R722-300-4. Application for a Permit to Carry a Concealed Firearm

  (1)(a) An applicant seeking to obtain a permit shall submit a completed permit application packet to the bureau.

  (i) The bureau may not accept an application more than 60 days prior to the applicant's date of permit eligibility.

  (b) The permit application packet shall include:

  (i) a written application form provided by the bureau with the address of the applicant's permanent residence;

  (ii) a photocopy of a state-issued driver license or identification card;

  (iii) one recent color photograph of passport quality which contains the applicant's name written on the back of the photograph, unless the applicant submitted a photo which meets these requirements to the bureau within the previous three years;

  (iv) one completed FBI applicant fingerprint card (Form FD-258) with the applicant's legible fingerprints;

  (v) non-refundable fees as required under Sections 53-5-707, 53-5-707.5, and 53-10-108, and a fee for services provided by the FBI to conduct a federal background check as provided in Subsections 53-5-707(6)(a) and 53-5-707.5(4)(a), in the form of cash, check, money order, or credit card;

  (vi) evidence indicating that the applicant has general familiarity with the types of firearms to be concealed as required by Subsection 53-5-704(6)(d);

  (vii) any mitigating information that the applicant wishes the bureau to consider when determining whether the applicant meets the qualifications set forth in Subsection 53-5-704(2)(a); and

  (viii) a copy of the applicant's current concealed firearm or weapon permit or provisional concealed firearm or weapon permit issued by the applicant's state of residency pursuant to Subsections 53-5-704(4)(a) and 53-5-704.5(3)(a), unless the applicant is an active duty service member who presents orders requiring the active duty service member to report for duty in Utah or an active duty service member spouse who presents the active duty service member's orders requiring the service member to report for duty in Utah.

  (2) An applicant may establish evidence of general familiarity with the types of firearms to be concealed as required in Subsection 53-5-704(6)(d) by submitting a signed certificate, issued within one year of the date of the application, bearing a certified firearms instructor's official seal, certifying that the applicant has completed the required firearms course of instruction established by the bureau.

  (3) If the applicant is employed as a law enforcement officer, the applicant:

  (a) may not be required to pay the application fee; and

  (b) may establish evidence of general familiarity with the types of firearms to be concealed as required in Subsection 53-5-704(6)(d) by submitting documentation from a law enforcement agency located within the state of Utah indicating that the applicant has successfully completed the firearm qualification requirements of that agency within the last five years.

  (4)(a) Upon receipt of a complete permit application packet, the bureau shall conduct a thorough background investigation to determine if the applicant meets the requirements found in Subsections 53-5-704(2) and (3).

  (b) The background investigation shall consist of the following:

  (i) sending the fingerprint card to the FBI for a review of the applicant's criminal history record pursuant to Section 53-5-706; and

  (ii) verifying the accuracy of the information provided in the application packet through a search of local, state and national records which may include, but is not limited to, the following:

  (A) the Utah Computerized Criminal History database;

  (B) the National Crime Information Center database;

  (C) the Utah Law Enforcement Information Network;

  (D) state driver license records;

  (E) the Utah Statewide Warrants System;

  (F) juvenile court criminal history files;

  (G) expungement records maintained by the bureau;

  (H) the National Instant Background Check System;

  (I) the Utah Gun Check Inquiry Database;

  (J) Immigration and Customs Enforcement records; and

  (K) Utah Department of Corrections Offender Tracking System; and

  (L) the Mental Gun Restrict Database.

  (5)(a) If the background check indicates that an applicant does not meet the qualifications set forth in Subsection 53-5-704(2)(a), the bureau shall consider any mitigating circumstances submitted by the applicant.

  (b) If the applicant does not meet the qualifications set forth in Subsection 53-5-704(2)(a) because the applicant has been convicted of a crime, the bureau may find that mitigating circumstances exist if the applicant was not convicted of a registerable sex offense, as defined in Subsection 77-41-102(17) and the following time periods have elapsed from the date the applicant was convicted or released from incarceration, parole, or probation, whichever occurred last:

  (i) five years in the case of a class A misdemeanor;

  (ii) four years in the case of a class B misdemeanor; or

  (iii) three years in the case of any other misdemeanor or infraction.

  (c) Notwithstanding any other provision, the bureau may not grant a permit if the applicant does not meet the qualifications in Subsection 53-5-704(2)(a)(viii).

  (6)(a) If the bureau determines that the applicant meets the requirements found in Subsections 53-5-704(2) and 53-5-704(3), the bureau shall issue a permit to the applicant within 60 days.

  (b) The permit shall be mailed to the applicant at the address listed on the application.

  (7)(a) If the bureau determines that the applicant does not meet the requirements found in Subsections 53-5-704(2), 53-5-704(3), and 53-5-704(4), the bureau shall mail a letter of denial to the applicant, return receipt requested.

  (b) The denial letter shall state the reasons for denial and indicate that the applicant has a right to request a review hearing before the board by filing a petition for review within 60 days as provided in Subsection 53-5-704(16).