Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 174 (2017GS)

Sponsor

Rep. Potter, V.

Final action

Governor Signed 3/22/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• addresses the retention of certain federally required firearm transfer certifications and notifications;
• classifies as a private record:
• any firearm transfer certification or notification; and
• any record or portion of a record that contains information from a firearm transfer certification or notification; and
• makes technical changes.

Every vote on this bill

Bill text

FIREARM RECORDS PROTECTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Val K. Potter
Senate Sponsor: 
Peter C. Knudson
LONG TITLE
General Description:
This bill modifies provisions related to firearm transfer certifications and notifications.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ addresses the retention of certain federally required firearm transfer certifications
and notifications;
▸ classifies as a private record:
• any firearm transfer certification or notification; and
• any record or portion of a record that contains information from a firearm
transfer certification or notification; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-5a-104
, as last amended by Laws of Utah 2015, Chapters 258 and 406
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-5a-104
 is amended to read:
53-5a-104.
Firearm transfer certification or notification.
(1) As used in this section:
(a) "Certification" means the participation and assent of the chief law enforcement
officer necessary under federal law for the approval of the application to transfer or make a
firearm.
(b) "Chief law enforcement officer" means any official 
that
 the Bureau of Alcohol,
Tobacco, Firearms and Explosives, or any successor agency, identifies by regulation or
otherwise as eligible to provide any required certification for the making or transfer of a
firearm.
(c) "Firearm" means the same as that term is defined in the National Firearms Act, 26
U.S.C. Sec. 5845(a).
(d) "Local law enforcement agency" means the same as that term is described in 18
U.S.C. Sec. 923.
(e) "Notification" means any form or record that is subject to 18 U.S.C. Sec.
923(g)(3)(B).
(2) A chief law enforcement officer may not make a certification under this section that
the chief law enforcement officer knows to be untrue. The chief law enforcement officer may
not refuse to provide certification based on a generalized objection to private persons or entities
making, possessing, or receiving firearms or any certain type of firearm, the possession of
which is not prohibited by law.
(3) Upon receiving a federal firearm transfer form a chief law enforcement officer or
the chief law enforcement officer's designee shall provide certification if the applicant:
(a) is not prohibited by law from receiving or possessing the firearm; or
(b) is not the subject of a proceeding that could result in the applicant being prohibited
by law from receiving or possessing the firearm.
(4) The chief law enforcement officer, the chief law enforcement officer's designee, or
official signing the federal transfer form shall:
(a) return the federal transfer form to the applicant within 15 calendar days; or
(b) if the applicant is denied, provide to the applicant the reasons for denial in writing
within 15 calendar days.
(5) Chief law enforcement officers and their employees who act in good faith when
acting within the scope of their duties are immune from liability arising from any act or
omission in making a certification as required by this section. Any action taken against a chief
law enforcement officer or an employee shall be in accordance with Title 63G, Chapter 7,
Governmental Immunity Act of Utah.
(6) A chief law enforcement officer or local law enforcement agency that receives a
certification or notification shall destroy and delete the certification or notification and any
other record that contains information obtained from the certification or notification within 15
days after the day on which the chief law enforcement officer or local law enforcement agency
receives the certification or notification.
(7) A certification or notification and any other record or portion of a record that
contains information gathered from the certification or notification is classified as a private
record in accordance with Title 63G, Chapter 2, Government Records Access and Management
Act.