Utah Code 76-10-526.1. Information check before private sale of firearm

Effective 7/1/2023

76-10-526.1. Information check before private sale of firearm.

(1)

As used in this section:

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Terms Used In Utah Code 76-10-526.1

Bureau: means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety. See Utah Code 76-10-501
Dealer: means a person who is:

(a)

licensed under 18 U. See Utah Code 76-10-501

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Federal Firearms Licensee: means a person who:

(a)

holds a valid Federal Firearms License issued under 18 U. See Utah Code 76-10-501

Firearm: means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive. See Utah Code 76-10-501

Process: means a writ or summons issued in the course of a judicial proceeding. See 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

(a)

“Governmental entity” means the state and the state’s political subdivisions.

(b)	“Law enforcement agency” means the same as that term is defined in Section 53-1-102.

(c)	“Personally identifiable information” means the same as that term is defined in Section 63D-2-102.

(2)

Subject to Subsections (3) and (4), the bureau shall create an online process that allows an individual who is selling or purchasing a firearm to voluntarily determine:

(a)	if the other individual involved in the sale of the firearm has a valid concealed carry permit; or

(b)	based on the serial number of the firearm, if the firearm is reported as stolen.

(3)	Subsection (2) does not apply to a federal firearms licensee or dealer.

(4)

The bureau may not:

(a)	provide information related to a request under Subsection (2) to a law enforcement agency; or

(b)	collect a user’s personally identifiable information under Subsection (2).

(5)	A governmental entity may not require an individual who is selling or purchasing a firearm to use the process under Subsection (2).

(6)	If an individual uses the process under Subsection (2), the individual is not required, based on the information the individual receives from the bureau, to make a report to a law enforcement agency.

(7)	After responding to a request under Subsection (2), the bureau shall immediately dispose of all information related to the request.

(8)

(a)	This section does not create a civil cause of action arising from the sale or purchase of a firearm under this section.

(b)	An individual’s failure to use the process under Subsection (2) is not evidence of the individual’s negligence in a civil cause of action.

Enacted by Chapter 398, 2023 General Session

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