53-5-701

53-5-701. Short title.=
This part is known as the "Concealed Weapon Act."

  &nb= sp; 53-5-702.  = ; Definitions.
     (1) As used in this part:
     (a) "Board" means the Concealed Weapon Review Board created in Section 53-5-703.
     (b) "Commissioner" means the commissione= r of the Department of Public Safety.
     (c) "Conviction" means criminal conduct where the filing of a criminal charge has resulted in:
     (i) a finding of guilt= based on evidence presented to a judge or jury;
     (ii) a guilty plea;
     (iii) a plea of nolo <= span class=3DSpellE>contendere;
     (iv) a plea of guilty or nolo= contendere which is held in abeyance pending the successful completion of probation;
     (v) a pending diversion agreement; or
     (vi) a conviction which has been reduced pursuant = to Section 76-3-402.
     (d) "Division" means the Criminal Investigations and Technical Services Division created in Section 53-10-= 103.
     (2) The definitions in Section 76-10-501 ap= ply to this part.

  &nb= sp; 53-5-703.  = ; Board -- Membership -- Compensation -- Terms -- Duties.
     (1) There is created within the division the Conce= aled 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 represe= nts sporting interests.
     (3) (a) Except as requi= red by Subsection (b), as terms of current board members expire, the commissioner shall appoint each new member or reappointed member to a four-year term.
     (b) Notwithstanding the requirements of Subsection (a), the commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two ye= ars.
     (4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
     (5) (a) (i) Members wh= o are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance= of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
     (ii) Members may decline to receive per diem and expenses for their service.
     (b) (i) State governme= nt officer and employee members who do not receive salary, per diem, or expens= es from their agency for their service may receive per diem and expenses incur= red in the performance of their official duties from the board at the rates established by the Division of Finance under Sections 63A-3-106 and = 63A-3-107.
     (ii) State government officer and employee members= may decline to receive per diem and expenses for their service.
     (6) The board shall meet at least quarterly, unless the board has no business to conduct during that quarter.
     (7) The board, upon receiving a timely filed petit= ion for review, shall review within a reasonable time the denial, suspension, or revocation of a permit or a temporary permit to carry a concealed firearm.<= o:p>

  &nb= sp; 53-5-704.   Division duties -- Permit to carry concealed firearm -- Certification for concealed firearms instructor -- Requirements = for issuance -- Violation -- Denial, suspension, or revocation -- Appeal proced= ure.
     (1) (a) 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, unless during the 60-day period the division finds proof that = the applicant is not of good character.
     (b) The permit is valid throughout the state, with= out restriction except as provided by Section 53-5-710 for five years.      (2) An applicant satisfactorily demonstrates good character if the applicant:
     (a) has not been convicted of a felony;
     (b) has not been convicted of a crime of violence;=
     (c) has not been convicted of an offense involving= the use of alcohol;
     (d) has not been convicted of an offense involving= the unlawful use of narcotics or other controlled substances;
     (e) has not been convicted of an offense involving moral turpitude;
     (f) has not been convicted of an offense involving domestic violence;
     (g) has not been adjudicated by a court of a state= or of the United States as mentally incompetent, unless the adjudication has b= een withdrawn or reversed; and
     (h) is qualified to purchase and possess a dangero= us weapon and a handgun pursuant to Section 76-10-503 and federal law.<= br>      (3) (a) The division may deny, suspend, or revoke 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 be= havior 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 Tit= le 76, Chapter 10, Part 5, Weapons.
     (b) The division may not deny, suspend, or revoke a concealed firearm permit solely for a single conviction for an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
     (c) 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; a= nd
     (ii) juvenile court records as provided in Section= 78-3a-206.
     (d) (i) If a person granted a permit under this part has been charged with a crime = of violence in any state, the division shall suspend the permit.
     (ii) 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.
     (4) A former peace officer who departs full-time employment as a peace officer, in an honorable manner, shall be issued a concealed firearm permit within five years of that depart= ure 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) Except as provided in Subsection (7), the licensing authority shall also require the

applicant to provide:
     (a) address of 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 t= he officer's commanding officer in place of the items required by Subsection (= 6)(d).
     (8) (a) General familiarity with the types of fire= arms 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) Evidence of general familiarity with the types= of firearms to be concealed may be satisfied by one of the following:
     (i) completion of a co= urse of instruction conducted by any national, state, or local firearms training organization approved by the division;
     (ii) certification of general familiarity by a per= son who has been certified by the division, which may include a law enforcement officer, military or civilian firearms instructor, or hunter safety instruc= tor; or
     (iii) equivalent experience with a firearm through participation in an organized shooting competition, law enforcement, or military service.
     (c) Any instruction taken by a student under Subsection (8)(b) shall be in person and not thr= ough electronic means.
     (9) An applicant for certification as a Utah concealed f= irearms instructor shall:
     (a) be at least 21 years of age; and
     (b) be currently eligib= le to possess a firearm under Section 76-10-503 and federal law.
     (10) Each certified concealed firearms instructor shall provide each of the instructor's students with the required course of instruction outline approved by the division.
     (11) All concealed firearms instructors are requir= ed to provide a signed certificate to persons completing the course of instruction, which certificate shall be provided by the applicant to the division.
     (12) The division may deny, suspend, or revoke the certification of a concealed firearms instructor if the licensing authority= has reason to believe the applicant has:
     (a) become ineligible to possess a firearm under Section 76-10-503 or federal law; or
     (b) knowingly and willfully provided false informa= tion to the division.
     (13) A concealed firearms instructor has the same appeal rights as set forth in Subsection (16).
     (14) In issuing a permit under this part, the licensing authority is not vicariously liable for damages caused by the per= mit holder.
     (15) If any person knowingly and willfully provides false information on an application filed under this part, he is guilty of a class B misdemeanor, and his application may be denied, or his permit may be suspended or revoked.

  &nb= sp; (16) (a) In the event of a denial, suspension, or revocation by the agency,= the applicant 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 by certified mail, return receipt requested.
     (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 revi= ew 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.
     (d) On appeal to the board, the agency shall have = 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 division shall is= sue a final order within 30 days stating the board's decision.
     (ii) The final order shall be in the form prescrib= ed by Subsection 63-46b-5(1)(i).
     (iii) The final order is final agency action for purposes of judicial review under Section 63-46b-15.
     (17) The commissioner may make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, necessary to administer this chapter.

  &nb= sp; 53-5-705.  = ; Temporary permit to carry concealed firearm -- Denial, suspension, or revocation -- Appeal.
     (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 secti= on, the applicant shall demonstrate in writing to the satisfaction of the licen= sing 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 m= ade with the National Crime Information Center and the divi= sion 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 u= nder Section 53-5-704 is issued to the holder of the temporary permit, whichever period is shorter.
     (5) The licensing authority may deny, suspend, or revoke a temporary permit prior to expiration if the commissioner determine= s:
     (a) the circumstances justifying the temporary per= mit no longer exist; or
     (b) the holder of the temporary permit does not me= et the requirements for a permit under Section 53-5-704.
     (6) (a) The denial, suspension, or revocation of a temporary permit shall be in writing and sha= ll include the reasons for the action.
     (b) The licensing authority's decision to deny, suspend, or revoke a temporary permit may not be appealed to the board.
     (c) Denial, suspension, or revocation under this subsection is final action for purposes of judicial review under Section 63-46b-15.

  &nb= sp; 53-5-706.   Permit -- Fingerprints transmitted to division= -- Report from division.
     (1) (a) Except as provi= ded in Subsection (2), the fingerprints of each applicant shall be taken on a form 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 sear= ch through its files.
     (c) The division shall promptly furnish the forwar= ding 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 t= he applicant's fingerprints and fee have been previously forwarded within one = year to the division, the licensing authority shall note the previous identifica= tion numbers and other data which would provide positive identification in the f= iles of the division on the copy of any subsequent permit submitted to the divis= ion in accordance with this section, and no additional application form, fingerprints, or fee are required.

  &nb= sp; 53-5-707.  = ; Permit -- Fees -- Disposition.
     (1) Each applicant for a permit shall pay a fee of= $35 at the time of filing an application. The initial fee shall be waived for an applicant who is a law enforcement officer under Section 53-13-103.<= br>      (2) The renewal fee for the permit is $10.
     (3) The replacement fee for the permit is $10.
     (4) The late fee for the renewal permit is $7.50.<= br>      (5) All fees shall promptly be deposited in the st= ate treasury and credited to the General Fund.
     (6) The division may collect any fees charged by an outside agency for additional services required by statute as a prerequisite for issuance of a permit. The division shall promptly forward any fees collected to the appropriate agency.

  &nb= sp; 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 (1= 0).
     (2) Copies of each permit issued shall be filed immediately by the licensing authority with the division.=

  &nb= sp; 53-5-710.   Cross-references to concealed firearm permit restrictions.
     A person with a permit to carry a concealed firearm may not carry a concealed firearm in the following locations:
     (1) any secure area prescribed in Section 76-10= -523.5 in which firearms are prohibited and notice of the prohibition posted;
     (2) in any airport secure area as provided in Sect= ion 76-10-529; or
     (3) in any house of worship or in any private residence where dangerous weapons are prohibited as provided in Section = 76-10-530.

  &nb= sp; 53-5-711.  = ; Law enforcement officials and judges -- Training requirements -- Qualification = -- Revocation.
     (1) For purposes of this section and Section 76= -10-523:
     (a) "Judge" means a judge or justice of a court of record or court not of record, but does not include a judge pro te= m or senior judge.
     (b) "Law enforcement official of this state&q= uot; means:
     (i) a member of the Bo= ard of Pardons and Paroles;
     (ii) a district attorney, deputy district attorney, county attorney or deputy county attorney of a county not in a prosecution district;
     (iii) the attorney general;
     (iv) an assistant attorney general designated as a criminal prosecutor; or
     (v) a city attorney or a deputy city attorney designated as a criminal prosecutor.
     (2) To qualify for the exemptions enumerated in Section 76-10-523, a law enforcement official or judge shall complete the following training requirements:
     (a) meet the requirements of Sections 53-5-704<= /b>, 53-5-706, and 53-5-707; and
     (b) successfully complete an additional course of training as established by the commissioner of public safety designed to as= sist them while carrying out their official law enforcement and judicial duties = as agents for the state or its political subdivisions.
     (3) Annual requalification requirements for law enforcement officials and judges shall be established = by the:
     (a) Board of Pardons and Paroles by rule for its members;
     (b) Judicial Council by rule for judges; and
     (c) the district attorney, county attorney in a co= unty not in a prosecution district, the attorney general, or city attorney by po= licy for prosecutors under their jurisdiction.
     (4) The division may:
     (a) issue a certificate of qualification to a judg= e or law enforcement official who has completed the requirements of Subsection (= 1), which certificate of qualification is valid until revoked;
     (b) revoke the certificate of qualification of a j= udge or law enforcement official who fails to meet the annual requalification criteria established pursuant to Subsection (3); and
     (c) certify instructors for the training requireme= nts of this section.