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Utah Administrative Code (Current through November 1, 2019) |
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R722. Public Safety, Criminal Investigations and Technical Services, Criminal Identification |
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R722-380. Firearm Background Check Information |
| R722-380-1. Authority |
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Latest version.
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This rule is authorized by Subsection 76-10-526(11). |
| R722-380-2. Definitions |
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Latest version.
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(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 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 |
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Latest version.
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(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 |
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Latest version.
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(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. (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 |
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Latest version.
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(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 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 |
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Latest version.
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(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 Section 76-10-526. (b) The bureau shall conduct a thorough background investigation as provided in 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. |