News & Updates

Updated April 28^th, 2021

This Bill was signed by Governor Cox.
The new law will take effect 60 days from the end of the Legislative Session on Tuesday, May 5^th, 2021

H.B. 216 Firearms Amendments

KEY:
• Words that have a strikethrough (example) are to be deleted from the current law.
• Words that are underlined (example) would be added to the current law or be creating a new law.

Utah Code Sections Affected:
AMENDS:
53-5-704, as last amended by Laws of Utah 2013, Chapter 280
53-5-710, as last amended by Laws of Utah 2017, Chapter 286
76-10-505.5, as last amended by Laws of Utah 2013, Chapter 301

Be it enacted by the Legislature of the state of Utah:

Section 1. Section 53-5-704 is amended to read:
53-5-704. Bureau duties — Permit to carry concealed firearm — Certification for concealed firearms instructor — Requirements for issuance — Violation — Denial, suspension, or revocation — Appeal procedure.
(1) (a) [The] Except as provided in Subsection (1)(b), the bureau shall issue a permit to carry a concealed firearm for lawful self defense to an applicant who is 21 years [of age] old or older within 60 days after receiving an application, unless the bureau finds proof that the applicant [does not meet the qualifications set forth in] is not qualified to hold a permit under Subsection (2) or (3).
(b) (i) Within 90 days before the day on which a provisional permit holder under Section 53-5-704.5 reaches 21 years old, the provisional permit holder may apply under this section for a permit to carry a concealed firearm for lawful self defense.
(ii) The bureau shall issue a permit for an applicant under Subsection (1)(b)(i) within 60 days after receiving an application, unless the bureau finds proof that the applicant is not qualified to hold a permit under Subsection (2) or (3).
(iii) A permit issued under this Subsection (1)(b):
(A) is not valid until an applicant is 21 years old; and
(B) requires a $10 application fee.
(iv) A person who applies for a permit under this Subsection (1)(b) is not required to retake the firearms training described in Subsection 53-5-704(8).
[(b)] (c) The permit is valid throughout the state for five years, without restriction, except as otherwise provided by Section 53-5-710.
[(c)] (d) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not apply to [a person] an individual issued a permit under Subsection (1)(a) or (b).
[(d)] (e) Subsection (4)(a) does not apply to a nonresident:
(i) active duty service member, who [present] presents to the bureau orders requiring the active duty service member to report for duty in this state; or
(ii) [an] active duty service member’s spouse, stationed with the active duty service member, who presents to the bureau the active duty service member’s orders requiring the service member to report for duty in this state.
(2) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if the applicant or permit holder:
(i) has been or is convicted of a felony;
(ii) has been or is convicted of a crime of violence;
(iii) has been or is convicted of an offense involving the use of alcohol;
(iv) has been or is convicted of an offense involving the unlawful use of narcotics or other controlled substances;
(v) has been or is convicted of an offense involving moral turpitude;
(vi) has been or is convicted of an offense involving domestic violence;
(vii) has been or is adjudicated by a state or federal court as mentally incompetent, unless the adjudication has been withdrawn or reversed; and
(viii) is not qualified to purchase and possess a firearm pursuant to Section 76-10-503 and federal law.
(b) In determining whether an applicant or permit holder [meets the qualifications set forth in] is qualified to hold a permit under Subsection (2)(a), the bureau shall consider mitigating circumstances.
(3) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if it has reasonable cause to believe that the applicant or permit holder has been or is a danger to self or others as demonstrated by evidence, including:
(i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
(ii) past participation in incidents involving unlawful violence or threats of unlawful violence; or
(iii) conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons.
(b) The bureau may not deny, suspend, or revoke a concealed firearm permit solely for a single conviction of an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
(c) In determining whether the applicant or permit holder has been or is a danger to self or others, the bureau may inspect:
(i) expunged records of arrests and convictions of adults as provided in Section 77-40-109; and
(ii) juvenile court records as provided in Section 78A-6-209.
(4) (a) In addition to meeting the other qualifications for the issuance of a concealed firearm permit under this section, a nonresident applicant who resides in a state that recognizes the validity of the Utah permit or has reciprocity with Utah’s concealed firearm permit law shall:
(i) hold a current 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 (4)(a)(i).
(b) A nonresident applicant who knowingly and willfully provides false information to the bureau under Subsection (4)(a) is prohibited from holding a Utah concealed firearm permit for a period of 10 years.
(c) Subsection (4)(a) applies to all applications for the issuance of a concealed firearm permit that are received by the bureau after May 10, 2011.
(d) Beginning January 1, 2012, Subsection (4)(a) also applies to an application for renewal of a concealed firearm permit by a nonresident.
(5) The bureau shall issue a concealed firearm permit to a former peace officer who departs full-time employment as a peace officer, in an honorable manner, within five years of that departure if the officer meets the requirements of this section.
(6) Except as provided in Subsection (7), 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 (8).
(7) An applicant who is a law enforcement officer under Section 53-13-103 may provide a letter of good standing from the officer’s commanding officer in place of the evidence required by Subsection (6)(d).
(8) (a) General familiarity with the types of firearms to be concealed includes training in:
(i) the safe loading, unloading, storage, and carrying of the types of firearms to be concealed; and
(ii) current laws defining lawful use of a firearm by a private citizen, including lawful self-defense, use of force by a private citizen, including use of deadly force, transportation, and concealment.
(b) An applicant may satisfy the general familiarity requirement of Subsection (8)(a) by one of the following:
(i) completion of a course of instruction conducted by a national, state, or local firearms training organization approved by the bureau;
(ii) certification of general familiarity by [a person] an individual who has been certified by the bureau, which may include a law enforcement officer, military or civilian  firearms instructor, or hunter safety instructor; or
(iii) equivalent experience with a firearm through participation in an organized shooting competition, law enforcement, or military service.
(c) Instruction taken by a student under Subsection (8) shall be in person and not through electronic means.
(d) A person applying for a renewal permit is not required to retake the firearms training described in this Subsection 53-5-704(8) if the person:
(i) has an unexpired permit; or
(ii) has a permit that expired less than one year before the date on which the renewal application was submitted.
(9) (a) An applicant for certification as a Utah concealed firearms instructor shall:
(i) be at least 21 years of age;
(ii) be currently eligible to possess a firearm under Section 76-10-503;
(iii) have:
(A) completed a firearm instruction training course from the National Rifle Association or the Department of Public Safety, Division of Peace Officer Safety Standards and Training; or
(B) received training equivalent to one of the courses referred to in Subsection
(9)(a)(iii)(A) as determined by the bureau;
(iv) have taken a course of instruction and passed a certification test as described in Subsection (9)(c); and
(v) possess a Utah concealed firearm permit.
(b) An instructor’s certification is valid for three years from the date of issuance, unless revoked by the bureau.
(c) (i) In order to obtain initial certification or renew a certification, an instructor shall attend an instructional course and pass a test under the direction of the bureau.
(ii) (A) The bureau shall provide or contract to provide the course referred to in Subsection (9)(c)(i) twice every year.
(B) The course shall include instruction on current Utah law related to firearms, including concealed carry statutes and rules, and the use of deadly force by private citizens.
(d) (i) Each applicant for certification under this Subsection (9) shall pay a fee of $50.00 at the time of application for initial certification.
(ii) The renewal fee for the certificate is $25.
(iii) The bureau may use a fee paid under Subsections (9)(d)(i) and (ii) as a dedicated credit to cover the cost incurred in maintaining and improving the instruction program required for concealed firearm instructors under this Subsection (9).
(10) A certified concealed firearms instructor shall provide each of the instructor’s students with the required course of instruction outline approved by the bureau.
(11) (a) (i) A concealed firearms instructor shall provide a signed certificate to [a person] an individual successfully completing the offered course of instruction.
(ii) The instructor shall sign the certificate with the exact name indicated on the instructor’s certification issued by the bureau under Subsection (9).
(iii) (A) The certificate shall also have affixed to it the instructor’s official seal, which is the exclusive property of the instructor and may not be used by any other [person] individual.
(B) The instructor shall destroy the seal upon revocation or expiration of the instructor’s certification under Subsection (9).
(C) The bureau shall determine the design and content of the seal to include at least the following:
(I) the instructor’s name as it appears on the instructor’s certification;
(II) the words “Utah Certified Concealed Firearms Instructor,” “state of Utah,” and “my certification expires on (the instructor’s certification expiration date)”; and
(III) the instructor’s business or residence address.
(D) The seal shall be affixed to each student certificate issued by the instructor in a manner that does not obscure or render illegible any information or signatures contained in the document.
(b) The applicant shall provide the certificate to the bureau in compliance with Subsection (6)(d).
(12) The bureau may deny, suspend, or revoke the certification of an applicant or a concealed firearms instructor if it has reason to believe the applicant or the instructor has:
(a) become ineligible to possess a firearm under Section 76-10-503 or federal law; or
(b) knowingly and willfully provided false information to the bureau.
(13) An applicant for certification or a concealed firearms instructor has the same appeal rights as [set forth] described in Subsection (16).
(14) In providing instruction and issuing a permit under this part, the concealed firearms instructor and the bureau are not vicariously liable for damages caused by the permit holder.
(15) An individual who knowingly and willfully provides false information on an application filed under this part is guilty of a class B misdemeanor, and the application may be denied, or the permit may be suspended or revoked.
(16) (a) In the event of a denial, suspension, or revocation of a permit, the applicant or permit holder may file a petition for review with the board within 60 days from the date the denial, suspension, or revocation is received by the applicant or permit holder by certified mail, return receipt requested.
(b) The bureau’s denial of a permit shall be in writing and shall include the general reasons for the action.
(c) If an applicant or permit holder appeals the denial to the review board, the applicant or permit holder may have access to the evidence upon which the denial is based in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
(d) On appeal to the board, the bureau has the burden of proof by a preponderance of the evidence.
(e) (i) Upon a ruling by the board on the appeal of a denial, the board shall issue a final order within 30 days stating the board’s decision.
(ii) The final order shall be in the form prescribed by Subsection 63G-4-203(1)(i).
(iii) The final order is final bureau action for purposes of judicial review under Section 63G-4-402.
(17) The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to administer this chapter.

Section 2. 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:
(a) any secure area prescribed in Section 76-10-523.5 in which firearms are prohibited and notice of the prohibition posted;
(b) any airport secure area as provided in Section 76-10-529; or
(c) 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)](4), 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).

Section 3. Section 76-10-505.5 is amended to read:
76-10-505.5. Possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises — Penalties.
(1) As used in this section, “on or about school premises” means:
(a) (i) in a public or private elementary or secondary school; or
(ii) on the grounds of any of those schools;
(b) (i) in a public or private institution of higher education; or
(ii) on the grounds of a public or private institution of higher education; and
(iii) (A) inside the building where a preschool or child care is being held, if the entire building is being used for the operation of the preschool or child care; or
(B) if only a portion of a building is being used to operate a preschool or child care, in  that room or rooms where the preschool or child care operation is being held.
(2) A person may not possess any dangerous weapon, firearm, or short barreled shotgun, as those terms are defined in Section 76-10-501, at a place that the person knows, or has reasonable cause to believe, is on or about school premises as defined in this section.
(3) (a) Possession of a dangerous weapon on or about school premises is a class B misdemeanor.
(b) Possession of a firearm or short barreled shotgun on or about school premises is a class A misdemeanor.
(4) This section does not apply if:
(a) the person is authorized to possess a firearm as provided under Section 53-5-704, 53-5-705, 76-10-511, or 76-10-523, or as otherwise authorized by law;
(b) the person is authorized to possess a firearm as provided under Section 53-5-704.5, unless the person is in a location where the person is prohibited from carrying a firearm under Subsection 53-5-710(2);
[(b)] (c) the possession is approved by the responsible school administrator;
[(c)] (d) the item is present or to be used in connection with a lawful, approved activity and is in the possession or under the control of the person responsible for its possession or use; or
[(d)] (e) the possession is:
(i) at the person’s place of residence or on the person’s property; or
(ii) in any vehicle lawfully under the person’s control, other than a vehicle owned by the school or used by the school to transport students.
(5) This section does not prohibit prosecution of a more serious weapons offense that may occur on or about school premises.