Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 226 Third Substitute (2023GS)

Sponsor

Rep. Maloy, A. Cory

Final action

Governor Signed 3/20/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• directs the Bureau of Criminal Identification to create an online process that allows an individual involved in the sale of a firearm to determine if the other party to the sale has a valid concealed carry permit or the firearm has been reported as stolen; and
• includes a sunset date.

Every vote on this bill

Bill text

SALE OF A FIREARM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: A. Cory Maloy
Senate Sponsor: 
Jacob L. Anderegg
LONG TITLE
General Description:
This bill addresses the sale of a firearm.
Highlighted Provisions:
This bill:
▸ directs the Bureau of Criminal Identification to create an online process that allows
an individual involved in the sale of a firearm to determine if the other party to the
sale has a valid concealed carry permit or the firearm has been reported as stolen;
and
▸ includes a sunset date.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63I-1-276
, as last amended by Laws of Utah 2019, Chapters 136, 440
ENACTS:
76-10-526.1
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63I-1-276
 is amended to read:
63I-1-276.
Repeal dates: Title 76.
Section 
76-10-526.1
, relating to an information check before the private sale of a
firearm, is repealed July 1, 2025.
Section 2. Section 
76-10-526.1
 is enacted to read:
 76-10-526.1.
Information check before private sale of firearm.
(1) As used in this section:
(a) "Governmental entity" means the state and the state's political subdivisions.
(b) "Law enforcement agency" means the same as that term is defined in Section
53-1-102
.
(c) "Personally identifiable information" means the same as that term is defined in
Section 
63D-2-102
.
(2) Subject to Subsections (3) and (4), the bureau shall create an online process that
allows an individual who is selling or purchasing a firearm to voluntarily determine:
(a) if the other individual involved in the sale of the firearm has a valid concealed carry
permit; or
(b) based on the serial number of the firearm, if the firearm is reported as stolen.
(3) Subsection (2) does not apply to a federal firearms licensee or dealer.
(4) The bureau may not:
(a) provide information related to a request under Subsection (2) to a law enforcement
agency; or
(b) collect a user's personally identifiable information under Subsection (2).
(5) A governmental entity may not require an individual who is selling or purchasing a
firearm to use the process under Subsection (2).
(6) If an individual uses the process under Subsection (2), the individual is not
required, based on the information the individual receives from the bureau, to make a report to
a law enforcement agency.
(7) After responding to a request under Subsection (2), the bureau shall immediately
dispose of all information related to the request.
(8) (a) This section does not create a civil cause of action arising from the sale or
purchase of a firearm under this section.
(b) An individual's failure to use the process under Subsection (2) is not evidence of
the individual's negligence in a civil cause of action.
Section 3. 
Effective date.
This bill takes effect on July 1, 2023.