Department of Public Safety

Bureau of Criminal
Identification

Concealed Firearm Permit

Instructor Course
April 2013
 Course Overview
Course Requirements CFP Course Review
Application (CFP & Instructors) General Familiarity
Certification (CFP & Instructors) Minimum Training
Official Seal Curriculum
Problem Areas CFP Training Survey
Permit Flow Chart
Background Checks
Statistics
Disqualifying Criteria
Reciprocity / Recognition
Law Enforcement Contacts Appeals Process
FAQs Utah State Law
CFP Course Review Federal Firearms Regulations
 Bureau Authority
With regard to the concealed firearm and instructor
programs, BCI has statutory authority to supervise and
administer rules and laws that pertain to those programs.
BCI does not have the statutory authority to turn away
instructor applications or put a cap on the number of
instructors.
Any changes in the law, administrative rules, reciprocal
agreements or changes in training requirements to include
a practical shooting exercise would have to be
accomplished through the legislature and/or the Utah
Attorney Generals Office.
 Uniform Law, Weapons
Utah Code Ann. 76-10-500 (2)
This part is uniformly applicable throughout this
state and in all its political subdivisions and
municipalities. All authority to regulate firearms
shall be reserved to the state except where the
Legislature specifically delegates responsibility to
local authorities or state entities. Unless specifically
authorized by the Legislature by statute, a local
authority or state entity may not enact or enforce
any ordinance, regulation, or rule pertaining to
firearms.
 Instructor
Requirements
 Course Requirements
Instructional Course and Test
A concealed firearms instructor, in order to
obtain initial certification or renew a
certification, shall attend an instructional
course and pass a test 53-5-704 (8)(c).
The course shall include instruction on: 53-5-
704 (8)(c)(ii)(B)
Current Utah law related to firearms
Concealed carry statutes and rules
The use of deadly force by private citizens
 Instructor Application
Requirements
What must accompany the application
BCI course certificate
Proof of having completed a firearms instructor training course
from the National Rifle Association (NRA), the Utah Department
of Public Safety, Division of Peace Officer Standards and Training
(P.O.S.T.) or their equivalent (initial application only)
One passport quality photo
Photo copy of driver license
Summary of instruction
Minimum training curriculum
Possess a Utah concealed firearm permit (initial application)
One year deadline all instructor/permit applications must be
submitted to BCI within one year of instructor/CFP course
completion
 Instructor
Certification
Renewal Period
Instructor certification is valid for a three-year
period from the issue date of each initial and
renewal application.
Fees
Each applicant for certification shall pay a fee
of $50.00
The renewal fee for the certificate is $25.00
Certifications expired by more than 30 days
will incur a $7.50 late fee. Applications
received after one year of expiration must
complete the full application process again.
 Instructor
Certification
In addition to the instructor certificate
issued by BCI, instructors are issued a
Utah Concealed Firearm Instructors
identification card
 Utah Certified Instructor
Logo

Certified Instructor
Not employed by BCI or the
State of Utah
 Instructor Seal
Instructors Official Seal
All instructors must obtain an official seal
The seal shall be affixed to all certificates issued by
the instructor
The exact design of the seal is determined by BCI,
but shall include at least the following:
The instructors name, instructor # and the BCI Logo
The words Utah Certified Concealed Firearms Instructor
and State of Utah
Certification expiration date
Instructors business or residence address

53-5-704(10)(iii)(b)The instructor shall destroy the

seal upon revocation or expiration of the instructors
certification
 Instructors Seal

Example of an instructors official seal

Concealed Firearm
Permit Applicant
Requirements
 Common Reasons for
Obtaining a Utah
Concealed Firearm Permit
The ability to carry a firearm fully loaded
The ability to carry a firearm concealed
Waives the $7.50 background check fee for
purchasing a firearm (Utah residents only)
Reciprocity/Recognition with other states
Permit valid for 5 years
Fees

Utah law makes no distinction or defines what

type of firearm a concealed firearm permit
holder can possess or how many
 Concealed Firearm Permit
Application Requirements
Utilize the bordered space
provided on the
application to stamp with
the official seal.
Pay attention to the
revision date at the
bottom of the application.
The application must be
completed by the
applicant prior to the
instructor signing and
stamping the application.
 Concealed Firearm Permit
Application
Application requirements:
At least 21 years of age
One passport quality photo
Photo copy of driver license
One (blue) type applicant fingerprint card
Instructor stamp in red ink
Non-resident applicants who reside in a state that
Utah has reciprocity or recognition with must also
supply proof of having obtained a permit from their
state of residency

Utah Concealed Firearm Permits are valid for five years

from the date of issue.

Applications must be received by BCI within one year of

taking the concealed firearm permit course.
 Permit Fee Change
As of April 1, 2012 the FBI is reduced its fingerprint processing
fees. The fee reduction changed the total amount collected for
Concealed Firearm Permit applicants.

Resident Concealed Firearm Permit$46.00

Non Resident Concealed Firearm Permit $51.00
Break down of the costs:
FBI fingerprint fee before: $30.25
FBI fingerprint fee April 1, 2012: $16.50
BCI Permit processing fee (in-state) $29.75 (Out of state fee)
$34.75

The 2012 Utah legislature changed the fee amounts to an even fee.
H.B. 432 Substitute 1
 Concealed Firearm Permit
Applications Cont. -
Renewals
Application requirements:
$15.00 renewal fee
Completed application
One passport quality photo
Permits expired by more than 30 days will incur a $7.50 late
fee. Expired permits received after one year of expiration
must start the full application process again
As of September 1, 2012:
Permit holders can renew in person, by mail and NOW may also
renew online. To renew online, go to
https://secure.utah.gov/concealed-firearms. There is a $0.75
convenience fee to renew over the internet. Permit holders will
need the capability to upload a passport quality photo and a
copy of his/her own states concealed firearm permit or
concealed weapon permit, if applicable.
 Problem Areas
There are several areas that seem to be causing questions
and concern:
Photos
Fingerprints (poor prints & not completing the card)
Applicants born outside the United States not supplying the proper
paperwork with the application
Illegible instructor stamps
Instructors NOT having the students complete the application prior to
signing, dating and stamping the application.
Informing students that BCI will make the necessary copies of
documents when submitting their applications (copies MUST be made
and attached to the application prior to submitting the application)
Non resident applicants submitting proof of possessing a firearm permit
issued from their state of residency please submit the information on
8.5 X 11 paper, not wallet sized, cut out, etc.
Do not photocopy military identification cards
 Problem Areas
Continued Front

The most common reasons applications are

mailed back to the applicant:
On an average, (200-400 applications) are mailed back weekly
Incorrect payment amount
Not signing the credit card line
Not providing the correct zip code associated with credit card
Not providing a copy of the applicants home state permit
(when applicable)
Not providing a copy of the applicants driver license Back

Not a reason to mail the application back but

would avoid a lot of the problems:
Instructors not providing their students with the complete
application. Only giving their students the portion where they
fill in the blanks. There is also an instruction page.
 Application Photos
Applicants required to submit a recent color
photograph of passport quality
Passport quality means:
Approximately 2 in. X 2 in.
Taken within last 6 months
and showing current
appearance
Full front view of subjects face
No hats or dark glasses
Taken in normal street attire
White background
 Application Photos
Cont.

These are not acceptable!!

 Fingerprints
Prints must meet FBI
requirements including:
Fingers rolled from one edge of
the nail to the other edge and
just below the first joint
Ridge characteristics are clear
Impressions are uniform in tone
There is an impression in each
block
There are 4 impressions and
a thumb in the simultaneous
impression block
 Fingerprints Cont.
Reasons prints may be rejected:
Ink is unevenly distributed
Fingers are not fully inked
Too much or too little ink
Fingers slip or twist during rolling
Ridges are worn smooth
One or more fingers printed twice
One or more impressions missing
Fingerprints on the back of the card
Fail to include complete information
Information not written in black ink
Highlighting on fingerprint card
Fingerprints
Cont. Rolled vs.
Pressed
 Fingerprints Cont.
Utah Code Ann. 53-5-706 (1)(c)
If the fingerprints are insufficient for
the Federal Bureau of Investigation to
conduct a search of its files for
criminal history information, the
application or concealed firearm
permit may be denied, suspended, or
revoked until sufficient fingerprints
are submitted by the applicant.
 Applicants Born
Outside the United
States
53-5-704(2) requires an applicant be
qualified to purchase and possess a
firearm pursuant to state
and federal law
All applicants born outside the United
States must supply proof of United
States legal residency i.e.
Naturalization Number, Born Abroad
Birth Certificate (example born on a US
military base), Valid U.S. Passport, INS
Registration Number or Alien
Registration Number (Permanent
Resident Alien), etc.
 Badges
Utah Code Ann. 76-8-512(3)
A person is guilty of a class B misdemeanor
who: displays or possesses without authority
any badge, identification card, other form of
identification, any restraint device, or the
uniform of any state or local governmental
entity, or a reasonable facsimile of any of
these items, with the intent to deceive another
or with the intent to induce another to submit
to or rely on his pretended official authority or
to rely upon his pretended official act.
 Notification of
Changes

Website Postings
Class Instruction
Direct Contact
 Permit Flow Chart

Bureau of Criminal Identification Office

Permit Flow Chart

Applications are received at BCI

either in person or by mail
 Permit Flow Chart

For those submitting applications in person, BCI can

take fingerprints and passport quality digital
photographs.
 Permit Flow Chart

Next, applications are receipted, given a number,

and placed in the queue
 Permit Flow Chart

Once an application is approved, the permit is printed

at BCI then sent to the applicant by mail
 Reciprocity and
Recognition
Reciprocity and Recognition

Utah will honor any permit which has been issued by another state or county 76-10-
523

At the current time, Utah has a signed formal reciprocity with the
following states:
Alabama, Alaska, Arkansas, Colorado, Florida, Georgia, Louisiana,
Mississippi, New Hampshire, North Carolina, North Dakota, Ohio, South
Dakota, Texas, Virginia, Washington State , West Virginia

The following states recognize the Utah concealed firearm permit:

Arizona, Delaware, Idaho, Indiana, Iowa, Kentucky, Michigan, Minnesota,
Missouri, Montana, Nebraska, Oklahoma, Pennsylvania, Tennessee,
Vermont, Wisconsin, Wyoming.

BCI suggests permit holders contact any other state they are
planning to visit to find out about that state's concealed firearm
laws
 Reciprocity and
Recognition

There are some states that will only accept the Utah concealed firearm permit so long as the permit holder is
a resident of Utah.

It is the responsibility of all Utah concealed firearm permit holders to know and understand the applicable
firearm laws of the states within which they plan to visit or venture. For information regarding firearm laws of
other states, please contact the respective authority within that state .
 Concealed Firearm
Permit Confidentiality
Utah Code Ann. 53-5-708
Permit Names Private

(1) When any permit is issued, a record shall be

maintained in the office of the licensing authority. Not
withstanding the requirements of Subsection 63-2-301
(1)(b), the names, addresses, telephone numbers, dates
of birth, and Social Security numbers of the persons
receiving permits are protected records under Subsection
63-2-304 (10).

(2) Copies of each permit issued shall be filed

immediately by the licensing authority with the Bureau.
 Concealed Carry
FAQs
How long does it actually take to get my permit?

The time frame for permit issuance per state

statue is 60 days Utah Code Ann. 53-5-704 (1)(a)

If an application status check is requested, BCI prefers

applicants to not call until after 60 days has lapsed from th
date the application was receipted.
Break Time
BL E
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PO VE R
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GO TY
Concealed Firearm
Permit
Course Review
 CFP Course
Requirements
Firearm familiarity must be taught in
person

BCI does not accept waivers as evidence of

general familiarity

General familiarity requirement 53-5-704(7)(c)

Instruction taken by a student under

Subsection (7) (b) shall be in person and not
through electronic means
 General Familiarity
General familiarity, as defined by U.C.A. 53-5-
704, with the types of firearms to be
concealed includes:
Hands on instruction in safe loading,
unloading, storage, and carrying firearms
concealed
Review of current laws defining lawful
firearm use
Lawful self defense
Use of force
Transportation
Concealment
 CFP Course
Requirements
Course instruction must meet the minimum
training curriculum as set forth by BCI
A copy of the curriculum
must be signed with the initial instructor
application only

Additional copies can be accessed

on BCIs website:
http://publicsafety.utah.gov/bci/
 Training Curriculum
Utah Code Ann. 53-5-704
(10)

A certified concealed firearms

instructor shall provide each of
the instructors students with the
required course of instruction
outline approved by the bureau
(BCI)
 CFP Course
Requirements
A time study was conducted and determined that 4
hours is a reasonable, minimal time frame within
which to cover all the required material from the
training curriculum, however not mandatory
provided all aspects of the training curriculum are
covered.
In order to support the integrity of the Utah
concealed firearm permit program, instructors are
strongly requested to teach the Utah course in its
entirety without intermixing other states
interpretations of the laws or philosophies. All
information must be presented with adherence to
the minimum training curriculum. Additional
information can be presented at the instructors
discretion.
 Minimum Training
Curriculum
Section 1: Basic Handgun
Safety Training & General
Familiarity
I. Handgun safety rules
A. Causes of accidents
B. Elements of firearm safety
C. Four basis gun safety rules
D. Other safety/range safety rules
E. Other safety considerations
F. Child safety
 Minimum Training
Curriculum
Section 1: Basic Handgun
Safety Training & General
II.
Familiarity
Hand gun parts and operation
A. Frame
B. Barrel
C. Action
D. Function and firing mechanism check
E. Safe loading/unloading, cocking/de-
cocking
F. Manufacturers operating manual
G. Revolver cylinder rotation
 Minimum Training
Curriculum
Section 1: Basic Handgun
Safety Training & General
Familiarity
III. Ammunition
A. Cartridge Types
B. Cartridge Components
C. Firing Sequence
D. Safety and General Guidelines
E. Care and Storage
F. Ammunition Malfunctions
 Minimum Training
Curriculum
Section 1: Basic Handgun
Safety Training & General
Familiarity
IV. Fundamentals of shooting
A. Basic two hand shooting
positions
B. Basic shooting
fundamentals
 Minimum Training
Curriculum
Section 1: Basic Handgun
Safety Training & General
V. Safe handling Familiarity
A. Range rules
B. Review safe loading/unloading,
cocking/de-cocking
C. Maintenance and cleaning (demonstrate)
D. Safe draw, presentation, and holstering
E. Safe concealment considerations
F. Safe storage (firearms and ammunition)
 Minimum Training
Curriculum
Section 2: State & Federal
Codes, BCI Administrative
Policy
I. Utah Criminal and Traffic Code
A. Concealed Firearm Act
B. Justification of Force
C. Rules of Arrest, by Whom and How Made
D. Weapons in Prohibited
areas/Circumstances
E. Weapons Laws
F. Assault and Related Offenses
G. Weapons Laws, (Non-Concealed Permit
Holder)
 Minimum Training Curriculum
Section 2: State & Federal
Codes, BCI Administrative
Policy
II. Federal Firearms Regulations
A. Section 922 Unlawful Acts
1. Straw Purchase
2. Unlawful Transport
3. Unlawful Transfer
4. Unlawful Possession
5. Unlawful Possession in a School Zone
B. Section 924 Penalties
C. Section 926A Interstate Transportation of
Firearms
D. Section 926 Use of Restricted Ammunition
E. Restrictions of Federal Facilities
 Minimum Training Curriculum
Section 2: State & Federal
Codes, BCI Administrative
Policy
III. BCI Administrative Policy
A. Regulatory Duties
B. Permit Application Process
C. Criteria for Issuance, Denial,
Suspension, and Revocation
D. Adjudicative Procedures
C. Other Practical and Legal
Considerations
 Administrative
Rules
R722-300 Concealed Firearm Permit and Instructor Rule
R722-300-1. Purpose
R722-300-2. Authority
R722-300-3. Definitions
R722-300-4. Application for a Permit to Carry a Concealed Firearm
R722-300-5. Application for a Concealed Firearms Instructor Certification
R722-300-6. Renewal of a Concealed Firearms Permit or Concealed Firearms
Instructor Certification
R722-300-7. Application for a Temporary Permit to Carry a Concealed Firearm
R722-300-8. Application for a LEOJ Permit
R722-300-9. Termination of LEOJ Status
R722-300-10. Suspension or Revocation of a Permit to Carry a Concealed
Firearm, Concealed Firearms Instructor Certification, or a LEOJ Permit
R722-300-11. Review Hearing Before the Board
R722-300-12. Records Access
Instructor
Updates/Reminders
 Vicarious Liability
Utah Code Ann. 53-5-
704(13)
In providing instruction and issuing a
permit under this part, the concealed
firearms instructor and the licensing
authority are not vicariously liable for
damages caused by the permit holder.
 Erroneous Teaching
Concepts
Law allows to shoot attacker twice in the chest and once in the head.
Interspersing other occupational sidelines with the CFP course
As a permit holder, I work for you.
If you are approached by a closed fist attacker, deadly force is
justified.
When advertising your CFP instructor business, dont send BCI the bill.
When demonstrating, dont use live ammunition.
Weaver Stance How you shoot a target that is weaving.
You can carry in a church any way it is just a hand slap if you get
caught.
Having non-certified instructors teach your course.
If you extend a warning for someone to leave your property and they
dont, you can shoot them dead.
 Course Monitoring
Overt and Covert course checks
BCI monitors CFP courses, both in and out of state
BCI has a dedicated Investigator who monitors and
investigates courses and complaints to ensure
compliance with the minimum training curriculum, etc.
Complaints
Instructor and applicant complaints will be aggressively
investigated
Instructor fraud or non compliance
An instructor who is found to be in violation of Federal
law, Utah law or BCI administrative rule may be subject
to suspension/revocation and/or criminal prosecution.
 CONCEALED FIREARM
PERMIT SURVEY
Utah CFP Instructor Questionnaire

Utah Bureau of Criminal Identification has created a survey which

is placed on the BCI website. The survey is titled Firearm Permit
Holder Survey.

The purpose of the survey is to provide an avenue for applicants,

etc. to express any suggestions they may have along with the
strong and weak points of the class they attended.

All surveys will be held in strict confidence and the identity will not
be divulged in any way, unless the individual wishes to provide
his/her information.

Any negative information obtained will be investigated (if

necessary). No action will be taken based solely on the survey.
 Concealed Firearm
Act
Utah Code Ann. 53-5-704 (1)(a),
The bureau shall issue a permit
to carry a concealed firearm for
lawful self defense to an
applicant who is 21 years of age or
older 60 days after receiving an
application.
 Background Checks
In order to be eligible to receive a Utah
concealed firearm permit, the bureau must
be able to check each and every applicants
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 bureau is unable to do a background
check of each of the following items (a)
through (i), the applicant shall not be
eligible to receive a Utah concealed firearm
permit.
 Background
Checks Cont.
A. Utah Computerized Criminal History (UCCH);
B. National Crime Information Center (NCIC);
C. Interstate Identification Index (III)
E. Drivers license information;
F. Statewide warrants file;
G. Criminal justice juvenile files;
H. Criminal history expungement system;
I. National Instant Check System (NICS); and
J. Immigration and Naturalization Service when
applicable (INS)
 Instructor License and
Concealed Firearm
Permit
The Utah CFP instructor
licenses and concealed
carry permits are a
privilege the State has
granted you, and like any
granted privilege, it can
be suspended or revoked.
However, if you follow a
few simple rules, the
State of Utah should have
no reason to suspend or
revoke your permit.
Permit Holder &
Applicant
Disqualifying
Criteria
 Clarification on
Applications
Please remind your students
that if they mark yes to a question
on the application, they should
also attach an explanation and
any supporting documentation
 Disqualifying
Criteria
The below time frames are non binding and only listed as a general guideline

Class C misdemeanors & infractions.. 3 years

Class B misdemeanors.. 4 years
Class A misdemeanors.. 5 years
Protective Order... Lifetime
Domestic Violence... Lifetime
Felony Conviction.... Lifetime
Convicted of a registerable sex offense. Lifetime
Mentally incompetent.. Lifetime
Danger to self or others. CFP Boards discretion
Past Pattern of violent behavior. CFP Boards discretion
Outstanding warrants Suspension until dismissed/removed
Failure to provide sufficient fingerprints. Suspension until acceptable fingerprints are
received
Is not qualified to purchase and possess firearms pursuant to Section 76-10-503 and
federal law
 Disqualifying
Criteria
R722-300-3(2)(k) An offense involving moral turpitude, means a crime under the laws of
this state, any other state, the United States, or any district, possession, or territory of the
United States involving conduct which: is done knowingly contrary to justice,
honesty, or good morals; has an element of falsification or fraud; or contains an
element of harm or injury directed to another person or anothers property
Examples, but not limited to:

Theft Bribery Firearms violations

Fraud Perjury Burglary
Tax evasion Extortion Vandalism
Issuing bad checks Arson Kidnapping
Robbery Criminal mischief Crimes involving unlawful
sexual conduct
Interference with police Falsifying govt. records
Violations of the
Fleeing, resisting, or failure Wildlife violations involving
pornographic and harmful
to obey police weapons
materials and performances
Obstruction of justice Forgery act
Receiving stolen property
 Disqualifying Criteria
Juvenile Felony Convictions U.C.A. 76-10-503
10 years for a violent felony U.C.A. 76-3-203.5
7 years for a non-violent felony
Some examples:
Non-Violent Felony Violent Felony
Distribute Controlled Substance Aggravated Arson
Forgery Aggravated Assault
Theft Aggravated Kidnapping
Possession of a stolen vehicle Rape
Receive stolen property Murder
Possession of a controlled substance Robbery
 Instructor
Disqualifying Criteria
53-5-704(11) The bureau may deny,
suspend, or revoke the certification of a
concealed firearms instructor if it has
reason to believe the applicant has:

(a) Become ineligible to possess a firearm

under Section 76-10-503 or federal law; or
(b) Knowingly and willfully provided false
information to the bureau
 Permit Flow Chart
If an application is denied, or
a permit suspended/revoked,
the applicant or permit holder
will receive a letter by
certified mail, advising the
general reason for the action

Instructors and permit

holders must keep their
address current with BCI
 Appeals Process
In the event of a denial, suspension
or revocation by BCI, the applicant or
instructor may file an appeal
The appeal must be received (in writing)
within 60 days of the date of denial,
suspension, or revocation
The petitioner will have the opportunity to
address the board and explain the appeal
Once a ruling is made by the board, the
petitioner will be notified by BCI within 30
days
 Concealed Firearm
Permit Review Board
Powers and duties of the Board:

U.C.A. 53-5-703 (7) The board, upon receiving a timely filed petition for review,
shall review within a reasonable time the denial, suspension, or revocation of a
permit or temporary permit to carry a concealed firearm

The board is comprised of not more than five members appointed by the
commissioner on a bipartisan basis. The board shall include a member
representing law enforcement and at least two citizens, one of whom represents
sporting interests.

The board members are appointed by the commissioner and serve a four year
term
The board meets once every three months
Law Enforcement Citizen Representing Sporting Interests Private Citizen
 Expungement Eligibility
(Utah)
Expungement eligibility will be based upon your total history,
not what has been reported to BCI. This includes incidents in
all states.
Some factors which may contribute to a denial are:
10 years Any alcohol related traffic offense
7 years Eligible Felonies
5 years Class A Misdemeanor
4 years All class B misdemeanors except alcohol related
offenses
3 years on class C misdemeanors and infractions
30 days Dismissals
This time period does not begin until all confinement
and probation has been completed and fines are paid.

Expungement Section contact number: 801-965-4445

 BREAK TIME
Gun Carrying Logic

Dont pick a fight with an old man. If he is too old to fight,

hell just kill you.

If you find yourself in a fair fight, your tactics suck.

The reason I carry a gun, is when seconds count, the cops

are still minutes away.

Beware the man who only has one gun. HE PROBABLY

KNOWS HOW TO USE IT !!!

Want gun control, use both hands

 Legal Review
Utah Law: Federal Law ,(18 U.S.C.
Concealed Firearm Act Chapter 44, Section
53-5-701 to 53-5-711 922)
Justification of Force Straw Purchase
76-2-401 to 76-2-407
Rules of Arrest
Unlawful Transport
77-7-1, 77-7-3 Unlawful Transfer
Weapons in Prohibited areas Unlawful Possession
76-8-311.1 to 76-8-311.3 Unlawful possession
Assault and Related offenses at a school zone
76-5-102,103,104
Weapons Laws
76-10-500 to 76-10-530
 2013 Firearms Related
Legislative Changes

H.B. 76 Concealed Weapon Carry Amendments

Constitutional Carry - vetoed by the Governor
H.B. 121 Firearms Safe Harbor
H.B. 155 Federal Officers Authority
H.B. 211 Concealed Weapon Permit for Service Members
H.B. 287 Return of Weapons Recovered by Law
Enforcement
H.B. 317 Protection of Concealed Firearm Permit
S.B. 120 Target Shooting and Wildlife Regulations

The new laws will go into effect on May 14, 2013

 H.B. 76 Constitutional Carry
H.B. 121 Firearms Safe Harbor
H.B.211 CFP for Service Member
H.B. 76 Must be over 21 years of age who may lawfully
possess a firearm, as long as the firearm is unloaded.
Vetoed by the Governor

H.B. 121 Voluntary commitment of a firearm by owner

cohabitant to Law Enforcement to hold firearm - Exempt
from criminal prosecution. Must return within 60 days
unless extended by owner.

H.B. 211 Full time active duty service member and their
spouse while stationed in Utah the CFP fee shall be waved
 H.B. 155 Federal Law
Enforcement Amendments

State limitations on functions of federal law enforcement

officers
To take any action on private land, state owned land, of
federally managed land to investigate, stop, serve
process, search, arrest, cite, book, or incarcerate a
person for a violation of a federal, state or local justice
system.
U.S. Bureau Land Management
U.S. Forest Service
National Park Service
U.S. Fish and Wildlife Services
U.S. Bureau of Reclamation
U.S. EPA and Army Corps of Engineers
 H.B. 317 Protection of CFP

Prohibits the sharing of concealed firearm permit

information with federal government a class A
misdemeanor and prohibits the state and political
subdivisions of the state from compelling or attempting
to compel an individual with a concealed firearm permit
to divulge whether the individual has a concealed
firearm permit or is carrying a concealed firearm.

Exception: the disclosure is necessary to conduct a

criminal background check on the individual who is the
subject of the information.
 S.B. 120 Target Shooting
and Wildlife Regulations
Power of state forester to close hazardous area
The closure shall include for a period of time considered
necessary:
Open fires
Smoking
Use of vehicles or equipment
Welding, cutting or grinding of metals
Fireworks
Explosives
The use of firearms for target shooting
Violation is a class B misdemeanor
Justification of
Force
 Justification of Force
Utah Code Ann. 76-2-402
Force in defense of a person
A person must reasonably believe that force or
threat of force is necessary to defend the person
or a third person against another persons
imminent use of unlawful force
Force used that is intended or likely to cause
death or serious bodily injury may only be
used to prevent death or serious bodily injury to
himself or a third person or to prevent the
commission of a forcible felony.
A person does not have a duty to retreat from
threatened force in a place where that person
has lawfully entered or remained
 Justification of
Force
76-1-601 Serious bodily injury
means bodily injury that creates or
causes serious permanent
disfigurement, protracted loss or
impairment of function of any bodily
member or organ, or creates a
substantial risk of death
 Justification of
Force
76-2-402 (4) Forcible felonies defined
Aggravated Assault
Murder/Aggravated Murder
Mayhem
Manslaughter
Kidnapping/Aggravated Kidnapping
Rape
Forcible Sodomy
Object Rape
Rape/Object Rape of a Child
Sexual Abuse/Aggravated Sexual Abuse of a Child
Aggravated Sexual Assault
Arson
Robbery
Burglary
Vehicle Burglary (when occupied)
Any other felony offense which involves the use of force or violence
against a person so as to create a substantial danger of death or serious
bodily injury
 Justification of Force
Utah Code Ann. 76-2-405
Force in defense of habitation
A person reasonably believes force is necessary to
prevent or terminate unlawful entry into or attack on the
habitation
Force likely to cause death or serious injury is justified
only if
The entry is made or attempted in a violent tumultuous
manner, surreptitiously, or by stealth and he reasonably
believes the entry is made or attempted for the purpose
of assaulting or offering personal violence or
He reasonably believes that the entry is made or
attempted for the purpose of committing a felony in the
habitation and the force is necessary to prevent the
commission of the felony
 Justification of Force
Presumption of
Reasonableness (Habitation)
Utah Code Ann. 76-2-405 (2)
The person using force or deadly force in defense
of habitation is presumed for the purpose of both
civil and criminal cases to have acted reasonably
and had a reasonable fear of imminent peril of
death or serious bodily injury if the entry or
attempted entry is unlawful and is made or
attempted by use of force, or in a violent and
tumultuous manner, or surreptitiously or by
stealth, or for the purpose of committing a
felony.
 Firearms at Residence
Utah Code Ann. 76-10-
511
Except for persons described in Section 76-
10-503, a person may have a loaded firearm
at his place of residence, including any
temporary residence or camp.
Residence defined: An improvement to
real property used or occupied as a
primary or secondary residence; i.e. tent,
trailer, motor home, motel room, etc.
 Justification of Force
Utah Code Ann. 76-2-
407
Deadly force in defense of persons on real property
A person is justified in using force intended or likely to cause death or
serious bodily injury against another in his defense of persons on real
property other than his habitation if:
He is in lawful possession of real property;
He reasonably believes that the force is necessary to prevent or
terminate the trespass onto real property;
The trespass is made or attempted by use of force or in a violent and
tumultuous manner; and
The trespass is attempted or made for the purpose of committing
violence against any person on real property and he reasonably
believes that the force is necessary to prevent personal violence; or
the person reasonably believes that the trespass is made or
attempted for the purpose of committing a forcible felony that poses
imminent peril of death or serious injury and that the force is
necessary to prevent the commission of that forcible felony
 Justification of Force
Presumption of
Reasonableness (Real Property)
Utah Code Ann. 76-2-407 (2)
The person using deadly force in defense of
persons on real property under Subsection (1) is
presumed for the purpose of both civil and
criminal cases to have acted reasonably and had
a reasonable fear of imminent peril of death or
serious bodily injury if the trespass or attempted
trespass is unlawful and is made or attempted by
use of force, or in a violent and tumultuous
manner, or for the purpose of committing a
forcible felony.
 Justification of Force
Utah Code Ann. 76-2-
406
Force in defense of property
A person is justified in using force, other
than deadly force, when he reasonably
believes that force is necessary to prevent
or terminate criminal interference with real
or personal property
Lawfully in his possession; or
Lawfully in the possession of a member of his
immediate family; or
Belonging to a person whose property he has a
legal duty to protect
 Justification of Force
Utah Code Ann. 76-2-
402
Considerations in determining
reasonableness of force
The trier of fact may consider, but not limited
to, any of the following factors:
Nature of danger
Immediacy of danger
Probability that unlawful force would result in
death or serious bodily injury
Prior violent acts or propensities
Patterns of abuse or violence
 Unjustifiable Circumstances
Utah Code Ann. 76-2-402
(2)
Initially provokes the use of force as an
excuse to inflict bodily harm;
Is attempting to commit, committing or
fleeing after the commission or attempted
commission of a felony; or
Was the aggressor or was engaged in a
combat by mutual agreement unless he
withdraws from the attack and effectively
communicates his intent to withdrawal.
 Escalation of Force
DEADLY FORCE

LESS THAN LETHAL

PHYSICAL

VERBAL THREATS

CONFRONTATION
THREATENING
PRESENCE
 Civil vs. Criminal
Liability
Criminal
The burden of proof is on the state "beyond a reasonable doubt.
Liability determined for criminal punishment, prison, fines etc.
Usually always investigated by the police.
Civil
Burden of proof is on the party asserting the claim by preponderance of the
evidence.
Liability determined to restore monetary or physical loss.
Usually always considered following the death of a person in the form of
wrongful death and personal injury law suits.

IMPORTANT NOTE: If you use your firearm in self-defense and are later
tried and found not guilty of any criminal charge, you should
understand that such a verdict does not preclude a civil proceeding
against you. Regardless of the outcome of a criminal trial, you may be
subject to liability in a civil action.
 Defense to Civil Action for
Damages Resulting From
Commission of a Crime
Utah Code Ann. 78b-3-110
(1) A person may not recover from the victim of a crime for personal injury or
property damage if:
(a) the person entered the property of the victim or the victims family with
criminal intent and the injury or damage occurred was inflicted by the victim or
while the person was on the victim's property; or
(b) the person committed a crime against the victim or the victims family,
during which the damage or injury occurred.
(2) The provisions of Subsection (1) do not apply if the person can prove by
clear and convincing evidence that the person's actions did not constitute a crime.
(3) Subsection (1) applies to any next-of-kin, heirs, or personal representatives
of the person if the person acquires a disability or is killed.
(4) Subsections (1) and (2) do not apply if the person committing or attempting
to commit the crime has clearly retreated from the criminal activity.
(5) "Clearly retreated" means that the person committing the criminal act has
fully, clearly, and immediately ceased all hostile, threatening, violent, or criminal
behavior or activity.
 Arrest by Private Persons
Utah Code Ann. 77-7-3
A private person may arrest another:
For a public offense committed or attempted in his
presence; or
When a felony has been committed and he has reasonable
cause to believe the person arrested has committed it

Arrest Defined: An arrest is an actual restraint of

the person arrested or submission to custody. The
person shall not be subjected to any more restraint
than is necessary for his arrest and detention 77-7-1
Secured / Prohibited
Areas
 Weapons in
Prohibited Areas
U.C.A. 53-5-710 A person with a concealed
firearm permit may not carry a firearm into the
following locations:
Any secure area in which firearms are prohibited
and notice posted (76-10-523.5)
Courts, Law Enforcement, Correctional & Mental Health
Facilities Penalties 76-8-311.1 Third degree felony
Any airport secure area (76-10-529)
Any house of worship or private residence where
dangerous weapons are prohibited (76-10-530)
Otherwise prohibited by State or Federal Law
Federal Facilities, Federal Court Buildings, etc.
 Possession at Federal
Facility Prohibited,18 U.S.C.
930 (a)
The term Federal Facility
means a building or part thereof
owned or leased by the Federal
Government, where Federal
employees are regularly present for
the purpose of performing their
official duties
 Weapons in Prohibited Areas
Cont.
Clarification on Allowed Carry
Areas
Indian Reservations: Each tribe is self governing, it is
necessary to contact tribal leadership to obtain
permission to carry on the reservation.
Exception: If a highway/interstate runs through the
reservation, no permission needed as long as you
remain on the highway.
National Parks: As of February 22, 2010, an individual
can carry as long as the national park is located in a
state where concealed firearms are permitted, must
abide by that states CFP laws.
National Forests: Are not parks, they are governed by
the state in which they are located (hunting, etc.)
 Churches, Notification of
Prohibition
Utah Code Ann. 76-10-530 (2) (a)-
(d)
a. Personal communication to the actor by the owner, lessee, or
person with lawful right of possession or person with authority to
act for the person or entity;
b. Posting of signs reasonably likely to come to the attention of
persons entering the house of worship or private residence;
c. Announcement by a person with authority to act for the church
or organization operating the house of worship in a regular
congregational meeting;
d. Publication in a bulletin, newsletter, worship program or
similar document generally circulated or available to members
of a congregation regularly meeting in a house or worship
e. Publication in a newspaper or general circulation in the
county in which the house of worship is located or the church or
organization operating the house of worship has its principal
office in this state.
 Discharge of Firearm on
Private Property Liability
53-5a-103, A private property owner who
knowingly allows a person who has a permit to
carry a concealed firearm under Section 53-3-
704 to bring a firearm onto the owners
property, is not civilly or criminally liable
for any damage or harm resulting from the
discharge of the firearm by the permit holder
while on the owners property.

Does not apply if the property owner solicits,

requests, commands, encourages, or
intentionally aids in the firearms discharge.
 Assault and
Related Offenses
 Assault
Utah Code Ann. 76-5-
102
An attempt with unlawful force or
violence, to do bodily injury to
another;
A threat accompanied by a show of
immediate force or violence, do to
bodily injury to another; or
An act committed with unlawful force
or violence, that causes bodily injury
to another or creates a substantial
risk of bodily injury to another
 Aggravated Assault
Utah Code Ann. 76-5-
103
Intentionally causes serious bodily
injury to another; or
Under circumstances not
amounting to serious bodily injury,
uses a weapon as defined in 76-1-
601 or other means or force likely
to produce death or serious bodily
injury.
 Threat of Violence
Utah Code Ann. 76-5-
107
A person commits threat of violence if the person
threatens to commit any offense involving bodily
injury, death, or substantial property damage, and
Acts with intent to:
Place a person in fear of imminent serious
bodily injury, substantial bodily injury, or
death;
Is no defense that the person did not attempt or
was incapable of carrying out the threat.
The threat may be either expressed or implied
Break Time
Weapons Laws
 Uniform Law, Weapons
Utah Code Ann. 76-10-
500
Except as specifically provided by state
law, a citizen of the United States or a lawfully
admitted alien shall not be:
Prohibited from owning, possessing,
purchasing, selling, transferring,
transporting, or keeping any firearm in his
place of residence, property, business, or in
any vehicle lawfully in his possession or
lawfully under his control; or
Required to have a permit or license to
purchase, own, possess, transport, or keep a
firearm.
 Other Applicable Criminal
Statutes
Illegal to possess a deadly weapon
with intent to assault (76-10-507)
Illegal to draw or exhibit a dangerous
weapon in an angry or threatening
manner or in a fight or quarrel,
except in necessary self defense (76-
10-506)
 Weapons Laws, Threatening Manner
Defined: Utah Code Ann. 76-10-506
(1)
Threatening manner does not include:

The possession of a dangerous weapon,

whether visible or concealed, without
additional behavior which is threatening; or

Informing another of the actors possession

of a deadly weapon in order to prevent what
the actor reasonable perceives as a possible
use of unlawful force by the other and actor
is not engaged in any activity described in
Subsection 76-2-402(2)(a) (use of force).
 Weapons Laws, threatening with or
using dangerous weapons in fight
or quarrel, Utah Code Ann. 76-10-
506 (2) (3)
Except as provided in 76-2-402 (use of force) and for persons
described in 76-10-503 (Restricted Persons)
Displays any dangerous weapon in an angry or threatening
manner or
Unlawfully uses a dangerous weapon in a fight or quarrel
This section does not apply to a person who, reasonably
believes the action to be necessary in compliance with
Section 76-2-402 (Use of force) with purpose to prevent
anothers use of unlawful force:
Threatens the use of a dangerous weapon; or
Draws or exhibits a dangerous weapon
 Carrying Loaded Firearm
in Vehicle or on Street
Utah Code Ann. 76-10-505
A person may carry a loaded firearm in a vehicle if:
Applies to non permit holders
The person is 18 years old
Is in lawful possession of the vehicle
Other occupant has consent from the person in lawful
control
Allowance extends to handguns only

A person may carry on a public street if:

The person has a concealed firearm permit
A person without a CFP must carry in plain view and
statutorily unloaded
 Weapons Laws, Loaded
Firearm Utah Code Ann. 76-
10-502
Applies to non concealed firearm
permit holders

An unexpended cartridge in the firing

position
The manual operation of any
mechanism once would cause the
unexpended cartridge to be fired
 Carrying Concealed
Dangerous Weapon
Utah Code Ann. 76-10-

504
(1) Except as provided in Section 76-10-503 and in Subsections (2), (3), and
(4), a person who carries a concealed dangerous weapon, as defined in Section 76-
10-501, including an unloaded firearm on his or her person or one that is readily
accessible for immediate use which is not securely encased, as defined in this part,
in or on a place other than the person's residence, property, a vehicle in the
person's lawful possession, or a vehicle, with the consent of the individual who is
lawfully in possession of the vehicle, or business under the person's control is
guilty of a class B misdemeanor.
(2) A person who carries a concealed dangerous weapon which is a loaded
firearm in violation of Subsection (1) is guilty of a class A misdemeanor.
(3) A person who carries concealed an unlawfully possessed short barrel
shotgun or a short barrel rifle is guilty of a second degree felony.

 Motor Vehicle
Defined
41-6a-102 (34) Means a vehicle
which is self propelled and
every vehicle which is propelled by
electric power obtained from
overhead trolley wires, but not
operated upon rails. Effective
October 1, 2008.
 Protection of Activities in
Private Vehicles
Utah Code Ann. 34-45-103
Legal for people to have firearms stored in their locked vehicles parked on private
property
Exceptions:
An employer can provide alternative parking at no cost to the employee
Provide a secured and monitored storage location where the individual may
securely store a firearm before proceeding with the vehicle on to the property
34-45-107 Exemptions to Private Parking Lots
School Premises:
* Are exempt from this chapter
Government Entities:
* Including local and state entity
Religious Organizations:
* Acting as an employer are exempt
Residential Units:
* Single family or tenant occupied units are exempt
 Persons Exempt from
Weapons Laws
Utah Code Ann. 76-10-
(1) This part and Title 53, Chapter 5, Part 523
7, Concealed Weapon Act, do not apply
to any of the following:
(a) a United States marshal;
(b) a federal official required to carry a firearm;
(c) a peace officer of this or any other jurisdiction;
(d) a law enforcement official as defined and qualified under Section 53-5-711;
(e) a judge as defined and qualified under Section 53-5-711;
(f) a common carrier while engaged in the regular and ordinary transport of
firearms as merchandise; or
(g) a nonresident traveling in or through the state, provided that any firearm is:
(i) unloaded; and
(ii) securely encased as defined in Section 76-10-501.
(2) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505
do not apply to any person to whom a permit to carry a concealed firearm has been
issued:
(a) pursuant to Section 53-5-704; or
(b) by another state or county.
 Guidelines for Law
Enforcement Contact
When stopped for questioning
by a peace officer based on
reasonable suspicion in
accordance with Section 77-7-
15, all individuals, with or
without a permit who are
lawful possessors of firearms
in public and in vehicles are
encouraged to be cooperative
and comply with the lawful
orders of police officers.
 Police Officers are Advised
the Following: Regarding
Concealed Firearm
Permits
All enforcement action is done by BCI Investigators,
but final review and findings is done by the CFP
board

Do not seize the permit (unless revoked)

If a disqualifying offense for violations regarding a

Concealed Firearm Permit exist, forward a copy of
the incident report to BCI

Always observe officer safety. It is reasonable for an

officer to know where a firearm is and if it is loaded.
 Alcohol / Controlled
Substance Firearms
Prohibition
76-10-528 Carrying a dangerous
weapon while under the influence
of alcohol or a controlled substance
unlawful
Same standard as DUI statute 41-6a-502
Impaired danger to self or others
Blood or breath test at or above .08 grams
It is not a defense
Has a valid concealed firearm permit
Licensed in the pursuit of wildlife
 Firearms Confiscation
Prohibition
Utah Code Ann. 63k-4-405
Declared state of emergency or disaster
Hurricane Katrina
Government and law enforcement may
not confiscate firearms if lawful to
possess
Officer may not be disciplined for
refusing to confiscate
Law Enforcement and government may
be subject to civil damages
Federal Laws
 Federal Laws
U.S. FEDERAL FIREARMS REGULATIONS REFERENCE
GUIDE, TITLE 18, CHAPTER 44 FIREARMS: Title 18
Chapter 44 - 922 Unlawful acts

(a) (6) Straw Purchase

(a) (3) Unlawful transport of firearm by non-licensed dealer,
importer , manufacturer, or collector
(d) (1) (9) Unlawful transfer of a firearm to restricted person
(g) (1) (9)Unlawful Possession of a firearm by restricted
person
(q) (2) (A) Unlawful possession of a firearm in a school zone
 Straw Firearm
Purchase 18 U.S.C. 922
(a) (6)
Knowingly make or furnish a
false or fictitious oral or written
statement or misrepresented
identification intending to
deceive with respect to
purchasing a firearms
 Transporting Firearms
18 U.S.C. 926A
Interstate transportation of a firearm for lawful
purpose is allowed if:
The transporter is not a restricted person
The firearm is not a restricted firearm 27 CFR,
Part 478.28 & 36.
Cannot transport to engage in business unless
an FFL 18 U.S.C. 922 (a) (1- 4)
Firearm must be unloaded
Ammunition and firearm not readily accessible
or directly accessible from the passenger
compartment unless in a locked container
excluding glove box or console.
 Selling Firearms
18 U.S.C. 922 (a),
Unlicensed
Cannot sell to anyone outside your
state of residency
No registration required, Only
transactions at the FFL dealership
are registered
Cannot sell to anyone under 18 years
of age
Suggest that a non-licensed sale
include a bill of sale between parties
to prove the transfer
 Unlawful Possession
18 U.S.C. 922 (g)
Conviction of punishable by term exceeding one year
Fugitive from justice
Unlawful user of controlled substance
Adjudicated mentally defective
Illegal or unlawful in the U.S.
Dishonorable discharge from the armed forces
Renounced citizenship in the U.S.
Protective order
Conviction of misdemeanor crime of domestic
violence
 Possession of Firearm at
a School 18 U.S.C. 44,
922 (q) (2) (a) (ii)
Unlawful to possess a firearm at a place that the
ndividual knows, or has reasonable cause to believe, is a
chool zone.

Exception:
If the individual possessing the firearm is licensed to do
so by the State in which the school zone is located.

Public schools: A valid concealed firearm permit

holder can posses a firearm within a public school.
Private schools can restrict firearms (similar to
private property owners).
 School Premises,
Utah Code Ann. 76-10-505.5
76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off
shotgun on or about school premises -- Penalties.

(1) As used in this section, "on or about school premises" means:

(a) (i) in a public or private elementary or secondary school; or
(ii) on the grounds of any of those schools;
(b) (i) in a public or private institution of higher education; or
(ii) on the grounds of a public or private institution of higher education; and
(iii) (A) inside the building where a preschool or child care is being held, if
the entire building is being used for the operation of the preschool or child care; or
(B) if only a portion of a building is being used to operate a preschool or
child care, in that room or rooms where the preschool or child care operation is
being held.

(2) A person may not possess any dangerous weapon, firearm, or sawed-off
shotgun, as those terms are defined in Section 76-10-501, at a place that
the person knows, or has reasonable cause to believe, is on or about school
premises as defined in this section.
 Firearms on School
Premises, Exceptions
May not possess firearm or dangerous weapon on or
about school premises

Exceptions:
Law Enforcement (U.C.A. 76-10-523)
Concealed Firearm Permit Holder (U.C.A. 53-5-704)
Possession approved by Responsible School Administrator
Lawful, approved activity under control of responsible person
Any vehicle lawfully under persons control.
 Your Responsibility
Laws consistently change!!

It is the responsibility of each instructor

and permit holder to keep up with
changes in Federal law, Utah law and
Administrative rule.
 BCI Website
publicsafety.utah.gov
 Online References

BCI Website
http://publicsafety.utah.gov/bci/
Utah Criminal and Traffic Codes
www.le.state.ut.us/Documents/code_const
.htm
 Program Coordinator
Laura Drago
Criminal Information Technician II
Department of Public Safety, Bureau of Criminal
Identification (BCI), 8 years
Firearms Section
Records, Grants Section
Duties:
Issue and maintain all instructor files
Coordinate and manage instructor training courses, etc.
Hand out or mail fingerprint cards to certified instructors
upon request
When available, issue concealed firearm permits
Provide excellent government services
 Bureau of Criminal
Identification Contact
Information
Physical address/mailing address:
Bureau of Criminal Identification
3888 W 5400 S,
Salt Lake City, UT 84129
(801)965-4445

Contacts:
Laura Gayler
Program Coordinator
(801)957-8620
Jeff Dunn
Firearms Investigator II
(801)957-8512
Phil Leiker
Firearms Investigator II
(801)965-4485
Scott Baker
Firearms Investigator II
(801) 965-4561
Questions