3rd Sub. H.B. 226
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: S. Larson 6
6 02-07-23 9:53 AM 6
H.B. 226
3rd Sub. (Cherry)
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;
15and
16 <includes a sunset date.
17Money Appropriated in this Bill:
18 None
19Other Special Clauses:
20 This bill provides a special effective date.
21Utah Code Sections Affected:
22AMENDS:
23 63I-1-276, as last amended by Laws of Utah 2019, Chapters 136, 440
24ENACTS:
25 76-10-526.1, Utah Code Annotated 1953
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26
27Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 63I-1-276 is amended to read:
29 63I-1-276. Repeal dates: Title 76.
30 Section 76-10-526.1, relating to an information check before the private sale of a
31firearm, is repealed July 1, 2025.
32 Section 2. Section 76-10-526.1 is enacted to read:
33 76-10-526.1. Information check before private sale of firearm.
34 (1) As used in this section:
35 (a) "Governmental entity" means the state and the state's political subdivisions.
36 (b) "Law enforcement agency" means the same as that term is defined in Section
3753-1-102.
38 (c) "Personally identifiable information" means the same as that term is defined in
39Section 63D-2-102.
40 (2) Subject to Subsections (3) and (4), the bureau shall create an online process that
41allows an individual who is selling or purchasing a firearm to voluntarily determine:
42 (a) if the other individual involved in the sale of the firearm has a valid concealed carry
43permit; or
44 (b) based on the serial number of the firearm, if the firearm is reported as stolen.
45 (3) Subsection (2) does not apply to a federal firearms licensee or dealer.
46 (4) The bureau may not:
47 (a) provide information related to a request under Subsection (2) to a law enforcement
48agency; or
49 (b) collect a user's personally identifiable information under Subsection (2).
50 (5) A governmental entity may not require an individual who is selling or purchasing a
51firearm to use the process under Subsection (2).
52 (6) If an individual uses the process under Subsection (2), the individual is not
53required, based on the information the individual receives from the bureau, to make a report to
54a law enforcement agency.
55 (7) After responding to a request under Subsection (2), the bureau shall immediately
56dispose of all information related to the request. 02-07-23 9:53 AM 3rd Sub. (Cherry) H.B. 226
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57 (8) (a) This section does not create a civil cause of action arising from the sale or
58purchase of a firearm under this section.
59 (b) An individual's failure to use the process under Subsection (2) is not evidence of
60the individual's negligence in a civil cause of action.
61 Section 3. Effective date.
62 This bill takes effect on July 1, 2023.