 225 to read:
	581	+	555 "(ii) the person only has a single conviction for misdemeanor assault as described in
	582	+	556Subsection (1)(b)(xi)(D); and".