News & Updates

UPDATE:
Governor Herbert signed H.B.198 on March 23rd, 2017 and went into effect as law on May 9th, 2017.

​Current law text is in Black.
Enacted (new) and Amended (addition) text is in Green.
Deleted text is in Red.

Section 53-5-704.5 is enacted to read:
53-5-704.5. Provisional permit to carry concealed firearm.
(1) (a) The bureau shall issue a provisional permit to carry a concealed firearm for lawful self-defense to an applicant who is 18 years of age, but is no older than 20 years of age, within 60 days after receiving an application, unless the bureau finds proof that the applicant does not meet the qualifications set forth in Subsection 53-5-704(2).
(b) The provisional permit is valid throughout the state until the applicant reaches the age of 21, without restriction, except as otherwise provided by Section 53-5-710.
(2) The bureau may deny, suspend, or revoke a provisional permit issued under this section as set forth in Subsections 53-5-704(2) and (3).
(3) (a) In addition to meeting the other qualifications for the issuance of a provisional permit under this section, a nonresident applicant who resides in a state that recognizes the validity of the Utah provisional permit or has reciprocity with Utah’s provisional permit law shall:
(i) hold a current applicable concealed firearm or concealed weapon permit issued by the appropriate permitting authority of the nonresident applicant’s state of residency; and
(ii) submit a photocopy or electronic copy of the nonresident applicant’s current concealed firearm or concealed weapon permit referred to in Subsection (3)(a)(i).
(b) A nonresident applicant who knowingly and willfully provides false information to the bureau under Subsection (3)(a) is prohibited from holding a Utah concealed firearm permit of any kind for a period of 10 years.
(4) The bureau shall also require the applicant to provide:
(a) the address of the applicant’s permanent residence;
(b) one recent dated photograph;
(c) one set of fingerprints; and
(d) evidence of general familiarity with the types of firearms to be concealed as defined in Subsection 53-5-704(8).
(5) In the event of a decision to deny, suspend, or revoke a permit, the applicant or permit holder under this section may appeal the decision through the same process set forth in Subsection 53-5-704(16).
(6) The applicant or permit holder of the provisional permit under this section must meet the eligibility requirements of another state, including age requirements, to carry a concealed firearm in that state.

Our Commentary On The Proposed Enactment Of 53-5-704.5:
—– This added section would create a provisional permit to carry a concealed firearm to individuals at least 18 years of age, but no more than 20 years of age. To obtain the provisional permit an 18 year old would have to meet the same requirements, attend the same training and pay the same fees that an individual does to obtain the current Utah permit. This section would also allow a non-resident that is at least 18 years old to obtain the provisional permit but only if they have a permit issued by their state. This section also says that the provisional permit holder must meet the age requirements of another state to be able to carry a concealed firearm in that state. —–

Section 53-5-706 is amended to read:
53-5-706. Permit — Fingerprints transmitted to bureau — Report from bureau.
(1) (a) Except as provided in Subsection (2), the fingerprints of each applicant shall be taken on a form prescribed by the bureau.
(b) Upon receipt of the fingerprints and the fee prescribed in Section 53-5-707 or 53-5-707.5, the bureau shall conduct a search of its files for criminal history information pertaining to the applicant, and shall request the Federal Bureau of Investigation to conduct a similar search through its files.
(c) If the fingerprints are insufficient for the Federal Bureau of Investigation to conduct a search of its files for criminal history information, the application or concealed firearm permit may be denied, suspended, or revoked until sufficient fingerprints are submitted by the applicant.
(2) (a) If the permit applicant has previously applied to the bureau for a permit to carry concealed firearms, the bureau shall note the previous identification numbers and other data which would provide positive identification in the files of the bureau on the copy of any subsequent permit submitted to the bureau in accordance with this section.
(b) No additional application form, fingerprints, or fee are required under this Subsection (2).

Our Commentary On The Proposed Amendment To 53-5-706:
—– This section adds that fingerprints for the provisional permit will be used to conduct a criminal history check. —–

Section 3. Section 53-5-707 is amended to read:
53-5-707. Concealed firearm permit — Fees — Concealed Weapons Account.
(1) (a) An applicant for a concealed firearm permit shall pay a fee of $24.75 at the time of filing an application.
(b) A nonresident applicant shall pay an additional $10 for the additional cost of processing a nonresident application.
(c) The bureau shall waive the initial fee for an applicant who is a law enforcement officer under Section 53-13-103.
(d) Concealed firearm permit renewal fees for active duty service members and the spouse of an active duty service member shall be waived.
(2) The renewal fee for the permit is $15.
(3) The replacement fee for the permit is $10.
(4) (a) The late fee for the renewal permit is $7.50.
(b) As used in this section, “late fee” means the fee charged by the bureau for a renewal submitted on a permit that has been expired for more than 30 days but less than one year.
(5) (a) There is created a restricted account within the General Fund known as the “Concealed Weapons Account.”
(b) The account shall be funded from fees collected under this section and Section 53-5-707.5.
(c) Funds in the account shall be used to cover costs relating to the issuance of concealed firearm permits under this part and may not be used for any other purpose.
(6) (a) The bureau may collect any fees charged by an outside agency for additional services required by statute as a prerequisite for issuance of a permit.
(b) The bureau may modify the fee under Subsection (1)(a) by adjusting that fee so that the total of the fee under Subsection (1)(a) and the fee under Subsection (6)(a) is the nearest even dollar amount to that total.
(c) The bureau shall promptly forward any fees collected under Subsection (6)(a) to the appropriate agency.
(7) The bureau shall make an annual report in writing to the Legislature’s Law Enforcement and Criminal Justice Interim Committee on the amount and use of the fees collected under this section and Section 53-5-707.5.

Our Commentary On The Proposed Amendment To 53-5-707:
—– This section adds that the fees for the provisional permit will go into the “Concealed Weapons Account” which is already used for the current permit. —–

Section 4. Section 53-5-707.5 is enacted to read:
53-5-707.5. Provisional concealed firearm permit — Fees — Disposition of fees.
(1) (a) An applicant for a provisional concealed firearm permit, as described in Section 53-5-704.5, shall pay a fee of $24.75 at the time of filing an application.
(b) A nonresident applicant shall pay an additional $10 for the additional cost of processing a nonresident application.
(2) The replacement fee for the permit is $10.
(3) Fees collected under this section shall be remitted to the Concealed Weapons Account, as described in Subsection 53-5-707(5).
(4) (a) The bureau may collect any fees charged by an outside agency for additional services required by statute as a prerequisite for issuance of a permit.
(b) The bureau may modify the fee under Subsection (1)(a) by adjusting that fee so that the total of the fee under Subsection (1)(a) and the fee under Subsection (4)(a) is the nearest even dollar amount to that total.
(c) The bureau shall promptly forward any fees collected under Subsection (4)(a) to the appropriate agency.

Our Commentary On The Proposed Enactment Of 53-5-707.5:
—– This section adds that the fees are the same as the current permit. —–

Section 5. Section 53-5-710 is amended to read:
53-5-710. Cross-references to concealed firearm permit restrictions.
(1) A person with a permit of any kind to carry a concealed firearm may not carry a concealed firearm in the following locations:
[(1)] (a) any secure area prescribed in Section 76-10-523.5 in which firearms are prohibited and notice of the prohibition posted;
[(2)] (b) [in] any airport secure area as provided in Section 76-10-529; or
[(3)] (c) [in] any house of worship or in any private residence where dangerous weapons are prohibited as provided in Section 76-10-530.
(2) Notwithstanding Subsection 76-10-505.5(2), a person under the age of 21 with a permit of any kind to carry a concealed firearm may not carry a concealed firearm on or about school premises, as defined in Subsection 76-10-505.5(1)(a).

Our Commentary On The Proposed Amendment To 53-5-710:
—– This amendment would renumber this section to say the provisional permit would still restrict the carrying of firearms in the same areas where current permit holders are restricted from carrying a firearm and add that the provisional permit holder would be prohibited from carrying a concealed firearm in and on elementary or secondary school (middle and high school) premises. It would allow the provisional permit holder to carry a concealed firearm in an institution of higher education (colleges and universities) and inside the building where a preschool or childcare is being held. —–

Section 6. Section 53-10-202.5 is amended to read:
53-10-202.5. Bureau services — Fees.
The bureau shall collect fees for the following services:
(1) applicant fingerprint card as determined by Section 53-10-108;
(2) bail enforcement licensing as determined by Section 53-11-115;
(3) concealed firearm permit as determined by Section 53-5-707;
(4) provisional concealed firearm permit as determined by Section 53-5-707.5;
[(4)] (5) application for and issuance of a certificate of eligibility for expungement as determined by Section 77-40-106;
[(5)] (6) firearm purchase background check as determined by Section 76-10-526;
[(6)] (7) name check as determined by Section 53-10-108;
[(7)] (8) private investigator licensing as determined by Section 53-9-111; and
[(8)] (9) right of access as determined by Section 53-10-108.

Our Commentary On The Proposed Amendment To 53-10-202.5:
—– Like the addition of 53-5-707.5 above, this section adds that BCI can collect fees for the provisional concealed firearm permit. —–