53-5-708.  Permit — Names private.

(1) 

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
For details, see Utah Code § 76-3-204

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Terms Used In Utah Code 53-5-708

  • Bureau: means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety. See Utah Code 53-5-702
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
  • Law enforcement agency: means an entity or division of:
    (i) 
    (A) the federal government, a state, or a political subdivision of a state;
    (B) a state institution of higher education; or
    (C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and
    (ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
  • Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102
  • Person: means :Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • (a)  The bureau shall maintain a record in its office of any permit issued under this part.

    (b)  Notwithstanding the requirements of Subsection 63G-2-301(2)(b), the names, addresses, telephone numbers, dates of birth, and Social Security numbers of persons receiving permits are protected records under Subsection 63G-2-305(11).

    (c)  Notwithstanding Section 63G-2-206, a person may not share any of the information listed in Subsection (1)(b) with any office, department, division, or other agency of the federal government unless:

    (i)  the disclosure is necessary to conduct a criminal background check on the individual who is the subject of the information;

    (ii)  the disclosure of information is made pursuant to a court order directly associated with an active investigation or prosecution of the individual who is the subject of the information;

    (iii)  the disclosure is made to a criminal justice agency in a criminal investigation or prosecution;

    (iv)  the disclosure is made by a law enforcement agency within the state to another law enforcement agency in the state or in another state in connection with an investigation, including a preliminary investigation, or a prosecution of the individual who is the subject of the information;

    (v)  the disclosure is made by a law enforcement agency within the state to an employee of a federal law enforcement agency in the course of a combined law enforcement effort involving the law enforcement agency within the state and the federal law enforcement agency; or

    (vi)  the disclosure is made in response to a routine request that a federal law enforcement officer makes to obtain information on an individual whom the federal law enforcement officer detains, including for a traffic stop, or questions because of the individual’s suspected violation of state law.

    (d)  A person is guilty of a class A misdemeanor if the person knowingly:

    (i)  discloses information listed in Subsection (1)(b) in violation of the provisions under Title 63G, Chapter 2, Government Records Access and Management Act, applicable to protected records; or

    (ii)  shares information in violation of Subsection (1)(c).

    (e) 

    (i)  As used in this Subsection (1)(e), “governmental agency” means:

    (A)  the state or any department, division, agency, or other instrumentality of the state; or

    (B)  a political subdivision of the state, including a county, city, town, school district, special district, and special service district.

    (ii)  A governmental agency may not compel or attempt to compel an individual who has been issued a concealed firearm permit to divulge whether the individual:

    (A)  has been issued a concealed firearm permit; or

    (B)  is carrying a concealed firearm.

    (iii)  Subsection (1)(e)(ii) does not apply to a law enforcement officer.

(2)  The bureau shall immediately file a copy of each permit it issues under this part.

Amended by Chapter 16, 2023 General Session