No. 39091 (New Rule): Rule R722-380. Firearm Background Check Information

(New Rule)

DAR File No.: 39091
Filed: 01/23/2015 06:33:29 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is established to outline procedures for inquiry into denial of a firearm purchase, for law enforcement evidence release, and for background checks for National Firearms Act (NFA) firearms.

Summary of the rule or change:

This rule is established to outline procedures for: 1) inquiry into denial of a firearm purchase; 2) law enforcement evidence release; and 3) background checks for NFA firearms.

State statutory or constitutional authorization for this rule:

• Subsection 76-10-526(11)

Anticipated cost or savings to:

the state budget:

No aggregate anticipated cost or savings to the state budget. This rule addresses the procedures for: 1) inquiry into denial of a firearm purchase; 2) law enforcement evidence release; and 3) background checks for NFA firearms. This rule will not affect the state budget nor are there any anticipated costs or savings.

local governments:

No aggregate anticipated cost or savings to local government. This rule addresses the procedures for: 1) inquiry into denial of a firearm purchase; 2) law enforcement evidence release; and 3) background checks for NFA firearms. This rule will not affect local government nor are there any anticipated costs or savings.

small businesses:

No aggregate anticipated cost or savings to small businesses. This rule addresses the procedures for: 1) inquiry into denial of a firearm purchase; 2) law enforcement evidence release; and 3) background checks for NFA firearms. This rule will not affect small businesses nor are there any anticipated costs or savings.

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

No aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities. This rule addresses the procedures for: 1) inquiry into denial of a firearm purchase; 2) law enforcement evidence release; and 3) background checks for NFA firearms. This rule will not affect persons other than small businesses, businesses, or local government entities nor are there any anticipated costs or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons as this addresses procedures for: 1) inquiry into denial of a firearm purchase; 2) law enforcement evidence release; and 3) background checks for NFA firearms.

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

This should not have any particular effect on businesses as this addresses procedures for: 1) inquiry into denial of a firearm purchase; 2) law enforcement evidence release; and 3) background checks for NFA firearms.

Keith D. Squires, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division 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]

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:

03/17/2015

This rule may become effective on:

03/24/2015

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. 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 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.

 

R722-380-4. 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.

 

R722-380-5. 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, the bureau shall conduct a thorough background investigation as provided in Utah Code Ann. Section 76-10-526.

(c) 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: 2015

Authorizing, and Implemented or Interpreted Law: 53-10-201; 76-10-526(11); 76-10-526; 76-10-503; 76-10-501

 

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