No. 42260 (Amendment): Rule R722-380. Firearm Background Check Information

(Amendment)

DAR File No.: 42260
Filed: 10/23/2017 01:13:04 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add verbiage for the overturn of a denial due to bureau error must be within 30 days of the original background check and to clarify and update procedures on background checks for National Firearms Act (NFA) firearms.

Summary of the rule or change:

This amendment adds language to clarify that the overturn of a denial due to bureau error must be within 30 days of the original background check. This amendment clarifies and updates procedures on background checks for NFA firearms. The language in Subsection R722-380-6(2) has been removed because it is no longer needed. The applicant is no longer required to take the paperwork to the chief law enforcement officer as a result of a Bureau of Alcohol, Tobacco and Firearms (ATF) ruling dated 07/03/2016.

Statutory or constitutional authorization for this rule:

• Section 53-10-201
• Section 76-10-526
• Section 76-10-503
• Section 76-10-501

Anticipated cost or savings to:

the state budget:

There will be no aggregate anticipated cost or savings to the state budget because the proposed change only clarifies and updates procedures on background checks for NFA firearms and adds language to clarify that the overturn of a denial due to bureau error must be within 30 days of the original background check.

local governments:

There will be no aggregate anticipated cost or savings to local governments because the proposed change only clarifies and updates procedures on background checks for NFA firearms and adds language to clarify that the overturn of a denial due to bureau error must be within 30 days of the original background check.

small businesses:

There will be no aggregate anticipated cost or savings to small businesses because the proposed change only clarifies and updates procedures on background checks for NFA firearms and adds language to clarify that the overturn of a denial due to bureau error must be within 30 days of the original background check.

persons other than small businesses, businesses, or local governmental entities:

There will be no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the proposed change only clarifies and updates procedures on background checks for NFA firearms and adds language to clarify that the overturn of a denial due to bureau error must be within 30 days of the original background check.

Compliance costs for affected persons:

There will be no compliance costs for affected persons because the proposed change only clarifies and updates procedures on background checks for NFA firearms and adds language to clarify that the overturn of a denial due to bureau error must be within 30 days of the original background check.

Comments by the department head on the fiscal impact the rule may have on businesses:

I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: Overturn of a denial if the following conditions are met: 1) denial done in error by the bureau; and 2) must be brought to attention within 30 days of the original background check. A background check will be completed by the bureau, upon the request of a dealer, for an NFA firearm which includes silencers, suppressors, fully automatic weapons, and short-barrelled shotguns and rifles. The cost of the background check ($7.50) is currently billed to the dealer requesting the check, and applications submitted prior to 07/03/2016 are not subject to an additional background check fee ($7.50). II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: Ten or fewer (50 plus employees -- Cabela's, Sportsman's Warehouse, Walmart, etc.) III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: Approximately 800 FFLs (Federal Firearms Licensees) with less than 50 employees, most have one or two employees. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: There will be small savings to small businesses as: 1) the process to get an NFA firearm has been simplified by the ATF, the process that an employee must go through has been streamlined, and the delays have been shortened creating a savings in employees time; and 2) the cost for the background check will be the responsibility of the purchaser and not the small business (a one-time cost). V. DEPARTMENT HEAD?S COMMENTS ON THE ANALYSIS (RATHER THAN THE IMPACT): The above analysis represents the Department of Public Safety's perspective regarding the fiscal impact this rule amendment will have on businesses.

Keith D. Squires, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Public Safety
Criminal Investigations and Technical Services, Criminal Identification
3888 W 5400 S
TAYLORSVILLE, UT 84118

Direct questions regarding this rule to:

• Alice Moffat at the above address, by phone at 801-965-4939, by FAX at 801-965-4944, or by Internet E-mail at [e-mail]
• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2017

This rule may become effective on:

12/22/2017

Authorized by:

Alice Moffat, Bureau Chief

RULE TEXT

R722. Public Safety, Criminal Investigations and Technical Services, Criminal Identification.

R722-380. Firearm Background Check Information.

R722-380-1. Authority.

This rule is authorized by Subsection 76-10-526(11).

 

R722-380-2. Definitions.

(1) "Bureau" means the Utah Bureau of Criminal Identification within the Department of Public Safety established by Section 53-10-201.

(2) "Firearm dealer" means any firearm dealer who is licensed as defined in [Utah Code Ann. ]Subsection 76-10-501(7).

(3) "NFA firearm" means a National Firearms Act firearm defined in Title 26 Section 5845 of the United States Code.

 

R722-380-3. Verification of Identification.

(1) For purposes of a criminal history background check as established in Section 76-10-526, the only form of photo identification the bureau shall accept is a driver license or identification card that may be accessed through the issuing state's database and verified as a valid form of identification.

 

R722-380-4. Inquiring Into Denial of Firearm Purchase.

(1)(a) An individual who has been denied the purchase of a firearm by the bureau may inquire why he or she was denied such a purchase by submitting a completed Request for Denial/Research Information form.

(b) The individual may have such denial information released to a third party by submitting a completed Third Party Release Form with a completed Request for Denial/Research Information form.

(2)(a) Within a reasonable time after receiving the completed request form, the [B]bureau shall release denial information regarding why the individual has been denied the purchase of a firearm, which shall be mailed, e-mailed, or faxed to the individual at the address, e-mail address, or fax number indicated on the request form.

(3)(a) A denial of the purchase of a firearm by the bureau may not be overturned except if the denial was done in error by the bureau and no longer than 30 days has passed from the date of the initial background check.

 

R722-380-5. Law Enforcement Evidence Release.

(1)(a) A law enforcement agency seeking to obtain background clearance information from the bureau prior to releasing a firearm from custody must submit a completed Law Enforcement Evidence Release Form by mail or fax.

(b) Upon receipt of a completed Law Enforcement Evidence Release Form, the bureau shall conduct a thorough background investigation to determine whether the individual, to whom the firearm will be released, meets the requirements to possess a firearm established under [Utah Code Ann.] Section 76-10-503 and Title 18 Section 922 of the United State Code.

(c) Upon completion of the background investigation, the bureau shall notify the law enforcement agency by fax or telephone, at the number indicated on the release form, whether the individual, to whom the firearm will be released, may possess a firearm.

 

R722-380-6. Procedures on Background Checks for NFA Firearms.

(1)(a) An applicant seeking to transfer or register an NFA firearm according to Title 26 Chapter 53 of the United States Code must complete the Bureau of Alcohol, Tobacco, Firearms, and Explosives Application for Tax Paid Transfer and Registration of Firearm form and submit to a background check by the bureau as provided in [Utah Code Ann.] Section 76-10-526.

(b) [Upon receipt of a request from a firearm dealer to perform the background check, t]The bureau shall conduct a thorough background investigation as provided in [Utah Code Ann. ]Section 76-10-526 on the individual receiving the NFA firearm upon receipt of a request from a firearm dealer to perform the background check.

(c) Applications initiated prior to July 3, 2016, are not subject to an additional background fee provided under Section 76-10-526 at the time of receiving the NFA firearm from the firearm dealer.[Once the background check is complete, the Bureau shall provide a transaction number to the firearm dealer.

(2)(a) After the transaction number has been provided by the bureau, the applicant must submit the Application for Tax Paid Transfer and Registration of Firearm to the Chief Law Enforcement Officer within 20 days in order to verify that a background check has been completed by the bureau.

(b) If the Application for Tax Paid Transfer and Registration of Firearm is not submitted to the Chief Law Enforcement Officer within 20 days after the transaction number has been provided, the individual must re-submit to a background check as provided in Section 76-10-503 to obtain a new transaction number from the bureau.]

 

KEY: firearm purchases, firearm releases, firearm denials, firearm background check information

Date of Enactment or Last Substantive Amendment: [July 22, 2015]2017

Authorizing, rand Implemented or Interpreted Law: 53-10-201; 76-10-526; [ 76-10-526; ]76-10-503; 76-10-501

---