No. 30371: R722-300. Concealed Firearm Permit Rule

DAR File No.: 30371
Filed: 08/28/2007, 04:36
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this emergency rule is to bring the Bureau of Criminal Identification (BCI) into compliance with the statutory requirements of Section 53-5-704.

Summary of the rule or change:

This emergency rulemaking clarifies the necessity and scope of the background check required in Subsection R722-300-4(D). At Subsection R722-300-6(B), the change removes the possibility to use a hunting permit by nonresident aliens to apply for a concealed weapons permit. A new Section R722-300-4a is added which outlines the qualification necessary to purchase and possess a firearm. (DAR NOTE: A corresponding proposed amendment is under DAR No. 30379 is this issue, September 15, 2007, of the Utah State Bulletin.)

State statutory or constitutional authorization for this rule:

Section 53-5-704

Anticipated cost or savings to:

the state budget:

There will be no net costs to the state budget. Any loss of revenue from permits no longer issued will be recouped in time saved from processing fewer permit applications.

local governments:

Local government does not issue concealed weapons permits, thus is not affected by this emergency rule.

small businesses and persons other than businesses:

Individuals, not small businesses or other persons, apply for permits. There is no monetary cost or savings for individuals. The emergency rule tightens application conditions only.

Compliance costs for affected persons:

Individuals, not other persons, apply for permits. There is no monetary cost or savings for individuals. The emergency rule tightens application conditions only.

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

There will be no additional cost to any party or to the Department. Scott T. Duncan, Commissioner

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Currently BCI is issuing concealed weapon permits to nonresident aliens upon submission of a hunting permit but without the required background check. This is not in consonance with Section 53-5-704.

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:

Richard D. Wyss at the above address, by phone at 801-965-4794, by FAX at 801-366-0221, 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:

This rule is effective on:

08/28/2007

Authorized by:

Scott T Duncan, Commissioner

RULE TEXT

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

R722-300. Concealed Firearm Permit Rule.

R722-300-4. Application For a Concealed Firearm Permit.

A. Application for a permit to carry a concealed firearm shall be made in writing to the Division on forms provided by the Division. An application package shall include:

1. a completed application form;

2. proof that the applicant is 21 years of age or older at the time application is made;

3. evidence of general familiarity with the types of firearms to be concealed, verified by a signed certificate from an approved firearms instructor;

4. one recent color photograph of passport quality, and

5. one completed fingerprint card.

B. An applicant shall pay a non-refundable processing fee of $59.00 at the time the application is filed. This fee consists of $35.00 mandated by Section 53-5-707 and a $24.00 Federal Bureau of Investigation finger print processing fee. Payment may be in the form of cash, check, money order, or credit card. The Division is not responsible for cash lost in the mail.

C. An applicant may request an interview prior to submitting the application. The Division may require an interview subsequent to the submission of the application.

D. A background investigation shall be conducted on all applicants to determine if they are of good character as required by Section 53-5-704. [The]A background investigation shall consist of the following:

1. [v]Verifying the accuracy of the application information;

2. In order to be eligible to receive a Utah concealed firearm permit, the Division must be able to check[ing] each and every[the] applicant's criminal history through local, state and national computer files which includes a background check of each of the following items (a) through (i). If the Division is unable to do a background check of each of the following items (a) through (i), or if information regarding criminal activity of an applicant is not available in the following items (a) through (i) the applicant shall not be eligible to receive a Utah concealed firearm permit.[:]

a. Utah computerized criminal history;

b. national crime information center (NCIC);

c. Utah law enforcement information network;

d. drivers license information;

e. statewide warrants file;

f. criminal justice juvenile files;

g. criminal history expungement system;

h. national instant check system (NICS); and

i. immigration and naturalization service when applicable.

3. The fingerprint cards will be sent to the FBI for a review of the applicant's criminal history record pursuant to Sections 53-5-704 and 706.

E. The Division will review all the above information and approve or deny the application.

1. Notice of approval may be given by telephone or in writing.

2. Notice of denial shall be given in writing and shall state the reasons for denial.

F. Renewal of a permit to carry a concealed firearm is required every five years.

1. The renewal form is available from the Division or on the Bureau website.

2. A renewal applicant shall pay a non-refundable fee of $10.00 as required by Section 53-5-707. Payment shall be in the form of cash, check, money order, or credit card. The Division is not responsible for cash lost in the mail.

G. A law enforcement officer as defined under Section 53-13-103 who has honorably retired from full-time employment within five years of making application shall be exempt from the following requirements:

1. one set of fingerprints.

 

R722-300-4a. Qualification to Purchase and Possess a Firearm.

For purposes of Subsection 53-5-704(2)(a)(viii), an applicant is qualified to purchase and possess a firearm, pursuant to Section 76-10-503 and federal law, if the applicant is qualified to purchase a firearm from a licensed federal firearms dealer and take immediate possession of the firearm in the State of Utah or another state once all federal and state requirements for purchase have been completed.

 

R722-300-6. Non-Resident and Non-U.S. Citizen Concealed Firearm Permit Applicants.

[A. ]Non-resident and Non-U.S. citizen applicants for a concealed firearm permit will be subject to the same application process and requirements as in-state applicants.

[ B. Non-U.S. citizen applicants must show proof of a hunting permit and or must meet standards of Federal Firearm Regulation.

]

KEY: concealed firearm permit

Date of Enactment or Last Substantive Amendment: August 28, 2007

Notice of Continuation: January 28, 2003

Authorizing, and Implemented or Interpreted Law: 53-5-704; 63-46b