53-5-701  Short title.
 53-5-702  Definitions.
 53-5-703  Board -- Membership -- Compensation -- Terms -- Duties.
 53-5-704  Division duties -- Permit to carry concealed firearm --
   Requirements for issuance -- Violation -- Appeal procedure.
 53-5-705  Temporary permit to carry concealed firearm.
 53-5-706  Permit -- Fingerprints transmitted to division -- Report from division.
 53-5-707  Permit -- Fee -- Disposition.
 53-5-708  Permit -- Names private.
 53-5-709  Permit -- Suspension -- Revocation by division for law violation.
 53-5-701  Short title.

   This part is known as the "Concealed Weapon Act."

 History: C. 1953, 53-5-701, enacted by L. 1993, ch. 234, s 261.

 53-5-702  Definitions.

   (1) As used in this part, "board" means the Concealed Weapon Review Board
 created in Section 53-5-703.
   (2) The definitions in Section 76-10-501 apply to this part.

 53-5-703  Board -- Membership -- Compensation -- Terms -- Duties.

   (1) There is created within the division the Concealed Weapon Review Board.
   (2) (a) The board is comprised of not more than five members appointed by the
    commissioner on a bipartisan basis.
     (b) The board shall include a member representing law enforcement and at
    least two citizens, one of whom represents sporting interests.
   (3) Members of the board shall be appointed for three-year terms, except that
 the initial appointments shall be made as follows:
     (a) two members shall be appointed for three-year terms;
     (b) two members shall be appointed for two-year terms; and
     (c) one member shall be appointed for a one-year term.
   (4) Members of the board do not receive per diem, but shall be reimbursed for
 their actual and necessary travel expenses at the rate established by the
 Division of Finance.
   (5) The board shall meet at least quarterly, unless the board has no business
 to conduct during that quarter.
   (6) The board, upon receiving a timely filed petition for review, shall
 review the denial or revocation of a permit to carry a concealed weapon.
 History: C. 1953, 53-5-703, enacted by L. 1993, ch. 234, s 263.

 53-5-704  Division duties -- Permit to carry concealed firearm --
   Requirements for issuance -- Violation -- Appeal procedure.

   (1) The division or its designated agent shall issue a permit to carry a
 concealed firearm for lawful self defense to an applicant who is 21 years of
 age or older within 60 days after receiving an application and upon proof that
 the person applying is of good character. The permit is valid throughout the
 state, without restriction, for two years.
   (2) An applicant satisfactorily demonstrates good character if he:
     (a) has not been convicted of a felony;
     (b) has not been convicted of any crime of violence;
     (c) has not been convicted of any offenses involving the use of alcohol;
     (d) has not been convicted of any offense involving the unlawful use of
    narcotics or other controlled substances;
     (e) has not been convicted of any offenses involving moral turpitude;
     (f) has not been convicted of any offense involving domestic violence; and
     (g) has not been adjudicated by a court of a state or of the United States
    as mentally incompetent, unless the adjudication has been withdrawn or
    reversed.
   (3) (a) The division may deny a concealed firearm permit if the licensing
    authority has reasonable cause to believe that the applicant has been or is
    a danger to self or others as demonstrated by evidence including, but not
    limited to:
       (i) past pattern of behavior involving unlawful violence or threats of
      unlawful violence; or
       (ii) past participation in incidents involving unlawful violence or
      threats of unlawful violence.
     (b) In determining whether the applicant has been or is a danger to self or
    others, the division may inspect:
       (i) expunged records of arrests and convictions of adults as provided in
      Section 77-18-15; and
       (ii) juvenile court records as provided in Section 78-3a-55.
   (4) A former peace officer who departs full-time employment as peace officer,
 in an honorable manner, shall be issued a concealed firearm permit within five
 years of that departure if the officer meets the requirements of this section.
   (5) In assessing good character under Subsection (2), the licensing authority
 shall consider mitigating circumstances.

   (6) The licensing authority shall also require the applicant to provide:
     (a) letters of character reference;
     (b) two recent dated photographs;
     (c) two sets of fingerprints;
     (d) a five-year employment history;
     (e) a five-year residential history; and
     (f) evidence of general familiarity with the types of firearms to be
    concealed as defined in Subsection (7).
   (7) (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 deadly force, transportation, and
      concealment.
     (b) Evidence of general familiarity with the types of firearms to be
    concealed is satisfied by one of the following:
       (i) completion of a course of instruction conducted by any national,
      state, or local firearms training organization approved by the division;
       (ii) certification of general familiarity by a person who has been
      approved by the division, 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.
   (8) In issuing a permit under this part, the licensing authority is not
 vicariously liable for damages caused by the permit holder.
   (9) If any person knowingly and willfully provides false information on an
 application filed under this part, he is guilty of a class B misdemeanor. Upon
 conviction, if a decision on the application is pending, the application shall
 be denied; if the permit has been issued, it shall be immediately revoked.
   (10) (a) In the event of a denial or revocation by the agency, the applicant
    may, within 60 days of the date the denial or revocation is received by the
    applicant, file a petition for review with the board.
     (b) The denial of a permit shall be in writing and shall include the
    general reasons for the action.
     (c) If an applicant appeals his denial to the review board, the applicant
    may have access to the evidence upon which the denial is based in accordance
    with Title 63, Chapter 2, Government Records Access and Management Act.

 53-5-705  Temporary permit to carry concealed firearm.

   (1) The division or its designated agent may issue a temporary permit to
 carry a concealed firearm to a person who:
     (a) has applied for a permit under Section 53-5-704;
     (b) has applied for a temporary permit under this section; and
     (c) meets the criteria required in Subsections (2) and (3).
   (2) To receive a temporary permit under this section, the applicant shall:
     (a) demonstrate good character by the same requirements as in Section 53-5-
    704; and
     (b) demonstrate in writing to the satisfaction of the licensing authority
    extenuating circumstances that would justify issuing a temporary permit.
   (3) A temporary permit may not be issued under this section until preliminary
 record checks regarding the applicant have been made with the National Crime
 Information Center and the division to determine any criminal history.
   (4) A temporary permit is valid only for a maximum of 90 days or any lesser
 period specified by the division, or until a permit under Section 53-5-704 is
 issued to the holder of the temporary permit, whichever period is shorter.
   (5) The licensing authority may deny issuance or revoke a temporary permit
 prior to expiration if the commissioner determines:
     (a) the circumstances justifying the temporary permit no longer exist;
     (b) the holder of the permit has knowingly and willfully provided false
    information regarding his character; or
     (c) the holder of the temporary permit does not meet the requirements for a
    permit under Section 53-5-704.
   (6) (a) The denial or revocation of a temporary permit shall be in writing
    and shall include the reasons for the action.
     (b) The licensing authority's decision to deny or revoke a temporary permit
    may not be appealed to the board.
     (c) Denial or revocation under this subsection is final action for purposes
    of judicial review under Section 63-46b-15.

 History: C. 1953, 76-10-513.5, enacted by L. 1990, ch. 276, s 1; renumbered by
 L. 1993, ch. 234, s 265.

 53-5-706  Permit -- Fingerprints transmitted to division -- Report from
   division.

   (1) (a) Except as provided in Subsection (2), the fingerprints of each
    applicant shall be taken on two copies of forms prescribed by the division
    and shall be forwarded to the division.
     (b) Upon receipt of the fingerprints and the fee prescribed in Section 53-
    5-707, the division 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) The division shall promptly furnish the forwarding licensing authority
    a report of all data and information pertaining to any applicant of which
    there is a record in its office, or of which a record is found in the files
    of the Federal Bureau of Investigation.
     (d) A permit may not be issued by any licensing authority until receipt of
    the report from the division.
   (2) If the permit applicant has previously applied to the same licensing
 authority for a permit to carry concealed firearms and the applicant's
 fingerprints and fee have been previously forwarded within one year to the
 division, the licensing authority shall note the previous identification
 numbers and other data which would provide positive identification in the files
 of the division on the copy of any subsequent permit submitted to the division
 in accordance with this section, and no additional application form,
 fingerprints, or fee are required.

 History: C. 1953, 76-10-515, enacted by L. 1973, ch. 196, s 76-10-515; 1979,
 ch. 76, 33; renumbered by L. 1993, ch. 234, s 266; 1994, ch. 12, s 40.

 53-5-707  Permit -- Fee -- Disposition.

   (1) Each applicant for a permit shall pay a fee of $35 at the time of filing
 his application.
   (2) The renewal fee for the permit is $5.
   (3) All fees shall promptly be deposited in the state treasury and credited to the General Fund.

 History: C. 1953, 76-10-516, enacted by L. 1973, ch. 196, s 76-10-516; 1984
 (2nd S.S.), ch. 15, s 134; 1986, ch. 209, s 2; renumbered by L. 1993, ch.
 234, s 267.

 53-5-708  Permit -- Names private.

   (1) When any permit is issued, a record shall be maintained in the office of
 the licensing authority. Notwithstanding the requirements of Subsection 63-2-
 301(1)(b), the names, addresses, telephone numbers, dates of birth, and Social
 Security numbers of persons receiving permits are protected records under
 Subsection 63-2-304(9).
   (2) Copies of each permit issued shall be filed immediately by the licensing
 authority with the division.

 History: C. 1953, 76-10-517, enacted by L. 1973, ch. 196, s 76-10-517;
 renumbered by L. 1993, ch. 234, s 268; 1994, ch. 12, s 41; 1994, ch. 54, s 1.
 

 53-5-709  Permit -- Suspension -- Revocation by division for law violation.

   (1) The division, within 30 days after receiving notification that a person
 granted a permit under this part has been convicted of a crime of violence or
 has failed to maintain good character as defined in Subsection 53-5-704(2) in
 Utah or any other state, shall revoke the permit and the person whose permit is
 revoked may not be granted a permit.
   (2) (a) If a person granted a permit under this part has been charged with a
    crime of violence in Utah or any other state, the division shall suspend the
    permit.
     (b) Upon notice of the acquittal of the person charged, or notice of the
    charges having been dropped, the division shall immediately reinstate the
    suspended permit.

 History: C. 1953, 76-10-518, enacted by L. 1973, ch. 196, s 76-10-518; 1986,
 ch. 209, s 3; renumbered by L. 1993, ch. 234, s 269.