76-10-526 - Criminal background check prior to purchase of a firearm -- Fee -- Exemption for concealed firearm permit holders.
76-10-526. Criminal background check prior to purchase of a firearm -- Fee --Exemption for concealed firearm permit holders.
(1) For purposes of this section, "valid permit to carry a concealed firearm" does notinclude a temporary permit issued pursuant to Section 53-5-705.
(2) (a) To establish personal identification and residence in this state for purposes of thispart, a dealer shall require an individual receiving a firearm to present one photo identification ona form issued by a governmental agency of the state.
(b) A dealer may not accept a driving privilege card issued in accordance with Section53-3-207 as proof of identification for the purpose of establishing personal identification andresidence in this state as required under this Subsection (2).
(3) A criminal history background check is required for the sale of a firearm by alicensed firearm dealer in the state.
(4) (a) An individual, except a dealer, purchasing a firearm from a dealer shall consent inwriting to a criminal background check, on a form provided by the bureau.
(b) The form shall contain the following information:
(i) the dealer identification number;
(ii) the name and address of the individual receiving the firearm;
(iii) the date of birth, height, weight, eye color, and hair color of the individual receivingthe firearm; and
(iv) the Social Security number or any other identification number of the individualreceiving the firearm.
(5) (a) The dealer shall send the form required by Subsection (4) to the bureauimmediately upon its completion.
(b) A dealer may not sell or transfer a firearm to an individual until the dealer hasprovided the bureau with the information in Subsection (4) and has received approval from thebureau under Subsection (7).
(6) The dealer shall make a request for criminal history background information bytelephone or other electronic means to the bureau and shall receive approval or denial of theinquiry by telephone or other electronic means.
(7) When the dealer calls for or requests a criminal history background check, the bureaushall:
(a) review the criminal history files, including juvenile court records, to determine if theindividual is prohibited from purchasing, possessing, or transferring a firearm by state or federallaw;
(b) inform the dealer that:
(i) the records indicate the individual is so prohibited; or
(ii) the individual is approved for purchasing, possessing, or transferring a firearm;
(c) provide the dealer with a unique transaction number for that inquiry; and
(d) provide a response to the requesting dealer during the call for a criminal background,or by return call, or other electronic means, without delay, except in case of electronic failure orother circumstances beyond the control of the bureau, the bureau shall advise the dealer of thereason for the delay and give the dealer an estimate of the length of the delay.
(8) (a) The bureau may not maintain any records of the criminal history backgroundcheck longer than 20 days from the date of the dealer's request if the bureau determines that theindividual receiving the gun is not prohibited from purchasing, possessing, or transferring the
firearm under state or federal law.
(b) However, the bureau shall maintain a log of requests containing the dealer's federalfirearms number, the transaction number, and the transaction date for a period of 12 months.
(9) If the criminal history background check discloses information indicating that theindividual attempting to purchase the firearm is prohibited from purchasing, possessing, ortransferring a firearm, the bureau shall inform the law enforcement agency in the jurisdictionwhere the person resides.
(10) If an individual is denied the right to purchase a firearm under this section, theindividual may review the individual's criminal history information and may challenge or amendthe information as provided in Section 53-10-108.
(11) The bureau shall make rules as provided in Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, to ensure the identity, confidentiality, and security of all recordsprovided by the division pursuant to this part are in conformance with the requirements of theBrady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
(12) (a) (i) A dealer shall collect a criminal history background check fee related to thesale of a firearm under this section, which is $7.50.
(ii) This fee remains in effect until changed by the bureau through the process underSection 63J-1-504.
(b) (i) The dealer shall forward at one time all fees collected for criminal historybackground checks performed during the month to the bureau by the last day of the monthfollowing the sale of a firearm.
(ii) The bureau shall deposit the fees in the General Fund as dedicated credits to coverthe cost of administering and conducting the criminal history background check program.
(13) An individual with a concealed firearm permit issued pursuant to Title 53, Chapter5, Part 7, Concealed Firearm Act, is exempt from the background check and corresponding feerequired in this section for the purchase of a firearm if:
(a) the individual presents the individual's concealed firearm permit to the dealer prior topurchase of the firearm; and
(b) the dealer verifies with the division that the individual's concealed firearm permit isvalid.
Amended by Chapter 62, 2010 General Session