Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 198 (2017GS)

Sponsor

Rep. Lisonbee, K.

Final action

Governor Signed 3/23/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• establishes a provisional permit to carry a concealed firearm;
• stipulates that individuals must be at least 18 years of age, but no more than 20 years of age, to obtain the permit;
• stipulates that the holder of a provisional permit issued by the state must meet eligibility requirements, including minimum age requirements, to carry a concealed firearm in another state; and
• prohibits a provisional permit holder from carrying a concealed firearm on or about an elementary or secondary school premises.

Every vote on this bill

Bill text

CONCEALED CARRY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karianne Lisonbee
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill establishes a provisional permit to carry a concealed firearm for eligible
individuals under 21 years of age.
Highlighted Provisions:
This bill:
▸ establishes a provisional permit to carry a concealed firearm;
▸ stipulates that individuals must be at least 18 years of age, but no more than 20
years of age, to obtain the permit;
▸ stipulates that the holder of a provisional permit issued by the state must meet
eligibility requirements, including minimum age requirements, to carry a concealed
firearm in another state; and
▸ prohibits a provisional permit holder from carrying a concealed firearm on or about
an elementary or secondary school premises.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-5-706
, as last amended by Laws of Utah 2011, Chapter 368
53-5-707
, as last amended by Laws of Utah 2014, Chapters 189 and 226
53-5-710
, as last amended by Laws of Utah 1999, Chapter 366
53-10-202.5
, as last amended by Laws of Utah 2010, Chapters 58, 283 and last
amended by Coordination Clause, Laws of Utah 2010, Chapter 58
ENACTS:
53-5-704.5
, Utah Code Annotated 1953
53-5-707.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. 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.
Section 2. 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).
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
.
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.
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).
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
.