Utah Administrative Code
Topic - Public Safety
Title R722 - Criminal Investigations and Technical Services, Criminal Identification
Rule R722-300 - Concealed Firearm Permit and Instructor Rule
Section R722-300-4 - Application for a Permit to Carry a Concealed Firearm
Universal Citation: UT Admin Code R 722-300-4
Current through Bulletin 2024-06, March 15, 2024
(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:
(A) 60 days prior to the applicant's date of
permit eligibility; or
(B) 90 days
prior a provisional permit holder's 21st birthday.
(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 that contains the applicant's name written on the back of the
photograph, unless the applicant submitted a photo that 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 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
53-5-704(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 that may include 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;
(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).
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