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