Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 60 Third Substitute (2021GS)

Sponsor

Rep. Brooks, W.

Final action

Governor Signed 2/15/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides that an individual who is 21 years old or older, and may lawfully possess a firearm, may carry a concealed firearm in a public area without a permit;
• provides for the transfer of unused funds in the Concealed Weapons Account to the Division of Substance Abuse and Mental Health for suicide prevention efforts; and
• creates the Suicide Prevention and Education Fund within the division for suicide prevention efforts.

Every vote on this bill

Bill text

CONCEAL CARRY FIREARMS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Walt Brooks
Senate Sponsor: 
David P. Hinkins
Cosponsors:
Nelson T. Abbott
Cheryl K. Acton
Carl R. Albrecht
Kera Birkeland
Jefferson S. Burton
Steve R. Christiansen
Kay J. Christofferson
Joel Ferry
Francis D. Gibson
Matthew H. Gwynn
Dan N. Johnson
Marsha Judkins
Bradley G. Last
Karianne Lisonbee
Phil Lyman
A. Cory Maloy
Jefferson Moss
Michael J. Petersen
Val L. Peterson
Candice B. Pierucci
Paul Ray
Adam Robertson
Mike Schultz
Travis M. Seegmiller
Rex P. Shipp
Casey Snider
V. Lowry Snow
Robert M. Spendlove
Jeffrey D. Stenquist
Keven J. Stratton
Mark A. Strong
Jordan D. Teuscher
Christine F. Watkins
Ryan D. Wilcox
Mike Winder
LONG TITLE
General Description:
This bill modifies provisions related to carrying a concealed firearm and suicide
prevention.
Highlighted Provisions:
This bill:
▸ provides that an individual who is 21 years old or older, and may lawfully possess a
firearm, may carry a concealed firearm in a public area without a permit;
▸ provides for the transfer of unused funds in the Concealed Weapons Account to the
Division of Substance Abuse and Mental Health for suicide prevention efforts; and
▸ creates the Suicide Prevention and Education Fund within the division for suicide
prevention efforts.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-5-707
, as last amended by Laws of Utah 2019, Chapter 440
76-10-504
, as last amended by Laws of Utah 2015, Chapter 406
76-10-505
, as last amended by Laws of Utah 2009, Chapter 362
76-10-523
, as last amended by Laws of Utah 2019, Chapters 39, 375, and 458
ENACTS:
62A-15-1104
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. 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 $25 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 $20. A nonresident shall pay an additional $5 for
the additional cost of processing a nonresidential renewal.
(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 may only be used to cover costs relating to:
(i) the issuance of concealed firearm permits under this part; or
(ii) the programs described in Subsections 
62A-15-103
(3) and 
76-10-526
(15) and
Section 
62A-15-1101
.
(d) No later than 90 days after the end of the fiscal year 50% of the fund balance shall
be transferred to the Suicide Prevention and Education Fund, created in Section 
62A-15-1104
.
(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 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 2. Section 
62A-15-1104
 is enacted to read:
 62A-15-1104.
Suicide Prevention and Education Fund.
(1) There is created an expendable special revenue fund known as the Suicide
Prevention and Education Fund.
(2) The fund shall consist of funds transferred from the Concealed Weapons Account
in accordance with Subsection 
53-5-707
(5)(d).
(3) Money in the fund shall be used for suicide prevention efforts that include a focus
on firearm safety as related to suicide prevention.
(4) The division shall establish a process by rule in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act, for the expenditure of money from the fund.
(5) The division shall make an annual report to the Legislature regarding the status of
the fund, including a report detailing amounts received, expenditures made, and programs and
services funded.
Section 3. Section 
76-10-504
 is amended to read:
76-10-504.
Carrying concealed firearm -- Penalties.
(1) Except as provided in [
Section
] 
Sections
76-10-503
and 
76-10-523
 and in
Subsections (2), (3), and (4), a person who carries a concealed firearm, as defined in Section
76-10-501
, including an unloaded firearm on his or her person or one that is readily accessible
for immediate use which is not securely encased, as defined in this part, in or on a place other
than the person's residence, property, a vehicle in the person's lawful possession, or a vehicle,
with the consent of the individual who is lawfully in possession of the vehicle, or business
under the person's control is guilty of a class B misdemeanor.
(2) A person who carries a concealed firearm that is a loaded firearm in violation of
Subsection (1) is guilty of a class A misdemeanor.
(3) A person who carries concealed an unlawfully possessed short barreled shotgun or
a short barreled rifle is guilty of a second degree felony.
(4) If the concealed firearm is used in the commission of a violent felony as defined in
Section 
76-3-203.5
, and the person is a party to the offense, the person is guilty of a second
degree felony.
(5) Nothing in Subsection (1) or (2) prohibits a person engaged in the lawful taking of
protected or unprotected wildlife as defined in Title 23, Wildlife Resources Code of Utah, from
carrying a concealed firearm as long as the taking of wildlife does not occur:
(a) within the limits of a municipality in violation of that municipality's ordinances; or
(b) upon the highways of the state as defined in Section 
41-6a-102
.
Section 4. Section 
76-10-505
 is amended to read:
76-10-505.
Carrying loaded firearm in vehicle or on street.
(1) Unless otherwise authorized by law, a person may not carry a loaded firearm:
(a) in or on a vehicle, unless:
(i) the vehicle is in the person's lawful possession; or
(ii) the person is carrying the loaded firearm in a vehicle with the consent of the person
lawfully in possession of the vehicle;
(b) on a public street; or
(c) in a posted prohibited area.
(2) Subsection (1)(a) does not apply to a minor under 18 years of age, since a minor
under 18 years of age may not carry a loaded firearm in or on a vehicle.
(3) Notwithstanding [
Subsection
] 
Subsections
 (1)(a)(i) and (ii), 
and Subsection
76-10-523
(5),
 a person may not possess a loaded rifle, shotgun, or muzzle-loading rifle in a
vehicle.
(4) A violation of this section is a class B misdemeanor.
Section 5. Section 
76-10-523
 is amended to read:
76-10-523.
Persons exempt from weapons laws.
(1) Except for Sections 
76-10-506
, 
76-10-508
, and 
76-10-508.1
, this part and Title 53,
Chapter 5, Part 7, Concealed Firearm Act, do not apply to any of the following:
(a) a United States marshal;
(b) a federal official required to carry a firearm;
(c) a peace officer of this or any other jurisdiction;
(d) a law enforcement official as defined and qualified under Section 
53-5-711
;
(e) a judge as defined and qualified under Section 
53-5-711
;
(f) a court commissioner as defined and qualified under Section 
53-5-711
; or
(g) a common carrier while engaged in the regular and ordinary transport of firearms as
merchandise.
(2) Notwithstanding Subsection (1), the provisions of Section 
76-10-528
 apply to any
individual listed in Subsection (1) who is not employed by a state or federal agency or political
subdivision that has adopted a policy or rule regarding the use of dangerous weapons.
(3) Subsections 
76-10-504
(1) and (2), and Section 
76-10-505
 do not apply to:
(a) an individual to whom a permit to carry a concealed firearm has been issued:
(i) pursuant to Section 
53-5-704
; or
(ii) by another state or county; or
(b) a person who is issued a protective order under Subsection 
78B-7-603
(1)(b) or
78B-7-404
(1)(b), unless the person is a restricted person as described in Subsection
76-10-503
(1), for a period of 120 days after the day on which the person is issued the
protective order.
(4) Except for Sections 
76-10-503
, 
76-10-506
, 
76-10-508
, and 
76-10-508.1
, this part
and Title 53, Chapter 5, Part 7, Concealed Firearm Act, do not apply to a nonresident traveling
in or though the state, provided that any firearm is:
(a) unloaded; and
(b) securely encased as defined in Section 
76-10-501
.
(5) Subsections 
76-10-504
(1) and (2), and 
76-10-505
(1)(b) do not apply to a person 21
years old or older who may otherwise lawfully possess a firearm.