Enrolled Copy H.B. 425
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Department of Public Safety Fee Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
Senate Sponsor: Don L. Ipson
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LONG TITLE
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General Description:
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This bill addresses fees collected by the Bureau of Criminal Identification.
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Highlighted Provisions:
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This bill:
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▸ increases the fee for a concealed firearm permit for out-of-state applicants assessed before
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July 1, 2026;
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▸ amends fee provisions related to concealed firearm permits assessed after July 1, 2026,
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allowing the Bureau of Criminal Identification to set related fees in accordance with the
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procedures specified in Section 63J-1-504;
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▸ amends when funds from the Concealed Weapons Account are transferred to the Suicide
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Prevention and Education Fund;
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▸ increases the annual fee for offenders on the Sex, Kidnap, and Child Abuse Offender
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Registry assessed before July 1, 2026;
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▸ amends fee provisions related to the Sex, Kidnap, and Child Abuse Offender Registry
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assessed after July 1, 2026, allowing the Department of Public Safety to set related fees
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in accordance with the procedures specified in Section 63J-1-504; and
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▸ contains a coordination clause coordinating changes between this bill and S.B. 41, Sex,
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Kidnap, and Child Abuse Offender Registry Amendment.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a coordination clause.
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Utah Code Sections Affected:
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AMENDS: H.B. 425 Enrolled Copy
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53-5-704, as last amended by Laws of Utah 2024, Chapter 195
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53-5-707, as last amended by Laws of Utah 2023, Chapters 328, 387
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53-5-707.5, as last amended by Laws of Utah 2018, Chapter 417
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77-41-111, as last amended by Laws of Utah 2023, Chapter 128
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Utah Code Sections affected by Coordination Clause:
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53-5-704 is amended to read:
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53-5-704 . Bureau duties -- Permit to carry concealed firearm -- Certification for
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concealed firearms instructor -- Requirements for issuance -- Violation -- Denial,
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suspension, or revocation -- Appeal procedure.
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(1)(a) Except as provided in Subsection (1)(b), the bureau shall issue a permit to carry a
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concealed firearm for lawful self defense to an applicant who is 21 years old or older
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within 60 days after receiving an application, unless the bureau finds proof that the
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applicant is not qualified to hold a permit under Subsection (2) or (3).
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(b)(i) Within 90 days before the day on which a provisional permit holder under
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Section 53-5-704.5 reaches 21 years old, the provisional permit holder may apply
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under this section for a permit to carry a concealed firearm for lawful self defense.
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(ii) The bureau shall issue a permit for an applicant under Subsection (1)(b)(i) within
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60 days after receiving an application, unless the bureau finds proof that the
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applicant is not qualified to hold a permit under Subsection (2) or (3).
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(iii) A permit issued under this Subsection (1)(b):
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(A) is not valid until an applicant is 21 years old; and
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(B) requires, before July 1, 2026, a $10 application fee and, on or after July 1,
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2026, an application fee set by the bureau.
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(iv) A person who applies for a permit under this Subsection (1)(b) is not required to
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retake the firearms training described in Subsection 53-5-704(8).
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(c) The permit is valid throughout the state for five years, without restriction, except as
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otherwise provided by Section 53-5-710.
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(d) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not
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apply to an individual issued a permit under Subsection (1)(a) or (b).
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(e) Subsection (4)(a) does not apply to a nonresident:
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(i) active duty service member, who presents to the bureau orders requiring the active
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duty service member to report for duty in this state; or
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(ii) active duty service member's spouse, stationed with the active duty service
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member, who presents to the bureau the active duty service member's orders
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requiring the service member to report for duty in this state.
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(2)(a) The bureau may deny, suspend, or revoke a concealed firearm permit if the
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applicant or permit holder:
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(i) has been or is convicted of a felony;
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(ii) has been or is convicted of a crime of violence;
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(iii) has been or is convicted of an offense involving the use of alcohol;
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(iv) has been or is convicted of an offense involving the unlawful use of narcotics or
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other controlled substances;
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(v) has been or is convicted of an offense involving moral turpitude;
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(vi) has been or is convicted of an offense involving domestic violence;
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(vii) has been or is adjudicated by a state or federal court as mentally incompetent,
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unless the adjudication has been withdrawn or reversed; and
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(viii) is not qualified to purchase and possess a firearm pursuant to Section 76-10-503
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and federal law.
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(b) In determining whether an applicant or permit holder is qualified to hold a permit
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under Subsection (2)(a), the bureau shall consider mitigating circumstances.
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(3)(a) The bureau may deny, suspend, or revoke a concealed firearm permit if it has
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reasonable cause to believe that the applicant or permit holder has been or is a danger
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to self or others as demonstrated by evidence, including:
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(i) past pattern of behavior involving unlawful violence or threats of unlawful
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violence;
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(ii) past participation in incidents involving unlawful violence or threats of unlawful
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violence; or
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(iii) conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons.
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(b) The bureau may not deny, suspend, or revoke a concealed firearm permit solely for a
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single conviction of an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
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(c) In determining whether the applicant or permit holder has been or is a danger to self
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or others, the bureau may inspect:
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(i) expunged records of arrests and convictions of adults as provided in Section
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77-40a-403; and
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(ii) juvenile court records as provided in Section 78A-6-209.
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(d)(i) The bureau shall suspend a concealed firearm permit if a permit holder
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becomes a temporarily restricted person in accordance with Section 53-5c-301.
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(ii) Upon removal from the temporary restricted list, the permit holder's permit shall
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be reinstated unless:
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(A) the permit has been revoked, been suspended for a reason other than the
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restriction described in Subsection (3)(d)(i), or expired; or
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(B) the permit holder has become a restricted person under Section 76-10-503.
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(4)(a) In addition to meeting the other qualifications for the issuance of a concealed
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firearm permit under this section, a nonresident applicant who resides in a state that
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recognizes the validity of the Utah permit or has reciprocity with Utah's concealed
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firearm permit law shall:
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(i) hold a current concealed firearm or concealed weapon permit issued by the
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appropriate permitting authority of the nonresident applicant's state of residency;
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and
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(ii) submit a photocopy or electronic copy of the nonresident applicant's current
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concealed firearm or concealed weapon permit referred to in Subsection (4)(a)(i).
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(b) A nonresident applicant who knowingly and willfully provides false information to
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the bureau under Subsection (4)(a) is prohibited from holding a Utah concealed
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firearm permit for a period of 10 years.
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(c) Subsection (4)(a) applies to all applications for the issuance of a concealed firearm
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permit that are received by the bureau after May 10, 2011.
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(d) Beginning January 1, 2012, Subsection (4)(a) also applies to an application for
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renewal of a concealed firearm permit by a nonresident.
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(5) The bureau shall issue a concealed firearm permit to a former peace officer who departs
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full-time employment as a peace officer, in an honorable manner, within five years of
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that departure if the officer meets the requirements of this section.
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(6) Except as provided in Subsection (7), the bureau shall also require the applicant to
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provide:
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(a) the address of the applicant's permanent residence;
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(b) one recent dated photograph;
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(c) one set of fingerprints; and
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(d) evidence of general familiarity with the types of firearms to be concealed as defined
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in Subsection (8).
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(7) An applicant who is a law enforcement officer under Section 53-13-103 may provide a
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letter of good standing from the officer's commanding officer in place of the evidence
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required by Subsection (6)(d).
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(8)(a) General familiarity with the types of firearms to be concealed includes training in:
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(i) the safe loading, unloading, storage, and carrying of the types of firearms to be
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concealed; and
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(ii) current laws defining lawful use of a firearm by a private citizen, including lawful
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self-defense, use of force by a private citizen, including use of deadly force,
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transportation, and concealment.
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(b) An applicant may satisfy the general familiarity requirement of Subsection (8)(a) by
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one of the following:
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(i) completion of a course of instruction conducted by a national, state, or local
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firearms training organization approved by the bureau;
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(ii) certification of general familiarity by an individual who has been certified by the
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bureau, which may include a law enforcement officer, military or civilian firearms
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instructor, or hunter safety instructor; or
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(iii) equivalent experience with a firearm through participation in an organized
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shooting competition, law enforcement, or military service.
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(c) Instruction taken by a student under this Subsection (8) shall be in person and not
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through electronic means.
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(d) A person applying for a renewal permit is not required to retake the firearms training
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described in this Subsection 53-5-704(8) if the person:
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(i) has an unexpired permit; or
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(ii) has a permit that expired less than one year before the date on which the renewal
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application was submitted.
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(9)(a) An applicant for certification as a Utah concealed firearms instructor shall:
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(i) be at least 21 years old;
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(ii) be currently eligible to possess a firearm under Section 76-10-503;
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(iii) have:
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(A) completed a firearm instruction training course from the National Rifle
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Association or another nationally recognized firearm training organization that
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customarily offers firearm safety and firearm law instructor training or the
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Department of Public Safety, Division of Peace Officer Safety Standards and
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Training; or
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(B) received training equivalent to one of the courses referred to in Subsection
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(9)(a)(iii)(A) as determined by the bureau;
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(iv) have taken a course of instruction and passed a certification test as described in
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Subsection (9)(c); and
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(v) possess a Utah concealed firearm permit.
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(b) An instructor's certification is valid for three years from the date of issuance, unless
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revoked by the bureau.
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(c)(i) In order to obtain initial certification or renew a certification, an instructor shall
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attend an instructional course and pass a test under the direction of the bureau.
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(ii)(A) The bureau shall provide or contract to provide the course referred to in
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Subsection (9)(c)(i) twice every year.
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(B) The course shall include instruction on current Utah law related to firearms,
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including concealed carry statutes and rules, and the use of deadly force by
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private citizens.
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(d)(i) Each applicant for certification under this Subsection (9) shall:
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(A) before July 1, 2026, pay a fee of $50.00 at the time of application for initial
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certification; and
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(B) on or after July 1, 2026, pay a fee determined by the bureau.
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(ii) The renewal fee for the certificate is:
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(A) before July 1, 2026, $25; and
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(B) on or after July 1, 2026, a fee determined by the bureau.
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(iii) The bureau may use a fee paid under Subsections (9)(d)(i) and (ii) as a dedicated
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credit to cover the cost incurred in maintaining and improving the instruction
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program required for concealed firearm instructors under this Subsection (9).
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(10) A certified concealed firearms instructor shall provide each of the instructor's students
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with the required course of instruction outline approved by the bureau.
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(11)(a)(i) A concealed firearms instructor shall provide a signed certificate to an
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individual successfully completing the offered course of instruction.
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(ii) The instructor shall sign the certificate with the exact name indicated on the
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instructor's certification issued by the bureau under Subsection (9).
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(iii)(A) The certificate shall also have affixed to it the instructor's official seal,
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which is the exclusive property of the instructor and may not be used by any
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other individual.
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(B) The instructor shall destroy the seal upon revocation or expiration of the
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instructor's certification under Subsection (9).
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(C) The bureau shall determine the design and content of the seal to include at
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least the following:
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(I) the instructor's name as it appears on the instructor's certification;
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(II) the words "Utah Certified Concealed Firearms Instructor," "state of Utah,"
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and "my certification expires on (the instructor's certification expiration
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date)"; and
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(III) the instructor's business or residence address.
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(D) The seal shall be affixed to each student certificate issued by the instructor in
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a manner that does not obscure or render illegible any information or
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signatures contained in the document.
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(b) The applicant shall provide the certificate to the bureau in compliance with
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Subsection (6)(d).
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(12) The bureau may deny, suspend, or revoke the certification of an applicant or a
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concealed firearms instructor if it has reason to believe the applicant or the instructor has:
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(a) become ineligible to possess a firearm under Section 76-10-503 or federal law; or
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(b) knowingly and willfully provided false information to the bureau.
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(13) An applicant for certification or a concealed firearms instructor has the same appeal
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rights as described in Subsection (16).
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(14) In providing instruction and issuing a permit under this part, the concealed firearms
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instructor and the bureau are not vicariously liable for damages caused by the permit
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holder.
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(15) An individual who knowingly and willfully provides false information on an
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application filed under this part is guilty of a class B misdemeanor, and the application
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may be denied, or the permit may be suspended or revoked.
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(16)(a) In the event of a denial, suspension, or revocation of a permit, the applicant or
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permit holder may file a petition for review with the board within 60 days from the
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date the denial, suspension, or revocation is received by the applicant or permit
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holder by certified mail, return receipt requested.
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(b) The bureau's denial of a permit shall be in writing and shall include the general
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reasons for the action.
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(c) If an applicant or permit holder appeals the denial to the review board, the applicant
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or permit holder may have access to the evidence upon which the denial is based in
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accordance with Title 63G, Chapter 2, Government Records Access and Management
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Act.
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(d) On appeal to the board, the bureau has the burden of proof by a preponderance of the
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evidence.
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(e)(i) Upon a ruling by the board on the appeal of a denial, the board shall issue a
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final order within 30 days stating the board's decision.
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(ii) The final order shall be in the form prescribed by Subsection 63G-4-203(1)(i).
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(iii) The final order is final bureau action for purposes of judicial review under
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Section 63G-4-402.
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(17)(a) The bureau shall, beginning July 1, 2026, establish fees authorized in this part in
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accordance with the procedures specified in Section 63J-1-504.
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(b) When submitting the information required to the Legislature under Subsection
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63J-1-504(6)(a), the bureau shall also provide, for the previous five years categorized
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by year:
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(i) the number of permit holders;
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(ii) the amount of revenue deposited into the Concealed Weapons Account created in
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Section 53-5-707 that is collected from fees for:
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(A) nonresidents; and
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(B) residents; and
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(iii) the amount of expenditures from the Concealed Weapons Account created in
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Section 53-5-707.
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[(17)] (18) The commissioner may make rules in accordance with Title 63G, Chapter 3,
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Utah Administrative Rulemaking Act, necessary to administer this chapter.
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Section 2. Section 53-5-707 is amended to read:
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53-5-707 . Concealed firearm permit -- Fees -- Concealed Weapons Account.
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(1)(a) An applicant for a concealed firearm permit shall pay:
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(i) [ ] before July 1, 2026, a fee of $25 at the time of filing an application; and
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(ii) on or after July 1, 2026, a fee set by the bureau at the time of filing an application.
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(b) A nonresident applicant shall pay:
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(i) before July 1, 2026, an additional [$10 for the additional cost of processing a
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nonresident application] $35 fee; and
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(ii) on or after July 1, 2026, an additional fee set by the bureau.
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(c) The bureau shall waive the initial fee for an applicant who is:
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(i) a law enforcement officer under Section 53-13-103;
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(ii) an active duty service member;
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(iii) the spouse of an active duty service member; or
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(iv) a school employee.
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(2)(a) [The] A holder of a concealed firearm permit shall pay:
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(i) before July 1, 2026, $20 for a renewal fee for the permit[ is $20.] ; and
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(ii) on or after July 1, 2026, a renewal fee set by the bureau.
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(b) [ ] A nonresident holder of a concealed firearm permit shall pay:
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(i) before July 1, 2026, an additional [$5 for the additional cost of processing a
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nonresidential renewal] $30 fee; and
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(ii) on or after July 1, 2026, an additional fee set by the bureau.
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(3) [The] If a holder of a concealed firearm permit needs a replacement concealed firearm
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permit, the holder shall pay:
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(a) before July 1, 2026, a $10 replacement fee for the permit[ is $10] ; and
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(b) on or after July 1, 2026, a replacement fee set by the bureau.
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(4)(a) The late fee for the renewal permit is:
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(i) before July 1, 2026, $7.50; and
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(ii) on or after July 1, 2026, a late fee set by the bureau.
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(b) As used in this section, "late fee" means the fee charged by the bureau for a renewal
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submitted on a permit that has been expired for more than 30 days but less than one
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year.
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(5)(a) There is created a restricted account within the General Fund known as the
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"Concealed Weapons Account."
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(b) The account shall be funded from fees collected under this section and Section
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53-5-707.5.
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(c) Funds in the account may only be used to cover costs relating to:
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(i) the issuance of concealed firearm permits under this part; or
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(ii) the programs described in Subsection 26B-5-102(3) and Section 26B-5-611.
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(d) No later than 90 days after the end of the fiscal year 50% [of the fund balance ] of the
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excess of revenues over expenditures for the fiscal year shall be transferred to the
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Suicide Prevention and Education Fund, created in Section 26B-1-326.
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(6)(a) The bureau may collect any fees charged by an outside agency for additional
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services required by statute as a prerequisite for issuance of a permit.
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(b) The bureau shall promptly forward any fees collected under Subsection (6)(a) to the
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appropriate agency.
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(7) The bureau shall make an annual report in writing to the Legislature's Law Enforcement
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and Criminal Justice Interim Committee on the amount and use of the fees collected
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under this section and Section 53-5-707.5.
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Section 3. Section 53-5-707.5 is amended to read:
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53-5-707.5 . Provisional concealed firearm permit -- Fees -- Disposition of fees.
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(1)(a) An applicant for a provisional concealed firearm permit, as described in Section
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53-5-704.5, shall pay:
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(i) [ ] before July 1, 2026, a fee of $25 at the time of filing an application; and
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(ii) on or after July 1, 2026, a fee set by the bureau at the time of filing an application.
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(b) A nonresident applicant shall pay:
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(i) before July 1, 2026, an additional $10 [for the additional cost of processing a
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nonresident application] fee; and
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(ii) on or after July 1, 2026, an additional fee set by the bureau.
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(2) The replacement fee for the permit is:
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(a) before July 1, 2026, $10; and
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(b) on or after July 1, 2026, a replacement fee set by the bureau.
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(3) Fees collected under this section shall be remitted to the Concealed Weapons Account,
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as described in Subsection 53-5-707(5).
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(4)(a) The bureau may collect any fees charged by an outside agency for additional
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services required by statute as a prerequisite for issuance of a permit.
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(b) The bureau shall promptly forward any fees collected under Subsection (4)(a) to the
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appropriate agency.
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Section 4. Section 77-41-111 is amended to read:
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77-41-111 . Fees.
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(1) Each offender required to register under Section 77-41-105 shall, in the month of the
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offender's birth:
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(a) pay to the department each year the offender is subject to the registration
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requirements of this chapter:
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(i) before July 1, 2026, an annual fee of [$100] $125; and
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(ii) [ each year the offender is subject to the registration requirements of this chapter]
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on or after July 1, 2026, an annual fee set by the department in accordance with
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the process in Section 63J-1-504; and
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(b) pay to the registering agency, if it is an agency other than the department[,] :
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(i) before July 1, 2026, an annual fee of not more than $25, which may be assessed
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by that agency for providing registration; and
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(ii) on or after July 1, 2026, an annual fee set by the department in accordance with
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the process in Section 63J-1-504 which may be assessed by that agency for
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providing registration.
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(2) Notwithstanding Subsection (1), an offender who is confined in a secure facility or in a
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state mental hospital is not required to pay the annual fee.
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(3) The department shall deposit fees collected in accordance with this chapter in the
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General Fund as a dedicated credit, to be used by the department for maintaining the
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offender registry under this chapter and monitoring offender registration compliance,
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including the costs of:
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(a) data entry;
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(b) processing registration packets;
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(c) updating registry information; and
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(d) reporting an offender not in compliance with registration requirements to a law
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enforcement agency.
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Section 5. Effective Date.
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This bill takes effect on May 7, 2025.
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Section 6. Coordinating H.B. 425 with S.B. 41.
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If H.B. 425, Bureau of Criminal Identification Fee Amendments, and S.B. 41, Sex,
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Kidnap, and Child Abuse Offender Registry Amendments, both pass and become law, the
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Legislature intends that, on May 7, 2025, Subsection 53-29-304(8)(a)(i), enacted in S.B. 41, be
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amended to read:
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"(i) pay to the department each year the offender is subject to the registration requirements
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of this chapter:
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(A) before July 1, 2026, an annual fee of $125; and
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(B) on or after July 1, 2026, an annual fee determined by the department in accordance
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with the process in Section 63J-1-504; and".
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