2nd Sub. H.B. 226
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: S. Larson 6
6 01-31-23 2:07 PM 6
H.B. 226
2nd Sub. (Gray)
Representative A. Cory Maloy proposes the following substitute bill:
1 SALE OF A FIREARM AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: A. Cory Maloy
5 Senate Sponsor: Jacob L. Anderegg
6
7LONG TITLE
8General Description:
9 This bill addresses sale of a firearm.
10Highlighted Provisions:
11 This bill:
12 <directs the Bureau of Criminal Identification to create an online process that allows
13an individual involved in the sale of a firearm to determine if the other party to the
14sale has a valid concealed carry permit or the firearm has been reported as stolen.
15Money Appropriated in this Bill:
16 None
17Other Special Clauses:
18 This bill provides a special effective date.
19Utah Code Sections Affected:
20ENACTS:
21 76-10-526.1, Utah Code Annotated 1953
22
23Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 76-10-526.1 is enacted to read:
25 76-10-526.1. Information check before private sale of firearm.
*HB0226S02* 2nd Sub. (Gray) H.B. 226 01-31-23 2:07 PM
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26 (1) As used in this section:
27 (a) "Governmental entity" means the state and the state's political subdivisions.
28 (b) "Law enforcement agency" means the same as that term is defined in Section
2953-1-102.
30 (2) Subject to Subsections (3) and (4), the bureau shall create an online process that
31allows an individual who is selling or purchasing a firearm to voluntarily determine:
32 (a) if the other individual involved in the sale of the firearm has a valid concealed carry
33permit; or
34 (b) based on the serial number of the firearm, if the firearm is reported as stolen.
35 (3) Subsection (2) does not apply to a federal firearms licensee or dealer.
36 (4) The bureau may not provide information related to a request under Subsection (2)
37to a law enforcement agency.
38 (5) A governmental entity may not require an individual who is selling or purchasing a
39firearm to use the process under Subsection (2).
40 (6) If an individual uses the process under Subsection (2), the individual is not
41required, based on the information the individual receives from the bureau, to make a report to
42a law enforcement agency.
43 (7) After responding to a request under Subsection (2), the bureau shall immediately
44dispose of all information related to the request.
45 (8) This section does not create a civil cause of action arising from the sale or purchase
46of a firearm.
47 Section 2. Effective date.
48 This bill takes effect on July 1, 2023.