News & Updates

H.B. 418 Universal Background Checks for Firearm Purchasers

Sections Affected:
U.C.A. 76-10-501. Definitions.

Sections Enacted:
U.C.A. 76-10-526.1. Transfer of firearm between unlicensed persons.

Under this Bill it would;
• Defines terms;
• Requires background checks for the transfer of a firearm between persons who are not federal firearms licensees;
• Create exceptions for family members, law enforcement agencies and officers, and others;
• Allow for temporary transfers under specific circumstances; and
• Sets penalties

76-10-501. Definitions would define:
• “Family member” means a spouse, child or stepchild, parent or stepparent, sibling or stepsibling, grandparent, or grandchild.
• “Transfer” means to sell, furnish, give, lend, deliver, or otherwise provide, with or without consideration.
• “Transferee” means an unlicensed person who receives a firearm from another unlicensed person.
• “Transferor” means an unlicensed person who transfers a firearm to another unlicensed person.
• “Unlicensed person” means a person who is not a federal firearms licensee.

76-10-526.1 Transfer of firearm between unlicensed persons would be enacted to read:
(1) Except as provided in Section 76-10-526, a firearm may not be transferred between unlicensed persons unless a background check is completed on the transferee in compliance with this section.
(2) A transferor and a transferee shall request a federal firearms licensee conduct a background check prior to the transfer of a firearm.
(3) A federal firearms licensee may agree to conduct a criminal history background check to facilitate the transfer of a firearm between two unlicensed persons under the following conditions:
(a) the parties to the transfer shall appear together with the firearm at the federal firearms licensee’s place of business;
(b) the parties shall each complete, sign, and submit all federal and state forms necessary to process the background check and otherwise complete the transfer pursuant to this section;
(c) the federal firearms licensee shall indicate on the forms that the transfer is between unlicensed persons;
(d) the federal firearms licensee may charge a reasonable fee, which may include the fee in Subsection 76-10-526(12), to facilitate the background check and transfer, and note the fee on the forms; and
(e) the federal firearms licensee shall process the transfer as though transferring the firearm from the licensee’s own inventory to the transferee, complying with all federal and state requirements, including record-keeping.
(4) A transferor may not transfer a firearm to a transferee if the results of the background check indicate that the transferee is prohibited from possessing or receiving a firearm under state or federal law. This section does not prevent the transferor from removing the firearm from the premises of the federal firearms licensee if the results of the background check indicate that the transferee is prohibited from possessing or receiving firearms or if the sale results in a delay as described in Subsection 76-10-526(7)(d).
(5) This section does not apply to the transfer of a firearm:
(a) between family members;
(b) by or to a federal firearms licensee;
(c) by or to a law enforcement agency or any law enforcement officer, member of the armed forces, or security guard, if the officer, member, or guard is acting within the course and scope of their employment;
(d) to an executor, administrator, trustee, or personal representative of an estate or trust that occurs by operation of law upon the death of the owner of the firearm;
(e) temporarily, to a person who is not prohibited from possessing or receiving firearms under state or federal law if the transfer:
(i) is necessary to prevent imminent death or serious bodily harm; and
(ii) lasts only as long as necessary to prevent imminent death or serious bodily harm; and
(f) temporarily, to a person who is not prohibited from possessing or receiving firearms under state or federal law if the transfer and the transferee’s possession of the firearm take place exclusively in the presence of the transferor:
(i) at an established shooting range authorized by the governing body of the jurisdiction in which the range is located or, if no authorization is required, operated in conformance with local law in the jurisdiction;
(ii) while hunting or trapping if the hunting or trapping is legal in all places where the transferee possesses the firearm and the transferee holds all licenses and permits required for hunting or trapping; or
(iii) at a lawfully organized competition involving the use of a firearm or for participation in or practice for a performance by an organized group that uses firearms as part of the performance.
(6) An unlicensed person who transfers one or more firearms in violation of this section is guilty of:
(a) a class A misdemeanor for the first offense; and
(b) a third degree felony for a second or subsequent offense.

This Bill would require anyone who wanted to sell a firearm to another person (private sale) to both, seller and buyer, go to a Federal Firearm License (FFL) dealer, complete a 4473 Firearms Transaction Record, and conduct a background check. If the results of the background check indicate that the buyer is prohibited from possessing or receiving firearms or if the sale results in a delay it would allow the seller to keep the firearm. The FFL would be required to follow all federal and state requirements, including record-keeping, which does not mean a firearm registration system, but the 4473 are is required under Federal law to be retained by the FFL for 20 years.

It would not apply to selling a firearm to:
• Family members
• By or to a federal firearms licensee
• By or to a law enforcement agency or any law enforcement officer, member of the armed forces, or security guard, if the officer, member, or guard is acting within the course and scope of their employment;
• To an executor, administrator, trustee, or personal representative of an estate or trust that occurs by operation of law upon the death of the owner of the firearm;
• Temporarily, (letting someone borrow the firearm) to a person who is not prohibited from possessing or receiving firearms under state or federal law if the transfer is necessary to prevent imminent death or serious bodily harm and lasts only as long as necessary to prevent imminent death or serious bodily harm
• Temporarily, (letting someone borrow the firearm) to a person who is not prohibited from possessing or receiving firearms under state or federal law if the transfer and the transferee’s possession of the firearm take place exclusively in the presence of the transferor at an established shooting range authorized by the governing body of the jurisdiction in which the range is located or, if no authorization is required, operated in conformance with local law in the jurisdiction, while hunting or trapping if the hunting or trapping is legal in all places where the transferee possesses the firearm and the transferee holds all licenses and permits required for hunting or trapping, or at a lawfully organized competition involving the use of a firearm or for participation in or practice for a performance by an organized group that uses firearms as part of the performance.

If a person was caught selling a firearm without going to an FFL and having a background check conducted, the first offense would be a class A misdemeanor and a third degree felony for a second or subsequent offense.

Because this Bill restricts your right to privately sell your firearms, we oppose this Bill.

 We Oppose This Bill