As in effect on April 1, 2008
The purpose of this rule is to set forth the process whereby the Criminal Investigations and Technical Services Division administers the Concealed Weapons Act in accordance with Title 53, Chapter 5, Part 7.
This rule is authorized by Subsection 53-5-704(17).
Terms used in this rule shall be defined as follows:
A. "Affidavit" means a written statement made under oath before a notary public.
B. "Approved firearms instructor" means a person approved by the Division who can certify that an applicant meets the general firearm familiarity requirement of Subsection 53-5-704(8)(a) and is an instructor who is certified pursuant to Section R722-300-13.
C. "Board" means the Concealed Weapons Review Board referred to in Section 53-5-703.
D. "Concealed" means that which is covered, hidden, or secreted in a manner that the public would not be aware of its presence and is readily accessible for immediate use.
E. "Crime of violence" means any crime involving: interference with police officer; fleeing; resisting arrest; failure to obey police officer; obstruction of justice;
F. "Division" means the Criminal Investigations and Technical Services Division of the Utah Department of Public Safety.
G. "Domestic violence" means any of the crimes listed in Subsection 77-36-1(2) when committed by one intimate partner against another.
H. "Equivalent experience with a firearm through participation in law enforcement" means experience showing that the applicant has within the last five years met the firearms requirement of his/her department as evidenced by verifiable documentation from his/her department.
I. "Equivalent experience with a firearm through participation in the military" means experience showing that the applicant has within the last five years successfully met the firearms requirements of his/her military organization as evidenced by verifiable documentation from his/her military organization, provided that such training meets the requirements of Subsection 53-5-704(8)(a).
J. "Equivalent experience with a firearm through participation in an organized shooting competition" means experience showing that the applicant has within the last five years competed in an organized shooting competition as evidenced by verifiable documentation from the organization sanctioning or conducting the organized shooting competition, provided the organized shooting competition meets the requirements of Subsection 53-5-704(8)(a).
K. "Felony" means any criminal conduct other than those crimes defined as misdemeanors or infractions by the statutes of this state. It also includes any criminal conduct that is punishable by more than one year in prison by a federal statute, or by the statute of some other state.
L. "Mitigating circumstances" means circumstances which reduce culpability for purposes of assessing good character.
M. "Moral turpitude" means a conviction for criminal conduct under the statutes of this state or any other jurisdiction involving any of the following offenses:
1. theft;
2. fraud;
3. tax evasion;
4. issuing bad checks;
5. robbery; or aggravated robbery;
6. interference with police officer;
7. fleeing; resisting arrest; failure to obey police officer;
8. obstruction of justice;
9. bribery;
10. perjury;
11. extortion;
12. arson or aggravated arson;
13. criminal mischief;
14. falsifying government records;
15. forgery;
16. receiving stolen property;
17. firearms violations;
18. burglary or aggravated burglary;
19. vandalism;
20. kidnaping, aggravated kidnaping, or child kidnaping;
21. crimes involving unlawful sexual conduct as described in Title 76, Chapter 5, Part 4, Chapter 5a, Chapter 7, Part 1, and Chapter 10, Part 13; Chapter 9, Part 702-702.5, indecent exposure or public urination may result in revocation, suspension or denial, and
22. violations of the pornographic and harmful materials and performances act, as defined in Title 76, Chapter 10, Part 12.
N. "Offenses involving the use of alcohol" means any of the following offenses:
1. any violation of Sections 41-6-44 through 41-6-44.20; including alcohol related reckless driving,
2. violations of Title 32A, Chapter 12, Part 2 involving the illegal use or consumption of an alcoholic beverage; and
3. a violation of Section 76-10-528.
O. "Offenses involving the use of narcotics" means any offense involving the use, possession, manufacturing or distribution of any narcotic or drug as defined in Title 58, Chapter 37, 37a, 37b, 37c, 37d, and 37e or a violation of Section 76-10-528.
P. "Past pattern of behavior" means verifiable incidents, with or without an arrest or conviction, that would lead a reasonable person to believe that an individual has a violent nature and would be a danger to themselves or others.
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. A background investigation shall consist of the following:
1. 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 each and every 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.
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.
A. To be eligible to obtain a temporary permit to carry a concealed firearm, as provided for in Section 53-5-705, an applicant must:
1. apply for a permit under Section 53-5-704;
2. apply for a temporary permit under Section 53-5-705;
3. demonstrate good character; and
4. prove to the satisfaction of the Division extenuating circumstances justifying the need for a temporary permit.
B. Provisions regarding denial, suspension or revocation of a temporary permit are set forth in Section R722-300-11.
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.
A. Application for a certificate of qualification shall be made in writing to the Division on forms provided by the Division and will be subject to the same application requirements as concealed firearm permit applicants set forth in Section R722-300-4. The applicant must also provide proof to the satisfaction of the Division that they are a law enforcement official or judge as defined in Section 53-5-711.
B. A certificate of qualification will act as identification to verify that the holder is exempt from weapons laws in accordance with Section 76-10-523.
Training requirements for obtaining a certificate of qualification, as set forth in Subsection 53-5- 711(2)(b), will be established by the commissioner. A copy of the training requirements will be available in the Division office upon request. The commissioner may make changes or additions to the training requirements as needed. It is the responsibility of the applicant to acquire the training through their agency.
Proof of annual requalification must be submitted to the Division, in writing, no earlier than November 1 and no later than November 30 of each year. If an applicant has received an initial certificate of qualification after August 1, requalification will not be required until the following year. Failure to provide proof of annual requalification by November 30 of each year will result in revocation of the certificate of qualification.
A certificate of qualification holder who resigns or is terminated from their position must notify the Division within six months after leaving their position. If the holder obtains other employment as a Law Enforcement Official or Judge within the six month period, the Division will allow the certificate of qualification to remain current provided the holder has not committed an offense that is grounds for revocation under Title 53 Chapter 5 Part 7. If a holder of a certificate of qualification has not obtained another position as a Law Enforcement Official or Judge, the certificate of qualification will be revoked and a concealed firearm permit will be issued provided the holder has not committed an offense that is grounds for revocation under Title 53 Chapter 5 Part 7.
A concealed firearm permit or certificate of qualification may be denied, suspended or revoked for any of the reasons set forth in Subsections 53-5-704 (3)(a) and (c), or for failure to maintain good character as defined in Subsection 53-5-704(2).
When a concealed firearm permit holder or certificate of qualification holder is stopped for questioning by a peace officer based on reasonable suspicion in accordance with Section 77-7-15 and the holder has a concealed firearm in his/her possession, the holder shall immediately advise the peace officer that he/she is a lawful holder and has a concealed firearm in his/her possession.
A. The Division will certify concealed firearm permit instructors as provided for in Section 53-5- 704.
B. "Approved firearms instructor" means a person approved by the Division who can certify that an applicant meets the general firearm familiarity requirement of Subsection 53-5-704(8)(a) and is an instructor who is certified pursuant to Section R722-300-13.
C. Application to become a concealed firearm permit instructor shall be made in writing to the Division on forms provided by the Division. The application shall include:
1. a completed application form;
2. evidence that the applicant has completed a firearms instructor training program sponsored by the National Rifle Association (NRA), or Peace Officer Standards and Training, or a program equivalent thereto; and
3. a notarized release of information form.
D. A concealed firearm permit instructor applicant shall pay a non-refundable fee of $5.00. 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.
E. A concealed firearm permit instructor shall provide the Division with a current NRA certification certificate every 3 years or as renewed by the NRA. NRA instructor certification must be current.
F. The applicant must submit with the application a copy of a course of instruction that meets the course content requirements established by the Division as required by Subsection 53-5-704(8)(a).
G. The applicant must meet the good character requirements set forth in Subsections 53-5-704(2)(a) through (h).
A. The Division will certify certificate of qualification instructors as provided for in Subsection 53-5-711(4)(c). An applicant for a certificate of qualification instructor shall:
1. be certified as a firearms instructor by Peace Officer Standards and Training;
2. make a written request to the Division for approval;
3. meet the good character requirements set forth in Subsections 53-5-704(2)(a) through(h); and
4. demonstrate to the satisfaction of the Division that their approval would provide a benefit to the training program.
B. The number of certificate of qualification instructors approved by the Division will be limited to the needs of the program.
A. Approval as a concealed firearm permit instructor or certificate of qualification instructor may be denied, suspended or revoked for any of the following reasons:
1. failing to meet the requirements of Sections R722-300-13 or 14;
2. failing to teach from an approved course of instruction;
3. failing to maintain records verifying that an applicant has passed a required course of instruction; or
4. knowingly and wilfully providing false information to the Division.
A. The purpose of this section is to define access to concealed firearm permit and certificate of qualification records in accordance with Title 63, Chapter 2, and Subsection 53-5-708(1).
B. Except as provided in Subsection 53-5-708(1), information supplied to the Division by an applicant shall be considered "private" in accordance with Subsection 63-2-302(2)(d).
C. Information gathered by the Division and placed in the applicant's file shall be considered "protected" in accordance with Subsections 63-2-304(8)and(9). However, if such information is used as the basis for denial of a concealed firearm permit or certificate of qualification, such information shall be considered "private" in accordance with Subsection 63-2-302(2)(d) and the applicant shall have access to it in accordance with Subsection 53-5-704(16)(c).
A. Any applicant denied a concealed firearm permit or certificate of qualification may request a hearing before the board by filing an appeal to the Division within 60 days from the date the notice of denial is issued. This appeal process also applies to a concealed firearm permit holder or certificate of qualification holder whose concealed firearm permit or certificate of qualification has been suspended or revoked.
B. Board hearings will be conducted informally in accordance with Section 63-46b-5.
C. Board decisions shall be issued within 30 days from the date of the hearing in accordance with Subsection 53-5-704(16)(e) and shall comply with the requirements of Subsection 63-46b-5(1)(i).
D. In accordance with Section 63-46b-11 the board may enter a default order against any party who fails to participate in a hearing.
E. Judicial review of all final actions resulting from informal adjudicative proceedings is available pursuant to Section 63-46b-15.
F. Denial, suspension, or revocation of a temporary permit is not appealable to the board.
G. A concealed firearm permit instructor or certificate of qualification instructor has the same appeal rights as set forth in this section for concealed firearm permit holders and certificate of qualification holders.
concealed firearm permit
October 22, 2007
January 28, 2003
53-5-704; 63-46b
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