Multi-State CCW INFORMATION

Arizona, Utah, and Florida

Arizona -

Arizona Revised Statute 13-3112 

13-3112. Concealed weapons; qualification; application; permit to carry; civil penalty; report; applicability

A. The department of public safety shall issue a permit to carry a concealed weapon to a person who is qualified under this section. The person shall carry the permit at all times when the person is in actual possession of the concealed weapon and is required by section 4-229 or 4-244 to carry the permit.  If the person is in actual possession of the concealed weapon and is required by section 4-229 or 4-244 to carry the permit, the person shall present the permit for inspection to any law enforcement officer on request.

B. The permit of a person who is arrested or indicted for an offense that would make the person unqualified under section 13-3101, subsection A, paragraph 7 or this section shall be immediately suspended and seized.  The permit of a person who becomes unqualified on conviction of that offense shall be revoked. The permit shall be restored on presentation of documentation from the court if the permittee is found not guilty or the charges are dismissed. The permit shall be restored on presentation of documentation from the county attorney that the charges against the permittee were dropped or dismissed.

C. A permittee who carries a concealed weapon, who is required by section 4-229 or 4-244 to carry a permit and who fails to present the permit for inspection on the request of a law enforcement officer commits a violation of this subsection and is subject to a civil penalty of not more than three hundred dollars. The department of public safety shall be notified of all violations of this subsection and shall immediately suspend the permit. A permittee shall not be convicted of a violation of this subsection if the permittee produces to the court a legible permit that is issued to the permittee and that was valid at the time the permittee failed to present the permit for inspection.

D. A law enforcement officer shall not confiscate or forfeit a weapon that is otherwise lawfully possessed by a permittee whose permit is suspended pursuant to subsection C of this section, except that a law enforcement officer may take temporary custody of a firearm during an investigatory stop of the permittee.

E. The department of public safety shall issue a permit to an applicant who meets all of the following conditions:

1. Is a resident of this state or a United States citizen.

2. Is twenty-one years of age or older or is at least nineteen years of age and provides evidence of current military service or proof of honorable discharge or general discharge under honorable conditions from the United States armed forces, the United States armed forces reserve or a state national guard.

3. Is not under indictment for and has not been convicted in any jurisdiction of a felony unless that conviction has been expunged, set aside or vacated or the applicant's rights have been restored and the applicant is currently not a prohibited possessor under state or federal law.

4. Does not suffer from mental illness and has not been adjudicated mentally incompetent or committed to a mental institution.

5. Is not unlawfully present in the United States.

6. Has ever demonstrated competence with a firearm as prescribed by subsection N of this section and provides adequate documentation that the person has satisfactorily completed a training program or demonstrated competence with a firearm in any state or political subdivision in the United States.  For the purposes of this paragraph, "adequate documentation" means:

(a) A current or expired permit issued by the department of public safety pursuant to this section.

(b) An original or copy of a certificate, card or document that shows the applicant has ever completed any course or class prescribed by subsection N of this section or an affidavit from the instructor, school, club or organization that conducted or taught the course or class attesting to the applicant's completion of the course or class.

(c) An original or a copy of a United States department of defense form 214 (DD-214) indicating an honorable discharge or general discharge under honorable conditions, a certificate of completion of basic training or any other document demonstrating proof of the applicant's current or former service in the United States armed forces as prescribed by subsection N, paragraph 5 of this section.

(d) An original or a copy of a concealed weapon, firearm or handgun permit or a license as prescribed by subsection N, paragraph 6 of this section.

F. The application shall be completed on a form prescribed by the department of public safety. The form shall not require the applicant to disclose the type of firearm for which a permit is sought.  The applicant shall attest under penalty of perjury that all of the statements made by the applicant are true, that the applicant has been furnished a copy of this chapter and chapter 4 of this title and that the applicant is knowledgeable about the provisions contained in those chapters. The applicant shall submit the application to the department with any documentation prescribed by subsection E of this section, two sets of fingerprints and a reasonable fee determined by the director of the department.

G. On receipt of a concealed weapon permit application, the department of public safety shall conduct a check of the applicant's criminal history record pursuant to section 41-1750. The department of public safety may exchange fingerprint card information with the federal bureau of investigation for federal criminal history record checks.

H. The department of public safety shall complete all of the required qualification checks within sixty days after receipt of the application and shall issue a permit within fifteen working days after completing the qualification checks if the applicant meets all of the conditions specified in subsection E of this section.  If a permit is denied, the department of public safety shall notify the applicant in writing within fifteen working days after the completion of all of the required qualification checks and shall state the reasons why the application was denied.  On receipt of the notification of the denial, the applicant has twenty days to submit any additional documentation to the department.  On receipt of the additional documentation, the department shall reconsider its decision and inform the applicant within twenty days of the result of the reconsideration. If denied, the applicant shall be informed that the applicant may request a hearing pursuant to title 41, chapter 6, article 10.  For the purposes of this subsection, "receipt of the application" means the first day that the department has physical control of the application and that is presumed to be on the date of delivery as evidenced by proof of delivery by the United States postal service or a written receipt, which shall be provided by the department on request of the applicant.

I. On issuance, a permit is valid for five years, except a permit that is held by a member of the United States armed forces, including a member of the Arizona national guard or a member of the reserves of any military establishment of the United States, who is on federal active duty and who is deployed overseas shall be extended until ninety days after the end of the member's overseas deployment.

J. The department of public safety shall maintain a computerized permit record system that is accessible to criminal justice agencies for the purpose of confirming the permit status of any person who is contacted by a law enforcement officer and who claims to hold a valid permit issued by this state.  This information and any other records that are maintained regarding applicants, permit holders or instructors shall not be available to any other person or entity except on an order from a state or federal court. A criminal justice agency shall not use the computerized permit record system to conduct inquiries on whether a person is a concealed weapons permit holder unless the criminal justice agency has reasonable suspicion to believe the person is carrying a concealed weapon and the person is subject to a lawful criminal investigation, arrest, detention or an investigatory stop.

K. A permit issued pursuant to this section is renewable every five years.  Before a permit may be renewed, a criminal history records check shall be conducted pursuant to section 41-1750 within sixty days after receipt of the application for renewal. For the purposes of permit renewal, the permit holder is not required to submit additional fingerprints.

L. Applications for renewal shall be accompanied by a fee determined by the director of the department of public safety.

M. The department of public safety shall suspend or revoke a permit issued under this section if the permit holder becomes ineligible pursuant to subsection E of this section.  The department of public safety shall notify the permit holder in writing within fifteen working days after the revocation or suspension and shall state the reasons for the revocation or suspension.

N. An applicant shall demonstrate competence with a firearm through any of the following:

1. Completion of any firearms safety or training course or class that is available to the general public, that is offered by a law enforcement agency, a junior college, a college or a private or public institution, academy, organization or firearms training school and that is approved by the department of public safety or that uses instructors who are certified by the national rifle association.

2. Completion of any hunter education or hunter safety course approved by the Arizona game and fish department or a similar agency of another state.

3. Completion of any national rifle association firearms safety or training course.

4. Completion of any law enforcement firearms safety or training course or class that is offered for security guards, investigators, special deputies or other divisions or subdivisions of law enforcement or security enforcement and that is approved by the department of public safety.

5. Evidence of current military service or proof of honorable discharge or general discharge under honorable conditions from the United States armed forces.

6. A valid current or expired concealed weapon, firearm or handgun permit or license that is issued by another state or a political subdivision of another state and that has a training or testing requirement for initial issuance.

7. Completion of any governmental police agency firearms training course and qualification to carry a firearm in the course of normal police duties.

8. Completion of any other firearms safety or training course or class that is conducted by a department of public safety approved or national rifle association certified firearms instructor.

O. The department of public safety shall maintain information comparing the number of permits requested, the number of permits issued and the number of permits denied. The department shall annually report this information electronically to the governor and the legislature.

P. The director of the department of public safety shall adopt rules for the purpose of implementing and administering this section including fees relating to permits that are issued pursuant to this section.

Q. This state and any political subdivision of this state shall recognize a concealed weapon, firearm or handgun permit or license that is issued by another state or a political subdivision of another state if both:

1. The permit or license is recognized as valid in the issuing state.

2. The permit or license holder is all of the following:

(a) Legally present in this state.

(b) Not legally prohibited from possessing a firearm in this state.

R. For the purpose of establishing mutual permit or license recognition with other states, the department of public safety shall enter into a written agreement if another state requires a written agreement.  The department of public safety shall submit an electronic report to the governor and the legislature each year that includes any changes that were made in the previous year to a written agreement with another state.

S. Notwithstanding the provisions of this section, a person with a concealed weapons permit from another state may not carry a concealed weapon in this state if the person is under twenty-one years of age or is under indictment for, or has been convicted of, a felony offense in any jurisdiction, unless that conviction is expunged, set aside or vacated or the person's rights have been restored and the person is currently not a prohibited possessor under state or federal law.

T. The department of public safety may issue certificates of firearms proficiency according to the Arizona peace officer standards and training board firearms qualification for the purposes of implementing the law enforcement officers safety act of 2004 (P.L. 108-277; 118 Stat. 865; 18 United States Code sections 926B and 926C). A law enforcement or prosecutorial agency shall issue to a qualified retired law enforcement officer who has honorably retired a photographic identification that states that the officer has honorably retired from the agency.  A person who was a municipal, county or state prosecutor is deemed to meet the qualifications of 18 United States Code section 926C(c)(2).  The chief law enforcement officer shall determine whether an officer has honorably retired and the determination is not subject to review.  A law enforcement or prosecutorial agency has no obligation to revoke, alter or modify the honorable discharge photographic identification based on conduct that the agency becomes aware of or that occurs after the officer has separated from the agency.  For the purposes of this subsection, "qualified retired law enforcement officer" has the same meaning prescribed in 18 United States Code section 926C.

U. The initial and renewal application fees collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the concealed weapons permit fund established by section 41-1722.

Arizona Administrative Rules R13-9-101 through R13-9-603 

Supp. 17-4

TITLE 13. Department of Public Safety Chapter 09. Department of Public Safety - Concealed Weapons Permits

R13-9-302 REMOVE Supp. 15-2 Pages: 1 - 9

Correction: Expired Rule Removed

REPLACE with Supp. 17-4 Pages: 1 - 9

The Council can answer questions about EXPIRED rules in this Chapter:

Name: Governor's Regulatory Review Council Address:

100 N 15th Ave #305 Phoenix, AZ 85007 Phone:

6(602) 542-2058

Disclaimer: Please be advised the person listed is the contact of record as submitted in the rulemaking package for this supplement. The contact and other information may change and is provided as a public courtesy.

PUBLISHER Arizona Department of State Office of the Secretary of State, Administrative Rules Division

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Within the stated calendar quarter, this Title contains all rules made, amended, repealed, renumbered, and recodified; or rules that have expired or were terminated due to an agency being eliminated under sunset law. These rules were either certified by the Governor’s Regulatory Review Council or the Attorney General’s Office; or exempt from the rulemaking process, and filed with the Office of the Secretary of State. Refer to the historical notes for more information. Please note that some rules you are about to remove may still be in effect after the publication date of this Supplement. Therefore, all superseded material should be retained in a separate binder and archived for future reference.

Supplement to the Arizona Administrative Code The official compilation of Arizona Rules Replacement Checklist

For rules filed in the fourth quarter between October 1 - December 31 2017

PREFACE

Under Arizona law, the Department of State, Office of the Secretary of State (Office), accepts state agency rule filings and is the publisher of Arizona rules. The Office of the Secretary of State does not interpret or enforce rules in the Administrative Code. Questions about rules should be directed to the state agency responsible for the promulgation of the rule.

Scott Cancelosi, Director ADMINISTRATIVE RULES DIVISION December 31, 2017

RULES A.R.S. § 41-1001(17) states: “‘Rule’ means an agency statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedures or practice requirements of an agency.”

THE ADMINISTRATIVE CODE The Arizona Administrative Code is where the official rules of the state of Arizona are published. The Code is the official codification of rules that govern state agencies, boards, and commissions. Virtually everything in your life is affected in some way by rules published in the Arizona Administrative Code, from the quality of air you breathe to the licensing of your dentist. This chapter is one of more than 230 in the Code compiled in 21 Titles.

ADMINISTRATIVE CODE SUPPLEMENTS Rules filed by an agency to be published in the Administrative Code are updated quarterly. Supplement release dates are printed on the footers of each chapter:

First Quarter: January 1 - March 31 Second Quarter: April 1 - June 30 Third Quarter: July 1 - September 30 Fourth Quarter: October 1 - December 31

For example, the first supplement for the first quarter of 2017 is cited as Supp. 17-1.

HOW TO USE THE CODE Rules may be in effect before a supplement is released by the Office. Therefore, the user should refer to issues of the Arizona Administrative Register for recent updates to rule Sections.

ARTICLES AND SECTIONS Rules in chapters are divided into Articles, then Sections. The “R” stands for “rule” with a sequential numbering and lettering system separated into subsections.

HISTORICAL NOTES AND EFFECTIVE DATES Historical notes inform the user when the last time a Section was updated in the Administrative Code. Be aware, since the Office publishes each quarter by entire chapters, not all Sections are updated by an agency in a supplement release. Many times just one Section or a few Sections may be updated in the entire chapter.

ARIZONA REVISED STATUTE REFERENCES The Arizona Revised Statutes (A.R.S.) are available online at the Legislature’s website, www.azleg.gov. An agency’s authority note to make rules is often included at the beginning of a chapter. Other Arizona statutes may be referenced in rule under the A.R.S. acronym.

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SESSION LAW REFERENCES Arizona Session Law references in the introduction of a chapter can be found at the Secretary of State’s website, www.azsos.gov/services/legislative-filings.

EXEMPTIONS FROM THE APA It is not uncommon for an agency to be exempt from the steps outlined in the rulemaking process as specified in the Arizona Administrative Procedures Act, also known as the APA (Arizona Revised Statutes, Title 41, Chapter 6, Articles 1 through 10). Other agencies may be given an exemption to certain provisions of the Act.

An agency's exemption is written in law by the Arizona State Legislature or under a referendum or initiative passed into law by Arizona voters.

When an agency files an exempt rulemaking package with our Office it specifies the law exemption in what is called the pre- amble of rulemaking. The preamble is published in the Arizona Administrative Register online at www.azsos.gov/rules, click on the Administrative Register link.

In the Administrative Code the Office includes editor’s notes at the beginning of a chapter indicating that certain rulemaking Sections were made by exempt rulemaking. Exempt rulemaking notes are also included in the historical note at the end of a rulemaking Section.

The Office makes a distinction to certain exemptions because some rules are made without receiving input from stakeholders or the public. Other exemptions may require an agency to propose exempt rules at a public hearing.

EXEMPTIONS AND PAPER COLOR If you are researching rules and come across rescinded chapters on a different paper color, this is because the agency filed a Notice of Exempt Rulemaking. At one time the office published exempt rules on either blue or green paper. Blue meant the authority of the exemption was given by the Legislature; green meant the authority was determined by a court order. In 2001 the Office discontinued publishing rules using these paper colors.

PERSONAL USE/COMMERCIAL USE This chapter is posted as a public courtesy online, and is for private use only. Those who wish to use the contents for resale or profit should contact the Office about Commercial Use fees. For information on commercial use fees review A.R.S. § 39-121.03 and 1 A.A.C. 1, R1-1-113.

Public Services managing rules editor, Rhonda Paschal, assisted with the editing of this chapter.

Arizona Administrative Code Title 13, Ch. 9 Department of Public Safety – Concealed Weapons Permits

TITLE 13. PUBLIC SAFETY

CHAPTER 9. DEPARTMENT OF PUBLIC SAFETY - CONCEALED WEAPONS PERMITS

ARTICLE 1. GENERAL PROVISIONS Section R13-9-101. Definitions ........................................................... 2 R13-9-102. Application and Processing Fees ......................... 2 R13-9-103. Application Forms ............................................... 2 R13-9-104. Time-frames for Department Action on

Applications ......................................................... 3 Table 1. Time-frames for Department Action on

Applications (in days) .......................................... 4 R13-9-105. Repealed .............................................................. 4 R13-9-106. Repealed .............................................................. 4 R13-9-107. Repealed .............................................................. 4 R13-9-108. Repealed .............................................................. 4 R13-9-109. Repealed .............................................................. 4 R13-9-110. Repealed .............................................................. 4 R13-9-111. Repealed .............................................................. 4 R13-9-112. Repealed .............................................................. 4 R13-9-113. Repealed .............................................................. 4 ARTICLE 2. CONCEALED WEAPONS PERMIT: APPLICATION; RENEWAL; RESPONSIBILITIES Article 2, consisting of Sections R13-9-201 thru R13-9-208, made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Section R13-9-201. Concealed Weapons Permit Eligibility ................ 4 R13-9-202. Application for a Concealed Weapons Permit ..... 4 R13-9-203. Issuance of a Concealed Weapons Permit ........... 5 R13-9-204. Renewal of Concealed Weapons Permit .............. 5 R13-9-205. Permit Holder Responsibilities ............................ 6 R13-9-206. Lost, Stolen, or Damaged Concealed Weapons

Permit ................................................................... 6 R13-9-207. Repealed .............................................................. 6 R13-9-208. Change in Name of Permit Holder ...................... 6 ARTICLE 3. FIREARMS-SAFETY TRAINING: ORGANIZATIONS AND INSTRUCTORS

Article 3, consisting of Sections R13-9-301 thru R13-9-309, made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4).

December 31, 2017 Page 1 Supp. 17-4

Section R13-9-301. Repealed ...............................................................6 R13-9-302. Expired .................................................................6 R13-9-303. Repealed ...............................................................6 R13-9-304. Repealed ...............................................................6 R13-9-305. Expired .................................................................6 R13-9-306. Repealed ...............................................................6 R13-9-307. Expired .................................................................7 R13-9-308. Expired .................................................................7 R13-9-309. Expired .................................................................7 R13-9-310. Expired .................................................................7

ARTICLE 4. CERTIFICATE OF FIREARMS PROFICIENCY

Article 4, consisting of Sections R13-9-401 and R13-9-402, made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Section R13-9-401. Certificate of Firearms Proficiency Eligibility .....7 R13-9-402. Application for a Certificate of Firearms

Proficiency ............................................................7 R13-9-403. Issuance of a Certificate of Firearms Proficiency 7 R13-9-404. Renewal of a Certificate of Firearms Proficiency.8 R13-9-405. Certificate Holder Responsibilities ......................8 ARTICLE 5. LEOSA-RECOGNIZED INSTRUCTORS

Article 5, consisting of Sections R13-9-501 and R13-9-502, made by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Section R13-9-501. Application for Recognition as a LEOSA

Instructor ...............................................................8 R13-9-502. LEOSA Instructor Responsibilities ......................8 ARTICLE 6. HEARINGS AND DISCIPLINARY PROCEEDINGS Section R13-9-601. Suspension and Revocation ..................................8 R13-9-602. Hearing Procedures ..............................................9 R13-9-603. Rehearing or Review of Decision .........................9

Title 13, Ch. 9 Arizona Administrative Code

Department of Public Safety – Concealed Weapons Permits

ARTICLE 1. GENERAL PROVISIONS R13-9-101. Definitions In this Chapter, unless otherwise specified:

1. “Adequate documentation” has the same meaning as pre-

scribed in A.R.S. § 13-3112(E)(6). 2. “Administrative completeness review time-frame” has the same meaning as prescribed in A.R.S. § 41-1072. 3. “Applicant” means an individual or organization that submits an application form and the required fee to the Department for: a. A Concealed Weapons Permit, b. Renewal of a Concealed Weapons Permit, c. Firearms-safety instructor authorization, d. Renewal of firearms-safety instructor authorization, e. Firearms-safety training organization authorization, f. A certificate of firearms proficiency, or g. Recognition as a firearms-proficiency instructor. 4. “Certificate of firearms proficiency” means a document issued by the Department to an individual who meets the requirements of LEOSA. 5. “Classifiable fingerprints” means fingerprint impressions that meet the criteria of the Federal Bureau of Investigation, as contained in Form FD-258 (Rev. 5-11-99), published by the U.S. Government Printing Office. This form is incorporated by reference and available from the Department and the FBI (Attn: Logistical Support Unit, CJIS Division, 1000 Custer Hollow Road, Clarksburg, WV 26306) or online at www.bookstore.gpo.gov. The material incorporated by reference contains no future editions or amendments. 6. “Completion certificate” means adequate documentation that an individual completed an eight-hour, Department- authorized, firearms-safety training program. 7. “Department” means the Department of Public Safety. 8. “Director” means the Director of the Arizona Department

of Public Safety. 9. “Firearm” has the same meaning as prescribed in A.R.S.

§ 13-3101. 10. “Firearms-safety instructor” means an individual who is authorized under this Chapter to conduct firearms-safety training. 11. “Firearms-safety training program” means a course of instruction in the safe and lawful use of a firearm that is authorized by the Department and meets the requirements of A.R.S. § 13-3112(O). 12. “Honorably retired peace officer” means an individual who separates from a law enforcement agency after at least 10 years of service, receives a medical, disability, or regular retirement pension or annuity as a result of qualifying years of service as a peace officer, and has a letter from the law enforcement agency confirming these facts. 13. “LEOSA” means the federal Law Enforcement Officers

Safety Act of 2004. 14. “LEOSA instructor” means an individual who is certified by POST as a firearms instructor and authorized by the Department to provide training to individuals seeking a certificate of firearms proficiency. 15. “Live ammunition” means a cartridge consisting of a case, primer, propellant powder, and a single metallic projectile, no less than 30 grain, and with a velocity more than 500 feet per second when fired. Live ammunition does not include simulated, marking, or rubber projectile ammunition. 16. “NRA” means the National Rifle Association. 17. “Organization” means a person or entity legally established under all applicable federal, state, city, and county law and authorized to conduct business in Arizona that is authorized by the Department to teach a Department- authorized firearms-safety training program to applicants.

18. “Original application” means a form referenced in this Chapter that is not a copy and contains the original signature of an applicant. 19. “Party” has the same meaning as prescribed in A.R.S. §

41-1001. 20. “Peace officer” has the same meaning as prescribed in

A.R.S. § 13-105. 21. “Permit” means an identification card issued by the Department that authorizes the named holder to carry concealed weapons subject to the requirements of A.R.S. § 13-3112 and this Chapter. 22. “Permit holder” means an individual who has a Depart-

ment-issued permit to carry concealed weapons. 23. “POST” means the Arizona Peace Officer Standards and

Training Board. 24. “Prohibited possessor” has the same meaning as prescribed in A.R.S. § 13-3101(6) and means any individual to whom it is unlawful to sell or otherwise dispose of a firearm under 18 U.S.C. 922(d) or (g). 25. “Qualified retired officer” means a qualified retired law

enforcement officer as defined by 18 U.S.C. 926C(c). 26. “Resident” has the same meaning as prescribed in A.R.S.

§ 28-2001. 27. “Responsible party” means an individual who is responsible for administration of an authorized firearms-safety training organization and who serves as the contact between the organization and the Department. 28. “Substantive review time-frame” has the same meaning

as prescribed in A.R.S. § 41-1072. 29. “Weapon” has the same meaning as deadly weapon as

defined in A.R.S. § 13-3101.

Historical Note Adopted effective January 12, 1996 (Supp. 96-1). Amended by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4).

R13-9-102. Application and Processing Fees A. Under the authority provided by A.R.S. § 13-3112, the Depart-

ment establishes and shall collect the following fees: 1. New Concealed Weapons Permit – $43; 2. Renewal of a Concealed Weapons Permit – $43; 3. Certificate of firearms proficiency – $20; 4. Replacing a lost, stolen, or damaged permit or certificate

– $10; 5. Name change on a permit or certificate – $10. B. The Department shall collect a fee in an amount necessary to cover the cost of federal and state fingerprint processing for criminal history record checks from all applicants required under this Chapter to submit fingerprints for a criminal history record check. C. An applicant shall submit the required fees by a cashier’s or certified check or money order made payable to the Arizona Department of Public Safety. The Department does not accept credit cards or personal checks. All fees are non-refundable unless A.R.S. § 41-1077 applies.

Historical Note Adopted effective January 12, 1996 (Supp. 96-1). Section repealed; new Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4).

R13-9-103. Application Forms A. The Department shall provide and an applicant shall use an

application form for:

Supp. 17-4 Page 2 December 31, 2017

Arizona Administrative Code Title 13, Ch. 9 Department of Public Safety – Concealed Weapons Permits

1. An initial Concealed Weapons Permit or renewal of the

3. The Department and applicant may agree in writing to permit,

extend the time in subsection (C)(2) upon written request 2. A firearms-safety instructor authorization or renewal of

by the applicant before the end of the time. the authorization,

4. If the applicant fails to provide the missing documents 3. Authorization of a firearms-safety training organization, and information within the time allowed, the Department 4. A certificate of firearms proficiency, or shall close the applicant’s file. If an individual whose file 5. Authorization as a LEOSA instructor. is closed wants to be considered further for a permit or B. Application forms may be obtained from the Concealed Weapons approval, the individual shall submit a new application ons Permit Unit of the Department or online at under R13-9-202, R13-9-204, R13-9-308, or R13-9-309. www.azdps.gov/ccw. Upon request, the Concealed Weapons

D. The substantive review time-frame listed in Table 1 begins on Permit Unit shall advise an individual or organization of other the date that the Department determines an application is locations where application forms may be obtained. administratively complete. Historical Note Adopted effective January 12, 1996 (Supp. 96-1). Section repealed; new Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4).

1. During the substantive review time-frame, the Department may make one comprehensive written request for additional information. The Department and applicant may agree in writing to allow the Department to make a supplemental request for additional information. 2. From the date of the comprehensive request for additional information, the applicant shall submit to the Department, within the time for response to a comprehensive request R13-9-104. Time-frames for Department Action on Applications A. For the purpose of compliance with A.R.S. § 41-1072 et seq., the Department establishes the time-frames listed in Table 1. Under A.R.S. § 41-1073(E)(2), the Department is not establishing a time-frame for issuance of the following licenses because the Department shall grant or deny each license within seven days after receipt of an application: 1. Authorization of a firearms-safety training organization

under R13-9-302, 2. A certificate of firearms proficiency under R13-9-402,

and 3. Recognition as a LEOSA instructor under R13-9-501. B. An administratively complete application consists of all the

information and documents listed in: 1. R13-9-202 for a Concealed Weapons Permit, 2. R13-9-204 for renewal of a Concealed Weapons Permit, 3. R13-9-308 for a firearms-safety instructor authorization,

or 4. R13-9-309 for renewal of a firearms-safety instructor

authorization. C. The administrative completeness review time-frame listed in Table 1 begins on the date the Department receives an application. 1. If the application is not administratively complete when received, the Department shall send a notice of deficiency to the applicant. The Department shall include in the deficiency notice a list of the documents and information needed to complete the application. 2. From the date of the deficiency notice, the applicant shall submit to the Department, within the time for response to a deficiency notice provided in Table 1, the missing documents and information. The time-frame for the Department to finish the administrative completeness review is

provided in Table 1, the additional information. The time- frame for the Department to finish the substantive review of the application is suspended from the date of the comprehensive request for additional information until the Department receives the additional information. 3. The Department and applicant may agree in writing to extend the time in subsection (D)(2) upon written request by the applicant before the end of the time. 4. If the applicant fails to provide the additional information within the time allowed, the Department shall close the applicant’s file. If an individual whose file is closed wants to be considered further for a permit or approval, the individual shall submit a new application under R13- 9-202, R13-9-204, R13-9-308, or R13-9-309. E. When the substantive review is complete, the Department shall inform the applicant in writing of its decision whether to grant or deny a permit or authorization to the applicant. F. The Department shall deny a permit, certificate, authorization, or recognition if it determines that the applicant does not meet all criteria required by statute and rule. 1. The Department shall include in its notice of denial the information required under A.R.S. § 41-1092.03(A). 2. Under A.R.S. § 13-3112(H), an individual who is denied a Concealed Weapons Permit may submit additional documentation to the Department within 20 days of receipt of the notice of denial and the Department shall reconsider its denial. 3. An applicant who is denied a permit, certificate, authorization, or recognition may appeal the Department’s decision under A.R.S. Title 41, Chapter 6, Article 10. G. The Department shall grant a permit, certificate, authorization, or recognition if it determines that the applicant meets all criteria required by statute and rule.

Historical Note suspended from the date of the deficiency notice until the

Adopted effective January 12, 1996 (Supp. 96-1). Section date the Department receives the missing documents and

repealed; new Section made by final rulemaking at 10 information.

A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4).

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Table 1. Time-frames for Department Action on Applications (in days)

Application Type Administrative

Review Time-frame

Time Response for

to Deficiency Notice

Historical Note Table 1 made by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4).

R13-9-105. Repealed

Historical Note Adopted effective January 12, 1996 (Supp. 96-1). Section repealed by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4).

R13-9-106. Repealed

Historical Note Adopted effective January 12, 1996 (Supp. 96-1). Section repealed by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4).

R13-9-107. Repealed

Historical Note Adopted effective January 12, 1996 (Supp. 96-1). Section repealed by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4).

R13-9-108. Repealed

Historical Note Adopted effective January 12, 1996 (Supp. 96-1). Section repealed by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4).

R13-9-109. Repealed

Historical Note Adopted effective January 12, 1996 (Supp. 96-1). Section repealed by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4).

R13-9-110. Repealed

Historical Note Adopted effective January 12, 1996 (Supp. 96-1). Section repealed by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4).

R13-9-111. Repealed

Historical Note Adopted effective January 12, 1996 (Supp. 96-1). Section repealed by final rulemaking at 10 A.A.R. 4752, effective

Substantive Review Time-frame

Time to Comprehensive for Response

Request

Over-all Time-frame

Concealed Weapons Permit R13-9-202

14 40 46 20 60

Renewal of Concealed Weapons Permit R13-9-204

14 40 46 20 60

Authorization of Firearms- safety Instructor R13-9-308

14 40 46 20 60

Renewal of Authorization of Firearms-safety Instructor R13-9-309

14 40 46 20 60

January 1, 2005 (Supp. 04-4).

R13-9-112. Repealed

Historical Note Adopted effective January 12, 1996 (Supp. 96-1). Section repealed by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4).

R13-9-113. Repealed

Historical Note Adopted effective January 12, 1996 (Supp. 96-1). Section repealed by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4).

APPLICATION; ARTICLE 2. CONCEALED RENEWAL; WEAPONS RESPONSIBILITIES PERMIT:

R13-9-201. Concealed Weapons Permit Eligibility A. Except as provided in subsection (B), an applicant for a Concealed Weapons Permit shall meet all requirements under A.R.S. § 13-3112(E), and not currently be a prohibited possessor under state or federal law. B. An applicant is exempt from the training requirement in

A.R.S. § 13-3112(E)(6) if the applicant: 1. Is an active federally credentialed law enforcement offi-

cer; 2. Is an active POST-certified peace officer; 3. Is an active county detention officer and weapons certi-

fied by the officer’s employing agency; or 4. Is an honorably retired federal, state, or local peace offi-

cer with at least 10 years of active service.

Historical Note New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4).

R13-9-202. Application for a Concealed Weapons Permit To obtain a Concealed Weapons Permit, an applicant who is eligible under R13-9-201 shall:

1. Submit to the Department an original application, using a form available from the Department, that includes the following information: a. Full legal name; b. County of residence and residential address, including zip code, or descriptive location of residence if an address is not assigned;

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Arizona Administrative Code Title 13, Ch. 9 Department of Public Safety – Concealed Weapons Permits

c. Mailing address if different from residential address;

d. Submit two full sets of classifiable fingerprints; and d. Social Security number (optional);

e. Submit the fees required under R13-9-102(A) and e. Contact telephone numbers;

(B). f. Descriptive information about the applicant including race, gender, height, weight, eye and hair colors, and date and place of birth; g. A statement of whether the applicant:

i. Is a citizen of the United States; ii. Was born outside of the United States or one of

its territories; Historical Note New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4). iii. Has satisfactorily completed the firearms-

R13-9-203. Issuance of a Concealed Weapons Permit safety training program;

A. If an applicant meets the requirements of A.R.S. § 13-3112 iv. Is currently under indictment for a felony

and this Chapter and is not currently a prohibited possessor offense;

under state or federal law, the Department shall issue to the v. Has ever been convicted of a felony offense, and if so, whether the conviction was expunged, set aside, or vacated, or whether the applicant’s civil rights were restored; vi. Is currently under indictment for a misde-

meanor domestic violence offense; vii. Has ever been convicted for a misdemeanor domestic violence offense and if so, whether the conviction was expunged, set aside, or vacated; viii. Has been discharged from the United States

Armed Forces under dishonorable conditions; ix. Suffers from a mental illness and has ever been adjudicated mentally incompetent or committed to a mental institution by court order; and x. Is an active-duty POST-certified Arizona peace officer, federally credentialed peace officer, weapons-certified county detention officer, or

applicant a Concealed Weapons Permit containing: 1. The permit holder’s legal name, as shown on the applica-

tion; 2. The permit holder’s date of birth; 3. The permit holder’s physical description, including race,

gender, height, weight, and hair and eye colors; 4. A permit number; 5. The dates of issuance and expiration; and 6. The title of the permit, “State of Arizona Concealed

Weapons Permit.” B. The Department shall mail the permit to the residential or

mailing address shown on the application.

Historical Note New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4). honorably retired federal, state, or local peace officer with at least 10 years of service; and h. The applicant’s dated signature attesting that the information provided in the application is true to the best of the applicant’s knowledge. 2. In addition to the application form required under subsec-

tion (1), an applicant shall: a. Submit adequate documentation obtained within the

last 60 months; or b. If exempt from the training requirement under A.R.S. § 13-3112(E)(6), submit a letter on official

R13-9-204. Renewal of Concealed Weapons Permit A. A Concealed Weapons Permit expires five years after it is issued. If a Concealed Weapons Permit expires, the former permit holder shall not unlawfully carry a concealed weapon until the former permit holder applies for and is issued a new Concealed Weapons Permit. B. To renew a Concealed Weapons Permit, the permit holder shall, no more than 90 days before or 60 days after the date of expiration: 1. Submit to the Department the application required under

R13-9-202(1); letterhead of the agency employing or from which

2. Submit the fee required under R13-9-102(A); the applicant is honorably retired that;

3. If not a citizen of the United States, submit a copy of the i. States that the applicant’s duties are or were

front and back of the federally issued document that primarily the investigation and apprehension of individuals suspected of violating criminal laws; and ii. Includes the applicant’s name, job title or position, dates of employment, current employment status, and the name and telephone number of an individual who can verify the information provided; c. Submit a copy of one of the following if born outside the United States or one of its territories or if not a citizen of the United States: i. Certificate of naturalization, ii. Both the front and back of a permanent resident alien card, USCIS Form I-94, or other federally issued document authorizing the applicant to be in the United States, iii. Record of birth abroad to an American citizen, iv. Record of birth to Armed Service personnel, or v. Passport issued by the United

States;

authorizes the permit holder to be in the United States; and C. If a former permit holder fails to comply with subsection (B), the former permit holder may obtain a new Concealed Weapons Permit only by complying with all provisions of R13-9- 202. D. If a permit holder is a member of the United States armed forces, Arizona national guard, or reserves of any military establishment of the United States and is on federal active duty and deployed overseas at the time the permit holder’s Concealed Weapons Permit expires, the permit holder may renew the permit by complying with subsection (B) within 90 days after the end of the overseas deployment. To renew a permit under this subsection, the permit holder shall include evidence of the deployment with the renewal application.

Historical Note New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R.

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4658, effective January 31, 2009 (Supp. 08-4).

R13-9-205. Permit Holder Responsibilities A. Upon request of any peace officer, a permit holder who is in actual possession of a concealed weapon shall present the per- mit to the peace officer for inspection. If the permit does not include a photograph of the permit holder, the permit holder shall also present one of the following types of official photographic identification: 1. Driver license issued by any state, 2. Military identification card, 3. Identification license issued under A.R.S. § 28-3165, or 4. Passport. B. A permit holder shall not deface, alter, mutilate, reproduce,

lend, transfer, or sell a permit. C. To ensure timely communication from the Department, a permit holder shall provide notice to the Department within 10 days after a change of address. D. A permit holder shall inform the Department by telephone within 72 hours if the permit holder is arrested or indicted for an offense that would make the permit holder unqualified under A.R.S. § 13-3112 or if the permit holder becomes a prohibited possessor.

Historical Note New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1).

R13-9-206. Lost, Stolen, or Damaged Concealed Weapons Permit A. A permit holder whose Concealed Weapons Permit is lost, stolen, or damaged shall notify the Department in writing within 10 days of determining that the permit is lost, stolen, or damaged. When advised of a lost, stolen, or damaged permit, the Department shall invalidate the permit. The permit holder shall not carry a concealed weapon until the Department issues a replacement permit. B. The Department shall issue a replacement permit to a permit

holder who: 1. Submits a written request; 2. Submits the fee specified in R13-9-102; and 3. Returns the permit if it is damaged. C. The Department shall ensure that the replacement permit has the same expiration date as the lost, stolen, or damaged permit.

Historical Note New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4).

R13-9-207. Repealed

Historical Note New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Section repealed by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1).

R13-9-208. Change in Name of Permit Holder A. A permit holder whose name is legally changed shall provide written notice to the Department and request a revised Concealed Weapons Permit within 10 days of the name change. The permit holder shall ensure that the written request for a revised Concealed Weapons Permit: 1. Contains both the previous and new names, 2. Is accompanied by a copy of the court document or mar-

riage certificate authorizing the name change, and

3. Includes the fee specified in R13-9-102. B. Within 15 working days after receipt of a request for a revised permit, the Department shall mail the revised permit to the permit holder. C. The Department shall ensure that a revised permit has the

same expiration date as the previous permit. D. Upon receipt of a revised permit, the permit holder shall return

the previous permit to the Department.

Historical Note New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4).

ARTICLE ORGANIZATIONS 3. FIREARMS-SAFETY AND INSTRUCTORS

TRAINING:

R13-9-301. Repealed

Historical Note New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Section repealed by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1).

R13-9-302. Expired

Historical Note New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 795, effective March 27, 2015; expired Section removed in Supp. 17- 4.

R13-9-303. Repealed

Historical Note New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Section repealed by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1).

R13-9-304. Repealed

Historical Note New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Section repealed by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1).

R13-9-305. Expired

Historical Note New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R 4658, effective January 31, 2009 (Supp. 08-4). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 795, effective March 27, 2015 (Supp. 15-2).

R13-9-306. Repealed

Historical Note New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Section repealed by final rulemaking at 13 A.A.R. 550, effective April 7, 2007

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Arizona Administrative Code Title 13, Ch. 9 Department of Public Safety – Concealed Weapons Permits

(Supp. 07-1).

f. Is not under the influence of alcohol or another

R13-9-307. Expired

intoxicating or hallucinatory drug or substance; and g. Is not prohibited by federal law from possessing a Historical Note

firearm. New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R 4658, effective January 31, 2009 (Supp. 08-4). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 795, effective March 27, 2015 (Supp. 15-2).

Historical Note New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Former R13-9-401 renumbered to R13-9-601; new R13-9-401 made by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1).

R13-9-308. Expired

R13-9-402. Application for a Certificate of Firearms Proficiency Historical Note New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R 4658, effective January 31, 2009 (Supp. 08-4). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 795, effective March 27, 2015 (Supp. 15-2).

To obtain a certificate of firearms proficiency, an applicant who is eligible under R13-9-401 shall submit:

1. An original application, using a form available from the Department, which provides the following information about the applicant: a. Full legal name; b. Residential address or descriptive location of residence if an address is not assigned; c. Mailing address if different from the residential R13-9-309. Expired address; Historical Note New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R 4658, effective January 31, 2009 (Supp. 08-4). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 795, effective March 27, 2015 (Supp. 15-2).

d. Social Security number (optional); e. Telephone number; f. E-mail address; g. Descriptive information including race, gender, height and weight, eye and hair colors, and date and place of birth; h. Name and address of the law enforcement agency from which the applicant is retired; and i. The applicant’s dated signature affirming that the R13-9-310. Expired information provided is true and accurate; Historical Note New Section made by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R 4658, effective January 31, 2009 (Supp. 08-4). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 795, effective March 27, 2015 (Supp. 15-2).

2. Documentation that the applicant met the requirement

under R13-9-401(2)(e) within the last 12 months; 3. A copy of photographic identification from a law enforcement agency indicating that the applicant is retired from the agency; 4. A letter from the law enforcement agency from which the

applicant is retired that: ARTICLE 4. CERTIFICATE OF FIREARMS PROFICIENCY

a. Is on agency letterhead, b. Includes the applicant’s name, rank, employee or R13-9-401. Certificate of Firearms Proficiency Eligibility To be eligible to receive a LEOSA-authorized certificate of firearms proficiency from the Department, an individual

shall:

1. Be a resident of Arizona; and 2. Be a qualified retired law enforcement officer. An individual is a qualified retired law enforcement officer if the individual: a. Is retired in good standing from service with a public agency as a law enforcement officer for a reason other than mental instability; b. While in service as a law enforcement officer, was authorized by law to engage in or supervise the prevention, detection, investigation, prosecution, or incarceration of a person for any violation of law,

badge number, dates of employment, and retired status; and c. Provides the name and telephone number of an individual within the agency who can verify the information provided; and 5. The fee required under R13-9-102.

Historical Note New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Former R13-9-402 renumbered to R13-9-603; new R13-9-402 made by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R 4658, effective January 31, 2009 (Supp. 08-4). and had statutory powers of arrest; c. Was regularly employed as a law enforcement officer for a total of 15 years or more or, if employed as a law enforcement officer for fewer than 15 years, retired after any applicable probationary period of service due to a service-connected disability, as determined by the agency; d. Has a non-forfeitable right to benefits under the

retirement plan of the agency; e. Meets the training and qualification standards of an active-duty law enforcement officer in Arizona; R13-9-403. Issuance of a Certificate of Firearms Proficiency The Department shall issue a certificate of firearms proficiency to an individual who is eligible under R13-9-401 and submits the information and documents required under R13-9-402. The Department shall ensure that the certificate of firearms proficiency contains:

1. The following information about the certificate holder:

a. Legal name as shown on the application submitted

under R13-9-402; b. Birth date;

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c. Physical description including race, gender, height

and weight, and eye and hair colors; and d. Name of the law enforcement agency from which

retired; 2. The statement, “Retired Law Enforcement Officer,” fol-

lowing the certificate holder’s name; 3. A certificate number; 4. The date of qualification; 5. The title “Retired Law Enforcement Officer’s Certificate

of Firearms Proficiency”; and 6. A brief statement on the reverse side identifying the cer-

tificate and its purpose.

Historical Note New Section made by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R 4658, effective January 31, 2009 (Supp. 08-4).

R13-9-404. Renewal of a Certificate of Firearms Proficiency A. A certificate of firearms proficiency expires one year after the

date of qualification. B. To renew a certificate of firearms proficiency before it expires, the certificate holder shall comply with the requirements in R13-9-402(1), (2), and (5). C. If a certificate of firearms proficiency expires, the former certificate holder may obtain a new certificate only by complying with all of the requirements in R13-9-402.

Historical Note New Section made by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R 4658, effective January 31, 2009 (Supp. 08-4).

R13-9-405. Certificate Holder Responsibilities A. A certificate holder who is in actual possession of a concealed

weapon shall also be in possession of: 1. Photographic identification issued by a law enforcement agency indicating that the certificate holder is a retired law enforcement officer; and 2. The certificate of firearms proficiency issued under R13-

9-403. B. On request by any peace officer, a certificate holder who is in actual possession of a concealed weapon shall present the documents listed in subsection (A).

Historical Note New Section made by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1).

ARTICLE 5. LEOSA-RECOGNIZED INSTRUCTORS R13-9-501. Application for Recognition as a LEOSA Instructor A. To be recognized as a LEOSA instructor, an individual shall: 1. Be certified as a firearms instructor by POST; and 2. Submit an application, available from the Department, which provides the following information about the applicant: a. Name, b. Mailing address, c. Telephone number, d. E-mail address, e. Social Security number (optional), and f. Name of the law enforcement agency with which the

applicant is or was employed. B. After receiving the application required under subsection (A)(2) and confirming that the applicant is certified by POST as a firearms instructor, the Department shall recognize the

applicant as a LEOSA instructor and assign a LEOSA-instructor number.

Historical Note New Section made by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R 4658, effective January 31, 2009 (Supp. 08-4).

R13-9-502. LEOSA Instructor Responsibilities An individual recognized by the Department as a LEOSA instructor shall:

1. Comply with all POST firearms-certification rules and requirements when performing firearms-qualification services for a retired law enforcement officer; 2. Complete the documentation required under R13-9- 402(2) for a retired law enforcement officer who successfully completes the firearms-qualification requirement; 3. Maintain for five years the following information about a retired law enforcement officer to whom firearms-qualification services are provided: a. Name and age of the retired law enforcement officer at the time firearms-qualification services are pro- video; b. Date and number of hours that the retired law enforcement officer received firearms-qualification services; c. Physical location at which firearms-qualification

services were provided; d. Name of LEOSA instructor and LEOSA-instructor

number; and e. Whether the retired law enforcement officer passed, failed, or withdrew from the firearms qualification; and 4. Provide notice to the Department within 10 days:

a. Of a change in mailing address or telephone number; b. Of a change in the information regarding the LEOSA instructor posted on the Department’s web site; c. If the individual no longer wants to be recognized as

a LEOSA instructor; and d. If the individual’s POST certification as a firearms

instructor is suspended or revoked.

Historical Note New Section made by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). ARTICLE 6. HEARINGS AND DISCIPLINARY PROCEEDINGS R13-9-601. Suspension and Revocation A. If a permit holder is arrested or indicted for an offense that would disqualify the permit holder under A.R.S. § 13-3112 or if the permit holder is a prohibited possessor, the Department shall immediately suspend and seize the permit. The Department shall restore the permit under the conditions specified in A.R.S. § 13-3112(C). B. If an authorized firearms-safety instructor becomes a prohibited possessor under state or federal law, the Department shall immediately suspend the authorization of the firearms-safety instructor. C. If a permit holder is convicted of an offense that disqualifies the permit holder under A.R.S. § 13-3112, the Department shall revoke the permit. The Department shall restore the permit under the conditions specified in A.R.S. § 13-3112(C). D. After providing notice and an opportunity for hearing, the Department shall suspend or revoke a permit or Department authorization if the Department determines that the permit

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Arizona Administrative Code Title 13, Ch. 9 Department of Public Safety – Concealed Weapons Permits

holder or authorized firearms-safety training organization or firearms-safety instructor: 1. Failed to maintain all conditions specified in A.R.S. § 13-

3112 and this Chapter; or 2. Provided false, incomplete, or misleading information to

the Department. E. If the Department revokes a permit or authorization, the affected individual or firearms-safety training organization shall not apply for another permit or authorization for at least two years from the date of revocation. F. If the Department determines that emergency action is required to suspend a permit or Department authorization, the Department shall send a notice of summary suspension by certified mail to the last known address of the individual or firearms-safety training organization. The Department shall ensure that the notice includes all requirements under A.R.S. § 41-1092 et seq. G. Upon receipt of a notice of a summary suspension or final administrative decision suspending or revoking a permit or authorization: 1. The permit holder shall not unlawfully carry a concealed weapon and shall return the permit to the Department within five working days; 2. The firearms-safety instructor shall immediately stop conducting firearms-safety training, and a firearms-safety training organization shall ensure that a suspended or revoked firearms-safety instructor teaching for the organization immediately stops conducting firearms-safety training for applicants for Concealed Weapons Permits; and 3. The firearms-safety training organization shall immediately stop sponsoring firearms-safety training for applicants for Concealed Weapons Permits. H. The Department shall require that a permit be surrendered or

seize a permit when required to do so under law.

Historical Note Section R13-9-601 renumbered from R13-9-401 and amended by final rulemaking at 13 A.A.R. 550, effective

April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R 4658, effective January 31, 2009 (Supp. 08-4).

R13-9-602. Hearing Procedures The Department shall conduct all hearings according to the procedures in A.R.S. Title 41, Chapter 6, Article 10 and the rules issued by the Office of Administrative Hearings. Historical Note New Section made by final

rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1).

R13-9-603. Rehearing or Review of Decision A. The Department shall provided for a rehearing and review of its decisions under A.R.S. Title 41, Chapter 6, Article 10 and the rules issued by the Office of Administrative Hearings. B. Within 30 days after the Department enters a final administrative decision, the affected individual or firearms-safety training organization may, but is not required to, file a motion for rehearing or review of the decision. C. A party may amend a motion for rehearing or review at any time before the Department rules on the motion.

December 31, 2017 Page 9 Supp. 17-4 D. The Department may grant a rehearing or review for any of the

following reasons materially affecting a party’s rights: 1. Irregularity in the proceedings of the Department or any order or abuse of discretion that deprived the moving party of a fair hearing; 2. Misconduct by the Department, its staff, or an administrative law judge; 3. Accident or surprise that could not have been prevented

by ordinary prudence; 4. Newly discovered evidence that could not, with reasonable diligence, have been discovered and produced at the hearing; 5. Excessive penalty; 6. Error in the admission or rejection of evidence or other errors of law occurring at the hearing or during the progress of the proceedings; or 7. The findings of fact or decision is not justified by the evi-

dence or is contrary to law. E. The Department may affirm or modify a decision or grant a rehearing or review to all or some of the parties on all or some of the issues for any of the reasons in subsection (D). An order modifying a decision or granting a rehearing or review shall specify with particularity the grounds for the order. If a rehearing or review is granted, the rehearing or review shall cover only the matters specified in the order. F. Not later than 15 days after the date of a decision, and after giving the parties notice and an opportunity to be heard, the Department may, on its own initiative, order a rehearing or review of its decision for any reason it might have granted a rehearing or review on motion of a party. The Department may grant a motion for rehearing or review, timely served, for a reason not stated in the motion. An order granting a rehearing or review shall specify the grounds on which the rehearing or review is granted. G. When a motion for rehearing or review is based upon affidavits, they shall be served with the motion. An opposing party may serve opposing affidavits within 15 days after service of the motion. This period may be extended by the Department for a maximum of 20 days for good cause as described in subsection (H) or upon written stipulation of the parties. Reply affidavits may be permitted. H. The Department may extend all time limits listed in this Section upon a showing of good cause. A party demonstrates good cause by showing that the grounds for the party’s motion or other action could not have been known in time, using reasonable diligence, and a ruling on the motion will: 1. Further administrative convenience, expedition, or econ-

omy; or 2. Avoid undue prejudice to any party. I. If, in a particular decision, the Department makes a specific finding that the immediate effectiveness of the decision is necessary for preservation of the public health, safety, or welfare, the decision may be issued as a final decision without an opportunity for rehearing or review. If an application for judicial review of the decision is made, it shall be made under A.R.S. § 12-901 et seq. Historical Note Section R13-9-603 renumbered from R13-9-402. Section repealed; new Section made by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1).

Arizona’s CCW Web link: https://www.azdps.gov/services/public/cwp

Utah -

STATE OF UTAH

DEPARTMENT OF PUBLIC SAFETY

BUREAU OF CRIMINAL IDENTIFICATION

MINIMUM TRAINING CURRICULUM FOR UTAH CONCEALED FIREARM PERMIT COURSES

INTRODUCTION:

The Bureau of Criminal Identification is responsible for ensuring that all concealed firearm permit applicants receive proper training according to Utah Code Annotated § 53-5-704. The Bureau will issue, certify, and regulate all concealed firearm permit holders and instructors. It is the responsibility of every concealed firearm permit holder to learn safe handgun practices and have a practical knowledge of the laws that govern firearms and the use of force. Permit holders also need to understand their personal abilities and limitations.

Concealed firearm instructors must make certain that all applicants who attend their courses receive proper in-person training within the guidelines prescribed by law. The Bureau has collected the following information to assist instructors in preparing or adding to their course outlines. This curriculum is the minimum training required by the Bureau and must be provided to all applicants who desire to obtain a Utah concealed firearm permit as required by state statute, U.C.A. § 53-5-704(10). The Bureau supports instructors adding any additional firearms training and or material, including a live fire exercise. If there are any questions, do not hesitate to contact the Bureau of Criminal Identification at 801-965-4445.

THE GOAL IS TO ELIMINATE INCIDENTS BY PROVIDING EXCELLENT TRAINING!

To properly teach the Utah concealed firearm permit course, in person instruction consisting of a minimum of 4 hours is recommended. This time frame should consist of course related material not to include extra services such as fingerprinting, photos, etc. If a certified instructor chooses to teach multi state permits, the Utah permit should be completed separately. This policy ensures the Utah concealed firearm permit course is taught in its entirety without intermixing different states interpretations of the laws and rules governed within. Please follow these statutory guidelines as you instruct!

REVISION DATE: July 31, 2017

▪ ALL APPLICANTS MUST COMPLETE GENERAL FAMILIARITY INSTRUCTION WITH THE TYPES OF FIREARMS TO BE CONCEALED. GENERAL FAMILIARITY INCLUDES TRAINING IN THE FOLLOWING: U.C.A. § 53-5-704 (8) (a) i and ii

1. THE SAFE LOADING, UNLOADING, STORAGE, AND CARRYING OF THE

TYPES OF FIREARMS TO BE CONCEALED; AND

2. CURRENT LAWS DEFINING LAWFUL SELF-DEFENSE, USE OF FORCE BY

PRIVATE CITIZENS, INCLUDING USE OF DEADLY FORCE, TRANSPORTATION, AND CONCEALMENT.

▪ ALL INSTRUCTION FOR A UTAH CONCEALED FIREARM PERMIT SHALL BE IN PERSON AND NOT THROUGH ELECTRONIC MEANS. U.C.A. § 53-5-704 (8) (c).

▪ THE FOLLOWING OUTLINE PROVIDES THE MINIMUM TRAINING REQUIRED FOR CONCEALED FIREARM COURSES. ALL CONCEALED FIREARMS INSTRUCTORS SHALL PROVIDE EACH OF THE INSTRUCTOR’S STUDENTS WITH THE REQUIRED COURSE OF INSTRUCTION OUTLINE APPROVED BY THE BUREAU. U.C.A. § 53-5-704 (10)

▪ IN ACCORDANCE WITH U.C.A § 53-5-704 (9) (a) (iii) (A), ALL INSTRUCTORS ARE REQUIRED TO COMPLETED A FIREARM INSTRUCTION TRAINING COURSE FROM THE NATIONAL RIFLE ASSOCIATION, THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF PEACE OFFICER SAFETY STANDARDS AND TRAINING; OR (B) RECEIVED TRAINING EQUIVALENT TO ONE OF THE COURSES REFERRED TO IN SUBSECTION (9)(a (iii) AS DETERMINED BY THE BUREAU.

SECTION 1

BASIC HANDGUN SAFETY TRAINING

I. HANDGUN SAFETY RULES

A. THE PRIMARY CAUSES OF FIREARM RELATED ACCIDENTS:

1. Ignorance 2. Carelessness

B. ELEMENTS OF FIREARM SAFETY:

1. Positive Attitude 2. Knowledge 3. Skill

C. FOUR BASIC GUN SAFETY RULES:

1. Treat all firearms as if they are loaded. 2. Always keep your finger off the trigger until your sights are on target and

you have made the decision to fire. 3. Never point a firearm at anything you are not willing to destroy. 4. Before the decision to fire, be sure of your target, your target’s

environment and any other safety hazards.

D. OTHER SAFETY RULES / RANGE SAFETY RULES:

1. Know your target and what is beyond. 2. Know how to use the firearm safely. 3. Be sure the firearm is safe to operate (demonstrate safety check). 4. Use only the correct ammunition for your firearm. 5. Wear eye and ear protection as appropriate. 6. Never use alcohol or drugs before or while shooting. 7. Store all firearms so they are not accessible to unauthorized persons, i.e.

children, restricted persons, etc. 8. Never handle a handgun in an emotional state such as anger or depression. 9. Keep the firearm unloaded until ready for use

E. OTHER SAFETY CONSIDERATIONS

1. Be a knowledgeable gun handler and user. 2. Before starting to clean a gun, be certain it is not loaded. 3. Cleaning a gun also provides an opportunity to check the proper function

of the gun. 4. Always be sure the gun barrel is free from obstructions. 5. When handing a pistol to another person, always be sure that the muzzle is pointed in a safe direction, your finger is off the trigger, the action is open, magazine has been removed and all chambers are empty. 6. Carry only one type of ammunition to avoid mixing different types. 7. If in possession of an old or antique firearm, or gun that is a military

souvenir, be sure that it is unloaded. 8. Never fire at surfaces that can cause a bullet to ricochet, such as water, or

hard flat objects. 9. If a cartridge fails to fire when the trigger is pulled, keep the muzzle

pointed in safe direction; don’t attempt to open the action to remove the cartridge for at least 30 seconds. 10. If anything unusual is noticed when a shot is fired, such as a difference in

recoil or in noise, immediately do the following: a. Stop firing immediately; b. Keep the muzzle pointed in a safe direction; c. Keep your finger off the trigger; d. Unload the gun and check to be sure the chamber is empty; and e. Visually inspect the barrel for obstructions.

F. PERMIT HOLDERS ARE RESPONSIBLE FOR TEACHING THEIR CHILDREN AND OTHER OCCUPANTS IN THEIR HOME ABOUT FIREARM SAFETY:

1. The permit holder should be a positive role model for their children. 2. Children should be taught the difference between television, toys and real

life. 3. Children should be taught what to do if they come across a firearm without

an adult present:

a. Stop b. Don’t Touch c. Leave the area d. Tell a responsible adult

II. HANDGUN PARTS AND OPERATION (Revolver and Semi-automatic)

A. FRAME – The frame of the revolver and semi-automatic is the backbone to

which all other parts are attached:

a. Grip Panels – Grip portion of the frame b. Backstrap – Rear vertical portion of frame c. Trigger Guard – Trigger protection to reduce unintentional firing d. Front and Rear Sights - Aiming

B. BARREL – The barrel is a metal tube through which a bullet passes on its

way to a target.

1. Bore – Inside of the Barrel 2. Riflings – Combination of lands and groove which adds flight stability,

accuracy, and distance to bullet 3. Caliber – The distance between the lands

C. ACTION- Group of moving parts used to load, fire and unload the pistol

(Revolver and Semi-automatic)

1. Revolver actions

a. Trigger – When the trigger is pulled, it activates the hammer,

which in turn causes the firing pin to strike and fire the cartridge.

b. Cylinder – Holds cartridges in individual chambers arranged in a

circular pattern. Each time the hammer moves to the rear, the cylinder turns and brings a new chamber in line with the barrel and the firing pin.

c. Cylinder Release latch - Releases the cylinder and allows it to swing out so that cartridges can be loaded and unloaded.

d. Two types of revolver actions

1. Single Action – Trigger performs only one action, releases

the hammer, firing the pistol.

2. Double Action – Trigger performs two tasks. Cocks and

releases the hammer, firing the pistol.

2. Semi-Automatic actions

a. Slide – Upon initial loading of all semi-automatics, the first

cartridge must always be manually cycled into the firing chamber by retracting the slide and then releasing it. As the slide returns to the closed position, it removes a cartridge from the top of the magazine and inserts it into the chamber.

b. Magazine – The magazine is a storage device designed to hold

cartridges ready for insertion into the chamber.

c. Magazine release – A device that releases the magazine so that it

can be removed from the pistol.

d. Trigger – When the trigger is pulled, it activates the hammer (or

the internal firing mechanism) which when released, causes the firing pin to strike and fire the cartridge. The slide moves to the rear ejecting the empty cartridge case and usually cocking the pistol in the process. The cartridges in the magazine are forced upward by the magazine spring into path of the slide. When the slide, (under pressure from a recoil spring or slide spring to return to a closed position) moves forward, it picks up and pushes the top cartridge into the chamber.

e. Three types of semi-auto actions

1. Single Action – The trigger performs a single task, releasing the external hammer or the internal firing mechanism so that the firing pin hits the cartridge.

2. Double/Single Action – The trigger performs two tasks. It

cocks the external hammer or the internal firing mechanism for the first shot, and also releases the external hammer or the internal firing mechanism. After the first shot is fired, the movement of the slide on ejection of the spent cartridge will cock the external hammer or internal firing mechanism. With these mechanisms cocked, all successive shots will be single action.

3. Double Action Only – The trigger will cock and release the external hammer or internal firing mechanism on the first shot and all successive shots.

D. SHOW HOW TO CHECK BOTH REVOLVER AND SEMI-AUTOMATIC TO ENSURE PROPER FUNCTION OF THE FIRING MECHANISM AND SAFETY.

E. EXPLAIN AND DEMONSTRATE SAFE LOADING, COCKING,

UNCOCKING, AND UNLOADING PROCEDURES FOR BOTH REVOLVERS AND SEMI-AUTOMATIC HANDGUNS.

F. FAMILIARIZE YOURSELF WITH THE MANUFACTURER’S

OPERATING MANUAL.

G. KNOW AND BE FAMILIAR WITH CYLINDER ROTATION

DIRECTION OF REVOLVERS.

III. AMMUNITION

A. TYPES OF CARTRIDGES:

1. Centerfire 2. Rimfire

B. COMPONENTS OF A CARTRIDGE:

1. Case – Metal cylinder (usually made of brass) that is closed on one end

and contains other components such as primer, powder and bullet.

2. Primer – An impact sensitive chemical compound used for ignition.

a. Rimfire – The primer is contained in the inside rim of the case’s

base.

b. Centerfire – The primer is contained in a small metal cup, and is

located in the center of the case’s base.

3. Powder Charge – A fast burning chemical compound used as a

propellant, and is contained inside the body of the case.

4. Bullet – A projectile, usually made of lead and sometimes covered with a

layer of copper or other metal, and is located at the mouth of the case.

5. Wad (shotgun only) – Plastic cup inside a shotgun cartridge used to

contain the shot or projectiles for use in a shotgun.

C. CARTRIDGE FIRING SEQUENCE:

1. Pulling the trigger of the pistol will cause the firing pin to hit and ignite

the primer. 2. The flame generated by the primer ignites the powder in the cartridge. 3. The powder burns very rapidly and produces a high volume of gas. 4. These expanding gases push the bullet out of the cartridge case and propel

it out of the pistol barrel at a high rate of speed, 800 – 4000 FPS.

D. AMMUNITION SAFETY AND GENERAL GUIDELINES:

1. Inspect ammunition for safety flaws and imperfections. 2. Understand range capabilities of ammunition.

a. Review safety rule #4; be sure of your target, your target’s

environment, the background and beyond. Discuss dangerous capabilities of handgun ammunition. 3. Be sure to use the proper caliber ammunition with gun to be fired. Explain

the difference between 9mm parabellum and 9mm Kurz (.380). 4. Explain considerations between defensive and practice ammunition.

a. Defensive (Protection) Ammunition

1. Reliability – The ability of a firearm to consistently

chamber, fire, extract, and eject a particular load without malfunctions.

2. Controllability – The ability to fire multiple rounds and

still manage recoil and maintain accuracy.

3. Stopping Power – The ability of a cartridge to quickly

incapacitate an assailant or otherwise cause an assailant to stop his attack.

4. Accuracy – Ability of the gun and ammunition

combination to shoot to the point of aim indicated by the sights.

5. Muzzle Flash – When in excess will impair night vision

and illuminate your position.

6. Hollow-points - They open up and expand in diameter

upon impact. This more efficiently transfers energy and also prevents over penetration or complete penetration that could endanger the lives of others.

b. Practice Ammunition

1. Non-expanding type – Typically full metal jacket,

Involves greater penetration of target

2. Reduced powder charge – More manageable recoil

3. Reduced costs

E. CARE AND STORAGE OF AMMUNITION:

1. Always keep ammunition in factory box or container that can be properly

labeled. 2. Store ammunition in a cool dry place free from extreme temperature

variation. 3. Store ammunition separately from guns and not accessible from

unauthorized persons, especially children. 4. Keep ammunition from acids, salts, and other chemicals that can cause

corrosion. 5. Never submerge in water or expose to any solvents, petroleum products,

bore cleaner, ammonia or other chemicals. These chemicals can penetrate the cartridge and cause the primer or the powder to deteriorate. 6. Explain the importance of rotating defensive (protection) ammunition

stored for long periods of time in your handgun.

F. AMMUNITION MALFUNCTIONS:

1. Misfire – Failure of the cartridge to fire after the primer has been struck by

the firing pin. 2. Hangfire – A perceptible delay in the ignition of a cartridge after the

primer has been struck by the firing pin. 3. Squib load – Development of less than normal pressure or velocity after

ignition of the cartridge. Unusual difference in recoil or noise 4. Malfunction resolutions:

a. Misfire and Hangfire – Keep the pistol pointed in a safe

direction—a hangfire might exist and the cartridge could still fire. Don’t attempt to open the action of the pistol to remove the cartridge for at least 30 seconds.

b. Squib Load – Keep the muzzle pointed in a safe direction, wait 30

seconds and then unload the gun. Check to make sure the chamber is empty and the barrel is free from obstructions.

IV. FUNDAMENTALS OF SHOOTING A HANDGUN “DEMONSTRATE”

A. BASIC TWO HANDED SHOOTING POSITIONS: (EXPLAIN AND

DEMONSTRATE)

1. Isosceles stance

• This position is so named because in this position your extended arms when seen from above resemble an isosceles triangle.

• Feet are placed shoulder width apart.

• Feet and shoulders are square to the target.

• Knees are slightly bent with weight slightly forwards on the balls of the feet.

• Two-handed grip of the gun with the arms extended forward and the elbows slightly bent.

• The head is erect, not hunched and shoulders are at normal height.

• The firearm is lifted to the level of the eyes for aiming.

• This is a more instinctive and natural position for most shooters.

2. Weaver stance

• Was developed by former Los Angeles County Deputy Sheriff Jack Weaver.

• Feet are positioned in a boxer stance with the strong foot rearward.

• The weak shoulder is angled toward the target.

• The knees are flexed and the body weight is carried slightly forward, on the balls of the feet.

• The elbows are bent downward to bring the gun closer to the body than the isosceles.

• The head is tipped slightly to view the sights.

• An isometric action is employed between the strong and weak arm for stability.

• The recoil is absorbed through the bent elbows and isometric pushing and pulling between strong and support hand.

3. Modified Isosceles stance

• This position incorporates the natural, fully-extended arm position of the isosceles position with the stability of the asymmetrical boxer’s stance foot placement of the Weaver position.

▪ Allows better recoil absorption.

▪ The head is level and the body leans forward.

B. BASIC FUNDAMENTALS: (EXPLAIN AND DEMONSTRATE)

1. Hand Grip – Operate the weapon repeatedly without changing grip.

2. Body Position – Least amount of body and weapon movement

3. Breath Control – Control breathing to minimize body and firearm

movement.

4. Sight Alignment – The relationship of the eye in alignment with the rear

and front sight.

5. Trigger Squeeze – The ability to apply increasing pressure on the trigger

and allow the hammer to fall without disturbing sight alignment

6. Follow Through – Stabilizing recoil, maintaining grip and stance,

regaining front sight focus, resetting the trigger and preparing for follow up shot if a threat persists.

V. SAFE HANDLING

A. DISCUSS RULES TO FOLLOW ON THE SHOOTING RANGE:

1. Fully comply with the range officer’s instructions. 2. Follow the 4 safety rules at all times.

a. Treat all firearms as if they are loaded. b. Always keep your finger off the trigger until your sights are on

target and you have made the decision to fire. c. Never point a firearm at anything you are not willing to destroy. d. Before the decision to fire, be sure of your target, your target’s

environment and any other safety hazards. 3. Wear eye and ear protection at all times during practice shooting. 4. Explain and demonstrate the safe handling and presentation of a firearm to

another person. 5. Explain and demonstrate the three range/combat positions for a firearm:

a. In the holster or carrying case b. At the ready position c. On target

6. Discuss and demonstrate the steps to follow if you have a malfunction.

a. Failure to Fire (Faulty Ammo, Magazine not fully seated, etc.)

Type 1 Malfunction. b. Failure to Eject (Stove Pipe, Partial Ejection) Type 2 Malfunction

c. Feedway Stoppage (Double Feed, Extractor gummed or broken guide rods, Extractor does not get a good grip on the spent cartridge, Chamber remains blocked) Type 3 Malfunction

d. Failure to go into battery (Bad Chamber design, Weak guide spring, Extremely dirty guide rails or guide rod) Type 4

Malfunction

e. EXPLAIN MALFUNCTION RESOLUTIONS EMPLOYING

TAP, INVERT, RACK, AND REASSESS.

B. EXPLAIN AND DEMONSTRATE SAFE LOADING, COCKING,

UNCOCKING, AND UNLOADING PROCEDURES FOR BOTH REVOLVERS AND SEMI-AUTOMATIC HANDGUNS. (REVIEW)

C. DISCUSS AND DEMONSTRATE THE MAINTENANCE AND

CLEANING OF HANDGUNS:

1. The importance of regular cleaning and maintenance 2. Safety considerations when cleaning 3. Demonstrate how to clean a revolver / semi-automatic

D. DISCUSS HOLSTERS, SAFE DRAW, PRESENTATION, AND

HOLSTERING OF FIREARMS

1. Purpose of a holster 2. Discuss advantages and disadvantages of the several holster types:

a. Safety b. Accessibility c. Security d. Concealment 3. Advantages and disadvantages of the various methods of carry, i.e., on

person, in case, etc. 4. Safety must come before any other consideration.

E. SAFE CONCEALMENT CONSIDERATIONS:

1. The firearm should be in a holster or gun case. 2. If the firearm is in view of the public, care should be taken so that it is

only accessible to the permit holder. 3. A handgun should not just be thrown into a glove box, under the car seat

or into a drawer. 4. The permit holder is responsible for their firearm at all times.

F. SAFE STORAGE OF FIREARMS AND AMMUNITION:

1. Firearms should be stored unloaded. (Storage is when the firearm is not

available for immediate use.) 2. Recommend that firearms and ammunition are stored separately 3. Storage options:

a. Safes b. Locked cases c. Safe proofing devices d. The need for safety does not end just because you do not

have the firearm with you. 4. Methods of Child proofing:

a. Do not store firearm where it is visible b. Storage area is not accessible to children

SECTION 2

YOU MUST REVIEW ALL FEDERAL AND STATE CODES, RULES, AND REGULATIONS THAT PERTAIN TO FIREARMS, OR DEFINITIONS CONTAINEDTHEREIN.

I. UTAH CRIMINAL AND TRAFFIC CODE

A. Concealed Firearm Act:

1. 53-5-702, Definitions 2. 53-5-703, Board Membership and Duties 3. 53-5-704, Bureau duties, Permit to carry concealed firearm, Certification

for concealed firearms instructor, Requirements for issuance, Violation, Denial, Suspension, or revocation, Appeal Procedure 4. 53-5-705, Temporary permit to carry concealed firearm 5. 53-5-706, Fingerprints 6. 53-5-707, Permit Fees 7. 53-5-708, Permit Name Privacy 8. 53-5-710, Cross References to Concealed Firearm permit Restrictions

B. Justification of Force:

1. 76-2-401, Justification as defense, when allowed 2. 76-2-402, Force in Defense of Persons – Forcible Felonies Defined 3. 76-2-403, Force in Arrest 4. 76-2-405, Force in Defense of Habitation 5. 76-2-406, Force in Defense of Property 6. 76-2-407, Force in Defense of Persons on Real Property

C. Rules of arrests, by whom and how made:

1. 77-7-1, Arrest defined – Restraint allowed 2. 77-7-3, Arrest by private persons

D. Weapons in prohibited areas / circumstances:

1. 53-5-710, Cross References to Concealed Firearm Permit Restrictions 2. 76-8-311.1, Secured Areas – Firearms Prohibited 3. 76-8-311.3, Items prohibited in correctional and mental health facilities 4. 76-10-523, Persons Exempt from Weapons Laws 5. 76-10-529, Airports – Firearms Prohibited 6. 76-10-530, Trespass with a firearm in a house of worship or private

residence E. Weapons laws:

1. 76-10-500, Uniform Law 2. 76-10-506, Threatening with or using dangerous weapon in a fight or

quarrel 3. 76-10-507, Possession of a deadly weapon with intent to assault 4. 76-10-509, 509.4-509.7, 509.9, The sale, possession, providing weapons

to minors and penalties 5. 76-10-511, Possession of a loaded firearm at residence authorized 6. 76-10-526, Criminal Background check Prior to Purchasing a Firearm 7. 76-10-528, Carrying under the influence of alcohol or a controlled

substance

F. Assault and Related Offenses:

1. 76-5-102, Assault 2. 76-5-103, Aggravated Assault 3. 76-5-107, Threat of Violence 4. 76-9-102, Disorderly Conduct

G. Uniform Firearm Laws:

1. 53-5a-102, Uniform firearm laws: 2. 53-5a-103, Discharge of firearm on private property—Liability

H. Protection of Activities in Private Vehicles 34-45-103

I. Weapons Laws, (Non-Concealed Permit Carrier):

1. 76-10-502, When weapon is deemed loaded 2. 76-10-503, Persons not permitted to carry dangerous weapons (restricted

persons) 3. 76-10-504, Carrying concealed dangerous weapon 4. 76-10-505, Loaded firearm in vehicle or on street 5. 76-10-505.5, Possession of a dangerous weapon, firearm or short barrel

shotgun on or about school premises

J. Prohibition of restrictions on and confiscation of a firearm or ammunition

during an emergency. 63k-4-405

CONCEALED FIREARMS U.C.A. § 53-5-702 – 53-5-710

53-5-702. Definitions In addition to the definitions in Section 76-10-501, as used in this part: (1) "Active duty service member" means a person on active military duty with the United States military and includes full time military active duty, military reserve active duty, and national guard military active duty service members stationed in Utah. (2) "Active duty service member spouse" means a person recognized by the military as the spouse of an active duty service member and who resides with the active duty service member in Utah.

(3) "Board" means the Concealed Firearm Review Board created in Section 53-5-703. (4) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety. (5) "Commissioner" means the commissioner of the Department of Public Safety. (6) "Conviction" means criminal conduct where the filing of a criminal charge has resulted in: (a) a finding of guilt based on evidence presented to a judge or jury; (b) a guilty plea; (c) a plea of nolo contendere; (d) a plea of guilty or nolo contendere which is held in abeyance pending the successful completion of probation; (e) a pending diversion agreement; or (f) a conviction which has been reduced pursuant to Section 76-3-402.

53-5-703. Board -- Membership -- Compensation -- Terms -- Duties.

(1) There is created within the bureau the Concealed Firearm Review Board. (2) (a) The board is comprised of not more than five members appointed by the commissioner on a bipartisan basis.

(b) The board shall include a member representing law enforcement and at least two citizens, one of whom represents sporting interests.

(3) (a) Except as required by Subsection (3)(b), as terms of current board members expire, the commissioner shall appoint each new member or reappointed member to a four-year term.

(b) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years. (4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.

(5) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:

(a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. (6) The board shall meet at least quarterly, unless the board has no business to conduct during that quarter.

(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 a temporary permit to carry a concealed firearm.

53-5-704. Bureau duties -- Permit to carry concealed firearm -- Certification for concealed firearms instructor -- Requirements for issuance -- Violation -- Denial, suspension, or revocation -- Appeal procedure.

(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 within 60 days after receiving an application, unless the bureau finds proof that the applicant does not meet the qualifications set forth in Subsection (2).

(b) The permit is valid throughout the state for five years, without restriction, except as otherwise provided by Section 53-5-710.

(c) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not apply to a person issued a permit under Subsection (1)(a).

(d) Subsection (4)(a) does not apply to a nonresident: (i) active duty service member, who present to the bureau orders requiring the active duty service member to report for duty in this state; or

(ii) an active duty service member's spouse, stationed with the active duty service member, who presents to the bureau the active duty service member's orders requiring the service member to report for duty in this state.

(2) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if the applicant or permit holder:

(i) has been or is convicted of a felony; (ii) has been or is convicted of a crime of violence;

(iii) has been or is convicted of an offense involving the use of alcohol; (iv) has been or is convicted of an offense involving the unlawful use of narcotics or other controlled substances;

(v) has been or is convicted of an offense involving moral turpitude; (vi) has been or is convicted of an offense involving domestic violence; (vii) has been or is adjudicated by a state or federal court as mentally incompetent, unless the adjudication has been withdrawn or reversed; and

(viii) is not qualified to purchase and possess a firearm pursuant to Section 76-10-503 and federal law.

(b) In determining whether an applicant or permit holder meets the qualifications set forth in Subsection (2)(a), the bureau shall consider mitigating circumstances.

(3) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if it has reasonable cause to believe that the applicant or permit holder has been or is a danger to self or others as demonstrated by evidence, including:

(i) past pattern of behavior involving unlawful violence or threats of unlawful violence; (ii) past participation in incidents involving unlawful violence or threats of unlawful violence; or

(iii) conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons. (b) The bureau may not deny, suspend, or revoke a concealed firearm permit solely for a single conviction of an infraction violation of Title 76, Chapter 10, Part 5, Weapons.

(c) In determining whether the applicant or permit holder has been or is a danger to self or others, the bureau may inspect:

(i) expunged records of arrests and convictions of adults as provided in Section 77-40- 109; and

(ii) juvenile court records as provided in Section 78A-6-209. (4) (a) In addition to meeting the other qualifications for the issuance of a concealed firearm permit under this section, a nonresident applicant who resides in a state that recognizes the validity of the Utah permit or has reciprocity with Utah's concealed firearm permit law shall:

(i) hold a current concealed firearm or concealed weapon permit issued by the appropriate permitting authority of the nonresident applicant's state of residency; and

(ii) submit a photocopy or electronic copy of the nonresident applicant's current concealed firearm or concealed weapon permit referred to in Subsection (4)(a)(i).

(b) A nonresident applicant who knowingly and willfully provides false information to the bureau under Subsection (4)(a) is prohibited from holding a Utah concealed firearm permit for a period of 10 years.

(c) Subsection (4)(a) applies to all applications for the issuance of a concealed firearm permit that are received by the bureau after May 10, 2011.

(d) Beginning January 1, 2012, Subsection (4)(a) also applies to an application for renewal of a concealed firearm permit by a nonresident.

(5) The bureau shall issue a concealed firearm permit to a former peace officer who departs full-time employment as a peace officer, in an honorable manner, within five years of that departure if the officer meets the requirements of this section.

(6) Except as provided in Subsection (7), the bureau shall also require the applicant to provide:

(a) the address of the applicant's permanent residence; (b) one recent dated photograph; (c) one set of fingerprints; and (d) evidence of general familiarity with the types of firearms to be concealed as defined in Subsection (8).

(7) An applicant who is a law enforcement officer under Section 53-13-103 may provide a letter of good standing from the officer's commanding officer in place of the evidence required by Subsection (6)(d).

(8) (a) General familiarity with the types of firearms to be concealed includes training in: (i) the safe loading, unloading, storage, and carrying of the types of firearms to be concealed; and

(ii) current laws defining lawful use of a firearm by a private citizen, including lawful self-defense, use of force by a private citizen, including use of deadly force, transportation, and concealment.

(b) An applicant may satisfy the general familiarity requirement of Subsection (8)(a) by one of the following:

(i) completion of a course of instruction conducted by a national, state, or local firearms training organization approved by the bureau;

(ii) certification of general familiarity by a person who has been certified by the bureau, which may include a law enforcement officer, military or civilian firearms instructor, or hunter safety instructor; or

(iii) equivalent experience with a firearm through participation in an organized shooting competition, law enforcement, or military service.

(c) Instruction taken by a student under Subsection (8) shall be in person and not through electronic means.

(9) (a) An applicant for certification as a Utah concealed firearms instructor shall: (i) be at least 21 years of age; (ii) be currently eligible to possess a firearm under Section 76-10-503; (iii) have: (A) completed a firearm instruction training course from the National Rifle Association or the Department of Public Safety, Division of Peace Officer Safety Standards and Training; or

(B) received training equivalent to one of the courses referred to in Subsection (9)(a)(iii)(A) as determined by the bureau;

(iv) have taken a course of instruction and passed a certification test as described in Subsection (9)(c); and

(v) possess a Utah concealed firearm permit. (b) An instructor's certification is valid for three years from the date of issuance, unless revoked by the bureau.

(c) (i) In order to obtain initial certification or renew a certification, an instructor shall attend an instructional course and pass a test under the direction of the bureau.

(ii) (A) The bureau shall provide or contract to provide the course referred to in Subsection (9)(c)(i) twice every year.

(B) The course shall include instruction on current Utah law related to firearms, including concealed carry statutes and rules, and the use of deadly force by private citizens.

(d) (i) Each applicant for certification under this Subsection (9) shall pay a fee of $50.00 at the time of application for initial certification.

(ii) The renewal fee for the certificate is $25. (iii) The bureau may use a fee paid under Subsections (9)(d)(i) and (ii) as a dedicated credit to cover the cost incurred in maintaining and improving the instruction program required for concealed firearm instructors under this Subsection (9).

(10) A certified concealed firearms instructor shall provide each of the instructor's students with the required course of instruction outline approved by the bureau.

(11) (a) (i) A concealed firearms instructor shall provide a signed certificate to a person successfully completing the offered course of instruction.

(ii) The instructor shall sign the certificate with the exact name indicated on the instructor's certification issued by the bureau under Subsection (9).

(iii) (A) The certificate shall also have affixed to it the instructor's official seal, which is the exclusive property of the instructor and may not be used by any other person.

(B) The instructor shall destroy the seal upon revocation or expiration of the instructor's certification under Subsection (9).

(C) The bureau shall determine the design and content of the seal to include at least the following:

(I) the instructor's name as it appears on the instructor's certification; (II) the words "Utah Certified Concealed Firearms Instructor," "state of Utah," and "my certification expires on (the instructor's certification expiration date)"; and

(III) the instructor's business or residence address. (D) The seal shall be affixed to each student certificate issued by the instructor in a manner that does not obscure or render illegible any information or signatures contained in the document.

(b) The applicant shall provide the certificate to the bureau in compliance with Subsection (6)(d).

(12) The bureau may deny, suspend, or revoke the certification of an applicant or a concealed firearms instructor if it has reason to believe the applicant or the instructor 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. (13) An applicant for certification or a concealed firearms instructor has the same appeal rights as set forth in Subsection (16).

(14) In providing instruction and issuing a permit under this part, the concealed firearms instructor and the bureau are not vicariously liable for damages caused by the permit holder.

(15) An individual who knowingly and willfully provides false information on an application filed under this part is guilty of a class B misdemeanor, and the application may be denied, or the permit may be suspended or revoked.

(16) (a) In the event of a denial, suspension, or revocation of a permit, the applicant or permit holder may file a petition for review with the board within 60 days from the date the denial, suspension, or revocation is received by the applicant or permit holder by certified mail, return receipt requested.

(b) The bureau's denial of a permit shall be in writing and shall include the general reasons for the action.

(c) If an applicant or permit holder appeals the denial to the review board, the applicant or permit holder may have access to the evidence upon which the denial is based in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.

(d) On appeal to the board, the bureau has the burden of proof by a preponderance of the evidence.

(e) (i) Upon a ruling by the board on the appeal of a denial, the board shall issue a final order within 30 days stating the board's decision.

(ii) The final order shall be in the form prescribed by Subsection 63G-4-203(1)(i). (iii) The final order is final bureau action for purposes of judicial review under Section 63G-4-402.

(17) The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to administer this chapter. 53-5-705. Temporary permit to carry concealed firearm -- Denial, suspension, or revocation -- Appeal.

(1) The bureau or its designated agent may issue a temporary permit to carry a concealed firearm to a person who:

(a) has applied for a permit under Section 53-5-704; (b) has applied for a temporary permit under this section; and (c) meets the criteria required in Subsections (2) and (3). (2) To receive a temporary permit under this section, the applicant shall demonstrate in writing to the satisfaction of the bureau extenuating circumstances that would justify issuing a temporary permit.

(3) A temporary permit may not be issued under this section until preliminary record checks regarding the applicant have been made with the National Crime Information Center and the bureau to determine any criminal history.

(4) (a) A temporary permit is valid only for a maximum of 90 days or any lesser period specified by the bureau, or until a permit under Section 53-5-704 is issued to the holder of the temporary permit, whichever period is shorter.

(b) The provisions of Subsections 76-10-504(1) and (2) and Section 76-10-505 do not apply to a person issued a temporary permit under this section during the time period for which the temporary permit is valid.

(5) The bureau may deny, suspend, or revoke a temporary permit prior to expiration if the commissioner determines:

(a) the circumstances justifying the temporary permit no longer exist; or (b) the holder of the temporary permit does not meet the requirements for a permit under Section 53-5-704.

(6) (a) The denial, suspension, or revocation of a temporary permit shall be in writing and shall include the reasons for the action.

(b) The bureau's decision to deny, suspend, or revoke a temporary permit may not be appealed to the board.

(c) Denial, suspension, or revocation under this subsection is final action for purposes of judicial review under Section 63G-4-402.

53-5-706. Permit -- Fingerprints transmitted to bureau -- Report from bureau.

(1) (a) Except as provided in Subsection (2), the fingerprints of each applicant shall be taken on a form prescribed by the bureau.

(b) Upon receipt of the fingerprints and the fee prescribed in Section 53-5-707, the bureau shall conduct a search of its files for criminal history information pertaining to the applicant, and shall request the Federal Bureau of Investigation to conduct a similar search through its files.

(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.

(2) (a) If the permit applicant has previously applied to the bureau for a permit to carry concealed firearms, the bureau shall note the previous identification numbers and other data which would provide positive identification in the files of the bureau on the copy of any subsequent permit submitted to the bureau in accordance with this section.

(b) No additional application form, fingerprints, or fee are required under this Subsection (2). 53-5-707. Concealed firearm permit -- Fees -- Disposition.

(1) (a) Each applicant for a concealed firearm permit shall pay a fee of $29.75 at the time of filing an application, except that a nonresident applicant shall pay an additional $5 for the additional cost of processing a nonresident application.

(b) The bureau shall waive the initial fee for an applicant who is a law enforcement officer under Section 53-13-103. (c) Concealed firearm permit renewal fees for active duty service members and spouses of an active duty service member shall be waived. (2) The renewal fee for the permit is $15. (3) The replacement fee for the permit is $10. (4) (a) The late fee for the renewal permit is $7.50. (b) As used in this section, "late fee" means the fee charged by the bureau for a renewal submitted on a permit that has been expired for more than 30 days but less than one year. (5) The bureau shall use the fees collected under Subsections (1), (2), (3), and (4) as a dedicated credit to cover the costs of issuing concealed firearm permits under this part. (6) (a) The bureau may collect any fees charged by an outside agency for additional services required by statute as a prerequisite for issuance of a permit. (b) The bureau may modify the fee under Subsection (1)(a) by adjusting that fee so that the total of the fee under Subsection (1)(a) and the fee under Subsection (6)(a) is the nearest even dollar amount to that total. (c) The bureau shall promptly forward any fees collected under Subsection (6)(a) to the appropriate agency. (7) The bureau shall make an annual report in writing to the Legislature's Law Enforcement and Criminal Justice Interim Committee on the amount and use of the fees collected under this section.

53-5-708. Permit -- Names private. (1) (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, local 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.

53-5-710. Cross-references to concealed firearm permit restrictions.

A person with a permit to carry a concealed firearm may not carry a concealed firearm in the following locations:

(1) any secure area prescribed in Section 76-10-523.5 in which firearms are prohibited and notice of the prohibition posted;

(2) in any airport secure area as provided in Section 76-10-529; or (3) in any house of worship or in any private residence where dangerous weapons are prohibited as provided in Section 76-10-530.

JUSTIFICATION OF FORCE U.C.A. § 76-2-401 – 76-2-407

76-2-401. Justification as defense -- When allowed.

(1) Conduct which is justified is a defense to prosecution for any offense based on the conduct. The defense of justification may be claimed:

(a) when the actor's conduct is in defense of persons or property under the circumstances described in Sections 76-2-402 through 76-2-406 of this part;

(b) when the actor's conduct is reasonable and in fulfillment of his duties as a governmental officer or employee;

(c) when the actor's conduct is reasonable discipline of minors by parents, guardians, teachers, or other persons in loco parentis, as limited by Subsection (2);

(d) when the actor's conduct is reasonable discipline of persons in custody under the laws of the state; or

(e) when the actor's conduct is justified for any other reason under the laws of this state. (2) The defense of justification under Subsection (1)(c) is not available if the offense charged involves causing serious bodily injury, as defined in Section 76-1-601, serious physical injury, as defined in Section 76-5-109, or the death of the minor.

76-2-402. Force in defense of person -- Forcible felony defined.

(1) (a) A person is justified in threatening or using force against another when and to the extent that the person reasonably believes that force or a threat of force is necessary to defend the person or a third person against another person's imminent use of unlawful force.

(b) A person is justified in using force intended or likely to cause death or serious bodily injury only if the person reasonably believes that force is necessary to prevent death or serious bodily injury to the person or a third person as a result of another person's imminent use of unlawful force, or to prevent the commission of a forcible felony.

(2) (a) A person is not justified in using force under the circumstances specified in Subsection (1) if the person:

(i) initially provokes the use of force against the person with the intent to use force as an excuse to inflict bodily harm upon the assailant;

(ii) is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or

(iii) was the aggressor or was engaged in a combat by agreement, unless the person withdraws from the encounter and effectively communicates to the other person his intent to do so and, notwithstanding, the other person continues or threatens to continue the use of unlawful force.

(b) For purposes of Subsection (2)(a)(iii) the following do not, by themselves, constitute "combat by agreement":

(i) voluntarily entering into or remaining in an ongoing relationship; or (ii) entering or remaining in a place where one has a legal right to be. (3) A person does not have a duty to retreat from the force or threatened force described in Subsection (1) in a place where that person has lawfully entered or remained, except as provided in Subsection (2)(a)(iii).

(4) (a) For purposes of this section, a forcible felony includes aggravated assault, mayhem, aggravated murder, murder, manslaughter, kidnapping, and aggravated kidnapping, rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse of a child, and aggravated sexual assault as defined in Title 76, Chapter 5, Offenses Against the Person, and arson, robbery, and burglary as defined in Title 76, Chapter 6, Offenses Against Property.

(b) 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 also constitutes a forcible felony.

(c) Burglary of a vehicle, defined in Section 76-6-204, does not constitute a forcible felony except when the vehicle is occupied at the time unlawful entry is made or attempted.

(5) In determining imminence or reasonableness under Subsection (1), the trier of fact may consider, but is not limited to, any of the following factors:

(a) the nature of the danger; (b) the immediacy of the danger; (c) the probability that the unlawful force would result in death or serious bodily injury; (d) the other's prior violent acts or violent propensities; and (e) any patterns of abuse or violence in the parties' relationship.

76-2-403. Force in arrest.

Any person is justified in using any force, except deadly force, which he reasonably believes to be necessary to effect an arrest or to defend himself or another from bodily harm while making an arrest.

76-2-405. Force in defense of habitation.

(1) A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:

(a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or

(b) he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony.

(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.

76-2-406. Force in defense of property -- Affirmative defense.

(1) A person is justified in using force, other than deadly force, against another when and to the extent that the person reasonably believes that force is necessary to prevent or terminate another person's criminal interference with real property or personal property:

(a) lawfully in the person's possession; (b) lawfully in the possession of a member of the person's immediate family; or (c) belonging to a person whose property the person has a legal duty to protect. (2) In determining reasonableness under Subsection (1), the trier of fact shall, in addition to any other factors, consider the following factors:

(a) the apparent or perceived extent of the damage to the property; (b) property damage previously caused by the other person; (c) threats of personal injury or damage to property that have been made previously by the other person; and

(d) any patterns of abuse or violence between the person and the other person.

76-2-407. Deadly force in defense of persons on real property.

(1) 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:

(a) he is in lawful possession of the real property; (b) he reasonably believes that the force is necessary to prevent or terminate the other person's trespass onto the real property;

(c) the trespass is made or attempted by use of force or in a violent and tumultuous manner; and

(d) (i) the person reasonably believes that the trespass is attempted or made for the purpose of committing violence against any person on the real property and he reasonably believes that the force is necessary to prevent personal violence; or

(ii) the person reasonably believes that the trespass is made or attempted for the purpose of committing a forcible felony as defined in Section 76-2-402 that poses imminent peril of death or serious bodily injury to a person on the real property and that the force is necessary to prevent the commission of that forcible felony.

(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.

ARREST BY PRIVATE PERSONS U.C.A. § 77-7-1,77-7-3

77-7-1. "Arrest" defined -- Restraint allowed.

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.

77-7-3. By private persons.

A private person may arrest another: (1) For a public offense committed or attempted in his presence; or (2) When a felony has been committed and he has reasonable cause to believe the person arrested has committed it.

WEAPONS IN PROHIBITED AREAS / CIRCUMSTANCES U.C.A. § 53-5- 710, 76-8-311.1, 76-10-523, 76-10,529, and 76-10-530.

53-5-710. Cross-references to concealed firearm permit restrictions.

A person with a permit to carry a concealed firearm may not carry a concealed firearm in the following locations:

(1) any secure area prescribed in Section 76-10-523.5 in which firearms are prohibited and notice of the prohibition posted;

(2) in any airport secure area as provided in Section 76-10-529; or (3) in any house of worship or in any private residence where dangerous weapons are prohibited as provided in Section 76-10-530.

76-8-311.1. Secure areas -- Items prohibited -- Penalty.

(1) In addition to the definitions in Section 76-10-501, as used in this section: (a) "Correctional facility" has the same meaning as defined in Section 76-8-311.3. (b) "Explosive" has the same meaning as defined for "explosive, chemical, or incendiary device" defined in Section 76-10-306.

(c) "Law enforcement facility" means a facility which is owned, leased, or operated by a law enforcement agency.

(d) "Mental health facility" has the same meaning as defined in Section 62A-15-602. (e) (i) "Secure area" means any area into which certain persons are restricted from transporting any firearm, ammunition, dangerous weapon, or explosive.

(ii) A "secure area" may not include any area normally accessible to the public. (2) (a) A person in charge of a correctional, law enforcement, or mental health facility may establish secure areas within the facility and may prohibit or control by rule any firearm, ammunition, dangerous weapon, or explosive.

(b) Subsections (2)(a), (3), (4), (5), and (6) apply to higher education secure area hearing rooms referred to in Subsections 53B-3-103(2)(a)(ii) and (b).

(3) At least one notice shall be prominently displayed at each entrance to an area in which a firearm, ammunition, dangerous weapon, or explosive is restricted.

(4) (a) Provisions shall be made to provide a secure weapons storage area so that persons entering the secure area may store their weapons prior to entering the secure area.

(b) The entity operating the facility shall be responsible for weapons while they are stored in the storage area.

(5) It is a defense to any prosecution under this section that the accused, in committing the act made criminal by this section, acted in conformity with the facility's rule or policy established pursuant to this section.

(6) (a) Any person who knowingly or intentionally transports into a secure area of a facility any firearm, ammunition, or dangerous weapon is guilty of a third degree felony.

(b) Any person violates Section 76-10-306 who knowingly or intentionally transports, possesses, distributes, or sells any explosive in a secure area of a facility.

76-8-311.3. Items prohibited in correctional and mental health facilities -- Penalties.

(1) As used in this section: (a) "Contraband" means any item not specifically prohibited for possession by offenders under this section or Title 58, Chapter 37, Utah Controlled Substances Act.

(b) "Controlled substance" means any substance defined as a controlled substance under Title 58, Chapter 37, Utah Controlled Substances Act.

(c) "Correctional facility" means: (i) any facility operated by or contracting with the Department of Corrections to house offenders in either a secure or nonsecure setting;

(ii) any facility operated by a municipality or a county to house or detain criminal offenders; (iii) any juvenile detention facility; and (iv) any building or grounds appurtenant to the facility or lands granted to the state, municipality, or county for use as a correctional facility.

(d) "Medicine" means any prescription drug as defined in Title 58, Chapter 17b, Pharmacy Practice Act, but does not include any controlled substances as defined in Title 58, Chapter 37, Utah Controlled Substances Act.

(e) "Mental health facility" has the same meaning as defined in Section 62A-15-602. (f) "Offender" means a person in custody at a correctional facility. (g) "Secure area" has the same meaning as provided in Section 76-8-311.1. (2) Notwithstanding Section 76-10-500, a correctional or mental health facility may provide by rule that no firearm, ammunition, dangerous weapon, implement of escape, explosive, controlled substance, spirituous or fermented liquor, medicine, or poison in any quantity may be:

(a) transported to or upon a correctional or mental health facility; (b) sold or given away at any correctional or mental health facility; (c) given to or used by any offender at a correctional or mental health facility; or (d) knowingly or intentionally possessed at a correctional or mental health facility. (3) It is a defense to any prosecution under this section if the accused in committing the act made criminal by this section:

(a) with respect to a correctional facility operated by the Department of Corrections, acted in conformity with departmental rule or policy;

(b) with respect to a correctional facility operated by a municipality, acted in conformity with the policy of the municipality;

(c) with respect to a correctional facility operated by a county, acted in conformity with the policy of the county; or

(d) with respect to a mental health facility, acted in conformity with the policy of the mental health facility.

(4) (a) Any person who transports to or upon a correctional facility, or into a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or implement of escape with intent to provide or sell it to any offender, is guilty of a second degree felony.

(b) Any person who provides or sells to any offender at a correctional facility, or any detainee at a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or implement of escape is guilty of a second degree felony.

(c) Any offender who possesses at a correctional facility, or any detainee who possesses at a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or implement of escape is guilty of a second degree felony.

(d) Any person who, without the permission of the authority operating the correctional facility or the secure area of a mental health facility, knowingly possesses at a correctional facility or a secure area of a mental health facility any firearm, ammunition, dangerous weapon, or implement of escape is guilty of a third degree felony.

(e) Any person violates Section 76-10-306 who knowingly or intentionally transports, possesses, distributes, or sells any explosive in a correctional facility or mental health facility.

(5) (a) A person is guilty of a third degree felony who, without the permission of the authority operating the correctional facility or secure area of a mental health facility, knowingly transports to or upon a correctional facility or into a secure area of a mental health facility any:

(i) spirituous or fermented liquor; (ii) medicine, whether or not lawfully prescribed for the offender; or (iii) poison in any quantity. (b) A person is guilty of a third degree felony who knowingly violates correctional or mental health facility policy or rule by providing or selling to any offender at a correctional facility or detainee within a secure area of a mental health facility any:

(i) spirituous or fermented liquor; (ii) medicine, whether or not lawfully prescribed for the offender; or (iii) poison in any quantity. (c) An inmate is guilty of a third degree felony who, in violation of correctional or mental health facility policy or rule, possesses at a correctional facility or in a secure area of a mental health facility any:

(i) spirituous or fermented liquor; (ii) medicine, other than medicine provided by the facility's health care providers in compliance with facility policy; or (iii) poison in any quantity. (d) A person is guilty of a class A misdemeanor who, with the intent to directly or indirectly provide or sell any tobacco product to an offender, directly or indirectly:

(i) transports, delivers, or distributes any tobacco product to an offender or on the grounds of any correctional facility;

(ii) solicits, requests, commands, coerces, encourages, or intentionally aids another person to transport any tobacco product to an offender or on any correctional facility, if the person is acting with the mental state required for the commission of an offense; or

(iii) facilitates, arranges, or causes the transport of any tobacco product in violation of this

section to an offender or on the grounds of any correctional facility.

(e) A person is guilty of a class A misdemeanor who, without the permission of the authority operating the correctional or mental health facility, fails to declare or knowingly possesses at a correctional facility or in a secure area of a mental health facility any:

(i) spirituous or fermented liquor; (ii) medicine; or (iii) poison in any quantity. (f) A person is guilty of a class B misdemeanor who, without the permission of the authority operating the correctional facility, knowingly engages in any activity that would facilitate the possession of any contraband by an offender in a correctional facility. The provisions of Subsection (5)(d) regarding any tobacco product take precedence over this Subsection (5)(f).

(g) Exemptions may be granted for worship for Native American inmates pursuant to Section 64-13-40.

(6) The possession, distribution, or use of a controlled substance at a correctional facility or in a secure area of a mental health facility shall be prosecuted in accordance with Title 58, Chapter 37, Utah Controlled Substances Act.

(7) The department shall make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish guidelines for providing written notice to visitors that providing any tobacco product to offenders is a class A misdemeanor.

76-10-523. Persons exempt from weapons laws.

(1) This part and Title 53, Chapter 5, Part 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)(a), (1)(b), 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. 76-10-529. Possession of dangerous weapons, firearms, or explosives in airport secure areas prohibited -- Penalty.

(1) As used in this section: (a) "Airport authority" has the same meaning as defined in Section 72-10-102. (b) "Dangerous weapon" is the same as defined in Section 76-10-501. (c) "Explosive" is the same as defined for "explosive, chemical, or incendiary device" in Section 76-10-306.

(d) "Firearm" is the same as defined in Section 76-10-501. (2) (a) Within a secure area of an airport established pursuant to this section, a person, including a person licensed to carry a concealed firearm under Title 53, Chapter 5, Part 7, Concealed Weapon Act, is guilty of:

(i) a class A misdemeanor if the person knowingly or intentionally possesses any dangerous weapon or firearm;

(ii) an infraction if the person recklessly or with criminal negligence possesses any dangerous weapon or firearm; or

(iii) a violation of Section 76-10-306 if the person transports, possesses, distributes, or sells any explosive, chemical, or incendiary device. (b) Subsection (2)(a) does not apply to: (i) persons exempted under Section 76-10-523; and (ii) members of the state or federal military forces while engaged in the performance of their official duties.

(3) An airport authority, county, or municipality regulating the airport may: (a) establish any secure area located beyond the main area where the public generally buys tickets, checks and retrieves luggage; and

(b) use reasonable means, including mechanical, electronic, x-ray, or any other device, to detect dangerous weapons, firearms, or explosives concealed in baggage or upon the person of any individual attempting to enter the secure area.

(4) At least one notice shall be prominently displayed at each entrance to a secure area in which a dangerous weapon, firearm, or explosive is restricted.

(5) Upon the discovery of any dangerous weapon, firearm, or explosive, the airport authority, county, or municipality, the employees, or other personnel administering the secure area may:

(a) require the individual to deliver the item to the air freight office or airline ticket counter; (b) require the individual to exit the secure area; or (c) obtain possession or retain custody of the item until it is transferred to law enforcement officers.

Traveling with Firearms and ammunition - Airports cont.

It’s the permit holder’s responsibility to know and understand the applicable laws and regulations pertaining to the individual airport and airline he or she plans on traveling with.

In regards to firearms, ammunition and weapons, pre-travel planning is imperative. Traveling begins ―BEFORE‖ you even start to pack for your trip. Even though you are not taking a firearm, you should put together a travel checklist to include insuring all carry-on luggage is clear of any firearms, ammunition, or other prohibited weapons. This also includes items resembling a firearm or weapon i.e. replicas, red guns, etc. Checked luggage containing firearms, ammunition, or other weapons MUST be done so in compliance with state and federal law, Transportation Security Administration (TSA) regulations, the specific airport and the airline he or she is planning on flying with. It’s highly recommended to check their websites and or contacting each entity directly for information regarding specific allowances and restrictions.

76-10-530. Trespass with a firearm in a house of worship or private residence -- Notice -- Penalty.

(1) A person, including a person licensed to carry a concealed firearm pursuant to Title 53, Chapter 5, Part 7, Concealed Weapon Act, after notice has been given as provided in Subsection (2) that firearms are prohibited, may not knowingly and intentionally:

(a) transport a firearm into: (i) a house of worship; or (ii) a private residence; or (b) while in possession of a firearm, enter or remain in: (i) a house of worship; or (ii) a private residence. (2) Notice that firearms are prohibited may be given by: (a) personal communication to the actor by: (i) the church or organization operating the house of worship; (ii) the owner, lessee, or person with lawful right of possession of the private residence; or (iii) a person with authority to act for the person or entity in Subsections (2)(a)(i) and (ii); (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 in the house of worship;

(d) publication in a bulletin, newsletter, worship program, or similar document generally circulated or available to the members of the congregation regularly meeting in the house of worship; or

(e) publication in a newspaper of 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.

(3) A church or organization operating a house of worship and giving notice that firearms are prohibited may:

(a) revoke the notice, with or without supersedure, by giving further notice in any manner provided in Subsection (2); and

(b) provide or allow exceptions to the prohibition as the church or organization considers advisable.

(4) (a) (i) Within 30 days of giving or revoking any notice pursuant to Subsection (2)(c), (d), or (e), a church or organization operating a house of worship shall notify the division on a form and in a manner as the division shall prescribe.

(ii) The division shall post on its website a list of the churches and organizations operating houses of worship who have given notice under Subsection (4)(a)(i).

(b) Any notice given pursuant to Subsection (2)(c), (d), or (e) shall remain in effect until revoked or for a period of one year from the date the notice was originally given, whichever occurs first.

(5) Nothing in this section permits an owner who has granted the lawful right of possession to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm in the residence.

(6) A violation of this section is an infraction.

WEAPON LAWS U.C.A. § 76-10-500, 76-5-506, 76-5-509, 76-5-509.4,5,6,7,& 9. 76- 10-511, 76-5-526, 76-5-528

76-10-500. Uniform law.

(1) The individual right to keep and bear arms being a constitutionally protected right, the Legislature finds the need to provide uniform laws throughout the state. Except as specifically provided by state law, a citizen of the United States or a lawfully admitted alien shall not be:

(a) prohibited from owning, possessing, purchasing, selling, transferring, transporting, or keeping any firearm at his place of residence, property, business, or in any vehicle lawfully in his possession or lawfully under his control; or

(b) required to have a permit or license to purchase, own, possess, transport, or keep a firearm. (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. 76-10-506. Threatening with or using dangerous weapon in fight or quarrel.

(1) As used in this section, "threatening manner" does not include: (a) the possession of a dangerous weapon, whether visible or concealed, without additional behavior which is threatening; or

(b) informing another of the actor's possession of a deadly weapon in order to prevent what the actor reasonably perceives as a possible use of unlawful force by the other and the actor is not engaged in any activity described in Subsection 76-2-402(2)(a).

(2) Except as otherwise provided in Section 76-2-402 and for those persons described in Section 76- 10-503, a person who, in the presence of two or more persons, draws or exhibits a dangerous weapon in an angry and threatening manner or unlawfully uses a dangerous weapon in a fight or quarrel is guilty of a class A misdemeanor.

(3) This section does not apply to a person who, reasonably believing the action to be necessary in compliance with Section 76-2-402, with purpose to prevent another's use of unlawful force:

(a) threatens the use of a dangerous weapon; or (b) draws or exhibits a dangerous weapon. 76-10-507. Possession of deadly weapon with intent to assault.

Every person having upon his person a dangerous weapon with intent to use it to commit a criminal offense is guilty of a class A misdemeanor.

76-10-509. Possession of dangerous weapon by minor.

(1) A minor under 18 years of age may not possess a dangerous weapon unless he: (a) has the permission of his parent or guardian to have the weapon; or (b) is accompanied by a parent or guardian while he has the weapon in his possession. (2) Any minor under 14 years of age in possession of a dangerous weapon shall be accompanied by a responsible adult.

(3) Any person who violates this section is guilty of: (a) a class B misdemeanor upon the first offense; and (b) a class A misdemeanor for each subsequent offense.

76-10-509.4. Prohibition of possession of certain weapons by minors.

(1) A minor under 18 years of age may not possess a handgun. (2) Except as provided by federal law, a minor under 18 years of age may not possess the following:

(a) a short barreled rifle or short barreled shotgun; or (b) a fully automatic weapon. (3) Any person who violates Subsection (1) is guilty of: (a) a class B misdemeanor upon the first offense; and (b) a class A misdemeanor for each subsequent offense. (4) Any person who violates Subsection (2) is guilty of a third degree felony.

76-10-509.5. Penalties for providing certain weapons to a minor.

(1) Any person who provides a handgun to a minor when the possession of the handgun by the minor is a violation of Section 76-10-509.4 is guilty of:

(a) a class B misdemeanor upon the first offense; and (b) a class A misdemeanor for each subsequent offense. (2) Any person who transfers in violation of applicable state or federal law a short barreled rifle, short barreled shotgun, or fully automatic weapon to a minor is guilty of a third degree felony.

76-10-509.6. Parent or guardian providing firearm to violent minor.

(1) A parent or guardian may not intentionally or knowingly provide a firearm to, or permit the possession of a firearm by, any minor who has been convicted of a violent felony as defined in Section 76-3-203.5 or any minor who has been adjudicated in juvenile court for an offense which would constitute a violent felony if the minor were an adult.

(2) Any person who violates this section is guilty of: (a) a class A misdemeanor upon the first offense; and (b) a third degree felony for each subsequent offense. 76-10-509.7. Parent or guardian knowing of minor's possession of dangerous weapon.

Any parent or guardian of a minor who knows that the minor is in possession of a dangerous weapon in violation of Section 76-10-509 or a firearm in violation of Section 76-10-509.4 and fails to make reasonable efforts to remove the firearm from the minor's possession is guilty of a class B misdemeanor

76-10-509.9. Sales of firearms to juveniles.

(1) A person may not sell any firearm to a minor under 18 years of age unless the minor is accompanied by a parent or guardian.

(2) Any person who violates this section is guilty of a third degree felony.

76-10-511. Possession of loaded firearm at residence or on real property authorized. Except for persons described in Section 76-10-503 and 18 U.S.C. Sec. 922(g) and as otherwise prescribed in this part, a person may have a loaded firearm:

(1) at the person's place of residence, including any temporary residence or camp; or (2) on the person's real property.

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 not include a temporary permit issued pursuant to Section 53-5-705.

(2) (a) To establish personal identification and residence in this state for purposes of this part, a dealer shall require an individual receiving a firearm to present one photo identification on a form issued by a governmental agency of the state.

(b) A dealer may not accept a driving privilege card issued in accordance with Section 53-3- 207 as proof of identification for the purpose of establishing personal identification and residence in this state as required under this Subsection (2).

(3) A criminal history background check is required for the sale of a firearm by a licensed firearm dealer in the state.

(4) (a) An individual, except a dealer, purchasing a firearm from a dealer shall consent in writing to a criminal background check, on a form provided by the division.

(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 receiving the firearm; and

(iv) the Social Security number or any other identification number of the individual receiving the firearm.

(5) (a) The dealer shall send the form required by Subsection (4) to the division immediately upon its completion.

(b) No dealer shall sell or transfer any firearm to an individual until the dealer has provided the division with the information in Subsection (4) and has received approval from the division under Subsection (7).

(6) The dealer shall make a request for criminal history background information by telephone or other electronic means to the division and shall receive approval or denial of the inquiry by telephone or other electronic means.

(7) When the dealer calls for or requests a criminal history background check, the division shall:

(a) review the criminal history files, including juvenile court records, to determine if the individual is prohibited from purchasing, possessing, or transferring a firearm by state or federal law;

(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 or other circumstances beyond the control of the division, the division shall advise the dealer of the reason for the delay and give the dealer an estimate of the length of the delay.

(8) (a) The division shall not maintain any records of the criminal history background check longer than 20 days from the date of the dealer's request if the division determines that the

individual receiving the gun is not prohibited from purchasing, possessing, or transferring the firearm under state or federal law.

(b) However, the division shall maintain a log of requests containing the dealer's federal firearms 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 the individual attempting to purchase the firearm is prohibited from purchasing, possessing, or transferring a firearm, the division shall inform the law enforcement agency in the jurisdiction where the person resides.

(10) If an individual is denied the right to purchase a firearm under this section, the individual may review the individual's criminal history information and may challenge or amend the information as provided in Section 53-10-108.

(11) The division shall make rules as provided in Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all records provided by the division pursuant to this part are in conformance with the requirements of the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).

(12) (a) (i) All dealers shall collect a criminal history background check fee which is $7.50. (ii) This fee remains in effect until changed by the division through the process under Section 63J-1-303.

(b) (i) The dealer shall forward at one time all fees collected for criminal history background checks performed during the month to the division by the last day of the month following the sale of a firearm.

(ii) The division shall deposit the fees in the General Fund as dedicated credits to cover the cost of administering and conducting the criminal history background check program.

(13) An individual with a concealed firearm permit issued pursuant to Title 53, Chapter 5, Part 7, Concealed Weapon Act, shall be exempt from the background check and corresponding fee required in this section for the purchase of a firearm if:

(a) the individual presents the individual's concealed firearm permit to the dealer prior to purchase of the firearm; and

(b) the dealer verifies with the division that the individual's concealed firearm permit is valid. (14) A law enforcement officer, as defined in Section 53-13-103, is exempt from the background check fee required in this section for the purchase of a personal firearm to be carried while off-duty if the law enforcement officer verifies current employment by providing a letter of good standing from the officer's commanding officer and current law enforcement

photo identification. This section may only be used by a law enforcement officer to purchase a personal firearm once in a 24-month period.

76-10-528. Carrying a dangerous weapon while under influence of alcohol or drugs unlawful.

(1) Any person who carries a dangerous weapon while under the influence of alcohol or a controlled substance as defined in Section 58-37-2 is guilty of a class B misdemeanor. Under the influence means the same level of influence or blood or breath alcohol concentration as provided in Subsections 41-6a-502(1)(a) through(c).

(2) It is not a defense to prosecution under this section that the person:

(a) is licensed in the pursuit of wildlife of any kind; or (b) has a valid permit to carry a concealed firearm.

ASSAULT & RELATED OFFENSES U.C.A. § 76-5-102, 76-5-103, 76-5-107 & 76-9-102

76-5-102. Assault -- Penalties.

(1) Assault is: (a) an attempt, with unlawful force or violence, to do bodily injury to another; or (b) an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another.

(2) Assault is a class B misdemeanor. (3) Assault is a class A misdemeanor if: (a) the person causes substantial bodily injury to another; or (b) the victim is pregnant and the person has knowledge of the pregnancy.

(4) It is not a defense against assault, that the accused caused serious bodily injury to another

76-5-103. Aggravated assault -- Penalties.

(1) Aggravated assault is an actor's conduct: (a) that is: (i) an attempt, with unlawful force or violence, to do bodily injury to another; (ii) a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or (iii) an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and (b) that includes the use of: (i) a dangerous weapon as defined in Section 76-1-601; or (ii) other means or force likely to produce death or serious bodily injury.

(2) (a) A violation of Subsection (1) is a third degree felony, except under Subsection (2)(b). (b) A violation of Subsection (1) that results in serious bodily injury is a second degree felony.

76-5-107. Threat of violence -- Penalty.

(1) A person commits a threat of violence if: (a) 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; or (b) the person makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to another.

(2) A violation of this section is a class B misdemeanor. (3) It is not a defense under this section that the person did not attempt to or was incapable of carrying out the threat.

(4) A threat under this section may be express or implied.

(5) A person who commits an offense under this section is subject to punishment for that offense, in addition to any other offense committed, including the carrying out of the threatened act.

(6) In addition to any other penalty authorized by law, a court shall order any person convicted of any violation of this section to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity for all expenses and losses incurred in responding to the violation, unless the court states on the record the reasons why the reimbursement would be inappropriate.

76-9-102. Disorderly conduct

(1) A person is guilty of disorderly conduct if: (a) the person refuses to comply with the lawful order of a law enforcement officer to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or (b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, the person: (i) engages in fighting or in violent, tumultuous, or threatening behavior; (ii) makes unreasonable noises in a public place; (iii) makes unreasonable noises in a private place which can be heard in a public place; or (iv) obstructs vehicular or pedestrian traffic.

(2) "Public place," for the purpose of this section, means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

(3) The mere carrying or possession of a holstered or encased firearm, whether visible or concealed, without additional behavior or circumstances that would cause a reasonable person to believe the holstered or encased firearm was carried or possessed with criminal intent, does not constitute a violation of this section. Nothing in this Subsection (3) may limit or prohibit a law enforcement officer from approaching or engaging any person in a voluntary conversation.

(4) Disorderly conduct is a class C misdemeanor if the offense continues after a request by a person to desist. Otherwise it is an infraction.

UNIFORM FIREARM LAWS: U.C.A. § 53-5a-102&103

53-5a-102. Uniform firearm laws.

(1) The individual right to keep and bear arms being a constitutionally protected right under Article I, Section 6 of the Utah Constitution, the Legislature finds the need to provide uniform civil and criminal firearm laws throughout the state.

(2) Except as specifically provided by state law, a local authority or state entity may not: (a) prohibit an individual from owning, possessing, purchasing, selling, transferring, transporting, or keeping a firearm at the individual's place of residence, property, business, or in any vehicle lawfully in the individual's possession or lawfully under the individual's control; or

(b) require an individual to have a permit or license to purchase, own, possess, transport, or keep a firearm.

(3) In conjunction with Title 76, Chapter 10, Part 5, Weapons, this section is uniformly applicable

throughout this state and in all its political subdivisions and municipalities.

(4) All authority to regulate firearms is reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities.

(5) Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on either public or private property.

(6) As used in this section: (a) "firearm" has the same meaning as defined in Subsection 76-10-501(9); and (b) "local authority or state entity" includes public school districts, public schools, and state institutions of higher education.

(7) Nothing in this section restricts or expands private property rights. 53-5a-103. Discharge of firearm on private property -- Liability.

(1) Except as provided under Subsection (2), a private property owner, who knowingly allows a person who has a permit to carry a concealed firearm under Section 53-5-704 to bring the firearm onto the owner's 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 owner's property.

(2) Subsection (1) does not apply if the property owner solicits, requests, commands, encourages, or intentionally aids the concealed firearm permit holder in discharging the firearm while on the owner's property.

CHAPTER 45. PROTECTION OF ACTIVITIES IN PRIVATE VEHICLES U.C.A. 34-45-103

34-45-103. Protection of certain activities -- Firearms -- Free exercise of religion.

(1) Except as provided in Subsection (2), a person may not establish, maintain, or enforce any policy or rule that has the effect of:

(a) prohibiting any individual from transporting or storing a firearm in a motor vehicle on any property designated for motor vehicle parking, if:

(i) the individual is legally permitted to transport, possess, purchase, receive, transfer, or store the firearm;

(ii) the firearm is locked securely in the motor vehicle or in a locked container attached to the motor vehicle while the motor vehicle is not occupied; and

(iii) the firearm is not in plain view from the outside of the motor vehicle; or (b) prohibiting any individual from possessing any item in or on a motor vehicle on any property designated for motor vehicle parking, if the effect of the policy or rule constitutes a substantial burden on that individual's free exercise of religion.

(2) A person may establish, maintain, or enforce a policy or rule that has the effect of placing limitations on or prohibiting an individual from transporting or storing a firearm in a motor vehicle on property the person has designated for motor vehicle parking if:

(a) the person provides, or there is otherwise available, one of the following, in a location reasonably proximate to the property the person has designated for motor vehicle parking:

(i) alternative parking for individuals who desire to transport, possess, receive, transfer, or store a firearm in the individual's motor vehicle at no additional cost to the individual; or

(ii) a secured and monitored storage location where the individual may securely store a firearm before

proceeding with the vehicle into the secured parking area; or (b) the person complies with Subsection 34-45-107(5).

WEAPONS LAWS (NON-PERMIT HOLDERS): U.C.A. § 76-10-502, 76-10-503, 76-10-504, 76-10-505, & 76-10-505.5

76-10-502. When weapon deemed loaded.

(1) For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position.

(2) Pistols and revolvers shall also be deemed to be loaded when an unexpended cartridge, shell, or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired.

(3) A muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.

76-10-503. Restrictions on possession, purchase, transfer, and ownership of dangerous weapons by certain persons.

(1) For purposes of this section:

(a) A Category I restricted person is a person who: (i) has been convicted of any violent felony as defined in Section 76-3-203.5 ; (ii) is on probation or parole for any felony; (iii) is on parole from a secure facility as defined in Section 62A-7-101; (iv) within the last 10 years has been adjudicated delinquent for an offense which if committed by an adult would have been a violent felony as defined in Section 76-3-203.5; or

(v) is an alien who is illegally or unlawfully in the United States. (b) A Category II restricted person is a person who: (i) has been convicted of any felony; (ii) within the last seven years has been adjudicated delinquent for an offense which if committed by an adult would have been a felony;

(iii) is an unlawful user of a controlled substance as defined in Section 58-37-2 ; (iv) is in possession of a dangerous weapon and is knowingly and intentionally in unlawful possession of a Schedule I or II controlled substance as defined in Section 58-37-2 ;

(v) has been found not guilty by reason of insanity for a felony offense; (vi) has been found mentally incompetent to stand trial for a felony offense; (vii) has been adjudicated as mentally defective as provided in the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed to a mental institution;

(viii) has been dishonorably discharged from the armed forces; or (ix) has renounced his citizenship after having been a citizen of the United States. (2) A Category I restricted person who intentionally or knowingly agrees, consents, offers, or arranges to purchase, transfer, possess, use, or have under the person's custody or control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under

the person's custody or control:

(a) any firearm is guilty of a second degree felony; or (b) any dangerous weapon other than a firearm is guilty of a third degree felony.

(3) A Category II restricted person who purchases, transfers, possesses, uses, or has under the person's custody or control:

(a) any firearm is guilty of a third degree felony; or (b) any dangerous weapon other than a firearm is guilty of a class A misdemeanor. (4) A person may be subject to the restrictions of both categories at the same time. (5) If a higher penalty than is prescribed in this section is provided in another section for one who purchases, transfers, possesses, uses, or has under this custody or control any dangerous weapon, the penalties of that section control.

(6) It is an affirmative defense to a charge based on the definition in Subsection (1)(b)(iv) that the person was: (a) in possession of a controlled substance pursuant to a lawful order of a practitioner for use of a member of the person's household or for administration to an animal owned by the person or a member of the person's household; or

(b) otherwise authorized by law to possess the substance. (7) (a) It is an affirmative defense to transferring a firearm or other dangerous weapon by a person restricted under Subsection (2) or (3) that the firearm or dangerous weapon:

(i) was possessed by the person or was under the person's custody or control before the person became a restricted person;

(ii) was not used in or possessed during the commission of a crime or subject to disposition under Section 76-10-525;

(iii) is not being held as evidence by a court or law enforcement agency; (iv) was transferred to a person not legally prohibited from possessing the weapon; and (v) unless a different time is ordered by the court, was transferred within 10 days of the person becoming a restricted person.

(b) Subsection (7)(a) is not a defense to the use, purchase, or possession on the person of a firearm or other dangerous weapon by a restricted person.

(8) (a) A person may not sell, transfer, or otherwise dispose of any firearm or dangerous weapon to any person, knowing that the recipient is a person described in Subsection (1)(a) or (b).

(b) A person who violates Subsection (8)(a) when the recipient is: (i) a person described in Subsection (1)(a) and the transaction involves a firearm, is guilty of a second degree felony;

(ii) a person described in Subsection (1)(a) and the transaction involves any dangerous weapon other than a firearm, is guilty of a third degree felony;

(iii) a person described in Subsection (1)(b) and the transaction involves a firearm, is guilty of a third degree felony; or

(iv) a person described in Subsection (1)(b) and the transaction involves any dangerous weapon other than a firearm, is guilty of a class A misdemeanor.

(9) (a) A person may not knowingly solicit, persuade, encourage or entice a dealer or other person to sell, transfer or otherwise dispose of a firearm or dangerous weapon under circumstances which the person knows would be a violation of the law.

(b) A person may not provide to a dealer or other person what the person knows to be materially false information with intent to deceive the dealer or other person about the legality of a sale, transfer or other disposition of a firearm or dangerous weapon.

(c) "Materially false information" means information that portrays an illegal transaction as legal or a legal transaction as illegal.

(d) A person who violates this Subsection (9) is guilty of: (i) a third degree felony if the transaction involved a firearm; or (ii) a class A misdemeanor if the transaction involved a dangerous weapon other than a firearm.

76-10-504. Carrying concealed dangerous weapon -- Penalties.

(1) Except as provided in Section 76-10-503 and in Subsections (2), (3), and (4), a person who carries a concealed firearm, 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 firearm that 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.

(4) If the concealed firearm is used in the commission of a violent felony as defined in Section 76-3-203.5, and the person is a party to the offense, the person is guilty of a second degree felony.

(5) Nothing in Subsection (1) or (2) prohibits a person engaged in the lawful taking of protected or unprotected wildlife as defined in Title 23, Wildlife Resources Code of Utah, from carrying a concealed firearm as long as the taking of wildlife does not occur:

(a) within the limits of a municipality in violation of that municipality's ordinances; or (b) upon the highways of the state as defined in Section 41-6a-102

76-10-505. Carrying loaded firearm in vehicle or on street.

(1) Unless otherwise authorized by law, a person may not carry a loaded firearm: (a) in or on a vehicle, unless: (i) the vehicle is in the person's lawful possession; or (ii) the person is carrying the loaded firearm in a vehicle with the consent of the person lawfully in possession of the vehicle;

(b) on a public street; or (c) in a posted prohibited area. (2) Subsection (1)(a) does not apply to a minor under 18 years of age, since a minor under 18 years of age may not carry a loaded firearm in or on a vehicle.

(3) Notwithstanding Subsection (1)(a)(i) and (ii), a person may not possess a loaded rifle, shotgun, or muzzle-loading rifle in a vehicle.

(4) A violation of this section is a class B misdemeanor.

76-10-505.5. Possession of a dangerous weapon, firearm, or short barrel 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 short barrel 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.

(3) (a) Possession of a dangerous weapon on or about school premises is a class B misdemeanor. (b) Possession of a firearm or short barrel shotgun on or about school premises is a class A misdemeanor.

(4) This section does not apply if: (a) the person is authorized to possess a firearm as provided under Section 53-5-704, 53-5-705, 76- 10-511, or 76-10-523, or as otherwise authorized by law;

(b) the possession is approved by the responsible school administrator; (c) the item is present or to be used in connection with a lawful, approved activity and is in the possession or under the control of the person responsible for its possession or use; or

(d) the possession is: (i) at the person's place of residence or on the person's property; or (ii) in any vehicle lawfully under the person's control, other than a vehicle owned by the school or used by the school to transport students.

(5) This section does not prohibit prosecution of a more serious weapons offense that may occur on or about school premises.

PROHIBITION OF RESTRICTIONS ON AND CONFISCATION OF A FIREARM OR AMMUNITION DURING AN EMERGENCY. 63K-4-405

(1) As used in this section: (a) (i) "Confiscate" means for an individual in Utah to intentionally deprive another of a privately owned firearm.

(ii) "Confiscate" does not include the taking of a firearm from an individual: (A) in self-defense; (B) possessing a firearm while the individual is committing a felony or misdemeanor; or (C) who may not, under state or federal law, possess the firearm. (b) "Firearm" has the same meaning as defined in Subsection 76-10-501(9). (2) During a declared state of emergency or local emergency under this chapter: (a) neither the governor nor an agency of a governmental entity or political subdivision of the state may impose restrictions, which were not in force prior to the declared state of emergency,

on the lawful possession, transfer, sale, transport, storage, display, or use of a firearm or ammunition; and

(b) an individual, while acting or purporting to act on behalf of the state or a political subdivision of the state, may not confiscate a privately owned firearm of another individual.

(3) A law or regulation passed during a declared state of emergency that does not relate specifically to the lawful possession or use of a firearm and that has attached criminal penalties may not be used to justify the confiscation of a firearm from an individual acting in defense of self, property, or others when on:

(a) the individual's private property; or (b) the private property of another as an invitee. (4) (a) An individual who has a firearm confiscated in violation of Subsection (2) may bring a civil action in a court having the appropriate jurisdiction:

(i) for damages, in the maximum amount of $10,000, against a person who violates Subsection (2);

(ii) for a civil penalty, in the amount of $5,000 per violation, against a person who violates Subsection (2); and

(iii) for return of the confiscated firearm. (b) As used in this Subsection (4), "person" means an individual, the governmental entity on whose behalf the individual is acting or purporting to act, or both the individual and the governmental entity.

(5) (a) A law enforcement officer shall not be subject to disciplinary action for refusing to confiscate a firearm under this section if:

(i) ordered or directed to do so by a superior officer; and (ii) by obeying the order or direction, the law enforcement officer would be committing a violation of this section.

(b) For purposes of this Subsection (5), disciplinary action might include: (i) dismissal, suspension, or demotion; (ii) loss of or decrease in benefits, pay, privileges or conditions of employment; and (iii) any type of written or electronic indication, permanent or temporary, on the officer's personnel record of the officer's refusal to obey the unlawful order.

(6) (a) If a law enforcement officer commits a violation of this section, the officer's liability in an action brought under Subsection (4)(a) is limited to 5% of the damages and civil penalty allowed under Subsection (4)(a) if the officer can show by clear and convincing evidence that the officer was obeying a direct and unlawful order from a superior officer or authority.

(b) The balance of the damages and civil penalty, the remaining 95%, shall be assessed against the superior officer or authority who ordered or directed the confiscation in violation of this section.

II. U.S. FEDERAL FIREARMS REGULATIONS REFERENCE GUIDE, TITLE 18,

CHAPTER 44 – FIREARMS: Title 18 Chapter 44

A. Section 922 Unlawful acts

(a) (6) Straw Purchase, Knowingly purchasing a firearm on behalf of a

restricted person (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

School Zone concealed firearm permit exception, (922 (q) (2) (B) (ii)

1. If the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license.

B. Section 924 Penalties (Unlawful acts)

922 (a) (6) Straw Purchase - The person shall be fined as provided in this

title, imprisoned not more than 10 years, or both. (felony offense)

922 (a) (3) Unlawful transport of firearm by non-licensed dealer,

importer, manufacturer, or collector – The person shall be fined under this title, imprisoned not more than 5 years, or both. (felony offense)

922 (d) (1) Unlawful transfer of a firearm to a restricted person. The

person shall be fined as provided in this title, imprisoned not more than 10 years, or both. (felony offense)

922 (g) (1) Unlawful possession of a firearm by a restricted person - The

person shall be fined as provided in this title, imprisoned not more than 10 years, or both. (felony offense)

922 (q) (2) Unlawful possession of a firearm in a school zone – The person shall be fined under this title, imprisoned not more than 5 years or both. (felony offense)

C. Section 926A Interstate transportation of firearms

1. Not prohibited from transporting, shipping or receiving 2. For any lawful purpose, shall be entitled to carry from one place to another 3. Firearm must be unloaded 4. Firearm and ammunition not to be readily accessible or directly accessible

from the passenger compartment. 5. Firearm and ammunition contained in a locked container other than glove

compartment or console

D. Section 929 Use of restricted ammunition

1. Possession of armor piercing ammunition and firearm capable of firing the ammunition during the commission of a crime of violence or drug trafficking crime shall be in addition to the crime of violence or drug trafficking crime, carries a term of imprisonment for not less that 5 years.

E. Section 930 Possession of firearms and dangerous weapons in federal

facilities

1. Knowingly possess or cause to be present a firearm or other dangerous

weapons in a federal facility other than a federal court facility or attempt to do so shall be fined under this title or imprisoned not more than 1 year or both.

2. With intent to use a firearm or dangerous weapon in the commission of a crime, knowingly possess or causes to be present such firearm or dangerous weapons in a Federal facility, or attempts to do so shall be fined under this title or imprisoned not more that 5 years, or both.

3. Knowingly possess or cause to be present a firearm in a Federal court

facility, or attempts to do so, shall be fined under this title, imprisoned not more than 2 years or both.

4. Federal facility defined: 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.

5. Federal court facility: The courtroom, judges’ chambers, witness rooms,

jury deliberation rooms, attorney conference rooms, prisoner holding cells, offices of the court clerks, the United States attorney, and the parole offices, and adjoining corridors of any court of the United State

6. Exemptions: (Firearm Possession Allowed)

a. Lawful performance of official duties by officer, agent, or

employee of the United States, a state, or political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law

b. Possession of a firearm or other dangerous weapons by a federal

official or member of the armed forces if such possession is authorized by law; or

c. The lawful carrying of firearms or other dangerous weapons in a

federal facility incident to hunting or other lawful purpose.

III. BCI ADMINISTRATIVE POLICY

A. REGULATORY DUTIES

1. The Utah Bureau of Criminal Identification, a bureau within the Utah

Department of Public Safety, has charge to issue, regulate, and enforce the Utah concealed firearm permit under U.C.A. § 53-5-704.

2. Also contained under U.C.A. § 53-5-704, The Utah Bureau of Criminal

Identification has charge to instruct, certify, supervise and enforce all Utah certified concealed firearm instructors.

B. CONCEALED FIREARM PERMIT APPLICATION

1. PROCESSING

a. Must be at least 21 years to apply

b. Must complete a firearms general familiarity course certified by

BCI prior to application. BCI must receive your application within one year from the course or the training will need to be repeated.

c. After ―general familiarity‖ instruction, please complete the course

survey. This is available on the BCI website. Please return survey by e-mail to DPSFIREARMS@utah.gov

d. Apply in person or by mail at the Utah Bureau of Criminal

Identification at 3888 West 5400 South, Taylorsville UT 84129. Applications will be accepted from 8:00 a.m. until 5:00 p.m. Monday – Friday at the BCI office.

2. PLEASE ANSWER ALL QUESTIONS IN THE APPLICATION BY TYPING OR CLEARLY PRINTING IN INK. ATTACH ALL DOCUMENTATION REQUIRED. EVERY APPLICATION MUST BE SIGNED AND DATED PRIOR TO BEING SUBMITTED.

A non-refundable fee of $57.00 will be charged for in-state concealed firearm permit applicants. Out of state applicants will be charged $67.00. The Bureau will accept cash, check, money order or credit cards (VISA and MASTERCARD). Credit card payment must include the 3 digit control number from the back of the card. Make the checks or money orders payable to the Utah Bureau of Criminal Identification. There will be a $20.00 service charge for returned checks. DO NOT SEND CASH IN THE MAIL.

Once your application is received, a background investigation will be conducted. When this process is complete, and it is determined that the criteria established by law has been met, the permit will be mailed to you. Please do not call to check the status of your permit. Your application will be receipted once it is received. The bureau has 60 days by statute to process your application.

3. WHAT MUST ACCOMPANY THE APPLICATION

a. Photocopy of your driver’s license

b. One (blue & white) applicant fingerprint card. The card must be

filled out completely, using black ink only. Writing and prints must be legible. Fingerprints should be taken by a trained fingerprint technician. Fingerprints that are not legible will be returned to the applicant and will cause a delay in processing the application.

c. One passport quality photograph, 2‖X 2‖. The photo must be taken

against a white background, in normal attire and without hats or sunglasses. Your name must be included on the back of the photograph.

d. The application must include the applicant’s physical address.

Also include the mailing address, if it differs from the physical address.

e. If a non-resident applicant is from a state that either has a formal

reciprocity agreement or recognizes the Utah permit, the applicant must hold and provide proof of a current concealed firearm or concealed weapon permit issued through their state of residency upon application for the Utah concealed firearm permit. This change will not affect those applicants who reside in a state that does not have formal reciprocity or recognition with Utah.

f. If you are a resident alien or naturalized citizen, you must include

your alien registration number or naturalization number on your application and fingerprint card.

WARNING: Falsification of any information in the application may result in denial, suspension, or revocation of a permit and possible criminal prosecution.

4. WHAT MUST ACCOMPANY THE RENEWAL APPLICATION

a. $15.00 renewal application/processing fee

b. One passport quality photograph, 2‖X 2‖. The photo must be

taken against a white background, in normal attire and without hats or sunglasses. Your name and Utah permit number must be included on the back of the photograph.

c. Permit holders can renew in person, by mail and 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.

d. If a non-resident applicant is from a state that either has a formal

reciprocity agreement or recognizes the Utah permit, the applicant must hold and provide proof of a current concealed firearm or concealed weapon permit issued through their state of residency upon application for the Utah concealed firearm permit. This change will not affect those applicants who reside in a state that does not have formal reciprocity or recognition with Utah, i.e. California, New York, etc.

NOTE: The Utah concealed firearm permit is valid for 5 years from the date the permit was issued. Permit holders can renew up to 90 days prior to expiration.

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. WARNING: Falsification of any information in the application may result in denial,

suspension, or revocation of a permit and possible criminal prosecution.

C. CRITERIA FOR ISSUANCE, DENIAL SUSPENSION AND

REVOCATION U.C.A. § 53-5-704 (1), (2), (3)

1. CONCEALED FIREARM PERMIT STATUTORY GUIDELINES

U.C.A. § 53-5-704 (1-3)

(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 within 60 days after receiving an application, unless during that 60- day period the bureau finds proof that the applicant does not meet the qualifications set forth in subsection (2).

(2) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if the applicant or permit holder:

i. Has been or is convicted of a felony;

ii. Has been or is convicted of a crime of violence;

iii. Has been or is convicted of an offense involving the use of

alcohol;

iv. Has been or is convicted of an offense involving the

unlawful use of narcotics or controlled substance;

v. Has been or is convicted of an offense involving moral

turpitude;

vi. Has been or is convicted of a crime involving domestic

violence; vii. Has been or is adjudicated mentally incompetent by a state or federal court as mentally incompetent unless the adjudication has been withdrawn or reversed and;

viii. Is not qualified to purchase and possess a firearm pursuant

U.C.A. § 76-10-503 and federal law

(2) (b) In determining whether an applicant meets the qualifications set

forth in subsection (2)(a), the bureau shall consider mitigating circumstances.

(3) (a) The bureau may deny, suspend, or revoke a concealed firearm

permit if it has reasonable cause to believe that the applicant or

permit holder has been or is a danger to self or others as demonstrated by evidence, including:

i. Past pattern of behavior involving unlawful violence or

threats of unlawful violence;

ii. Past participation in incidents involving unlawful violence

or threats of unlawful violence; or

iii. Conviction of an offense in violation of U.C.A. § 76-10-5,

Weapons (3) (b) The bureau may not deny, suspend, or revoke a concealed firearm permit solely for a single conviction for an infraction violation of Title 76, Chapter 10, Part 5, Weapons.

(3) (c) In determining whether the applicant has been or is a danger to self

or others, the bureau may inspect:

(i) expunged records or arrests and convictions of adults as

provided in Section 77-18-15; and (ii) juvenile court records as provided in Section 78 –3a-206

Note: Danger to self or others may include threats or attempts of suicide with or without arrest or conviction.

2. UTAH STATE FIREARM POSSESSION PROHIBITIONS,

CATEGORY I, U.C.A. § 76-10-503 (1)(a) i-iv

i. Conviction of violent felony

ii. On probation or parole for any felony

iii. On Parole from a secured facility

iv. Within the last 10 years, has been adjudicated delinquent for an

offense which if committed by an adult would have been a violent as defined in Section 76-3-203.5; or

v. is an alien who is illegally or unlawfully in the United States

3. UTAH STATE FIREARM POSSESSION PROHIBITIONS,

CATEGORY II, U.C.A. § 76-10-503(1)(b) i-x

i. Convicted of any felony

ii. Within the last 7 years, has been adjudicated delinquent for an

offense which if committed by an adult would have been a felony;

iii. Is an unlawful user of control substance as defined in section 58-

37-2;

iv. In possession of a dangerous weapon and is knowingly and

intentionally in unlawful possession of a schedule I or II controlled substance as defined in Section 58-37-2;

v. Has been found not guilty by reason of insanity for a felony

offense;

vi. Has been found mentally incompetent to stand trial for a felony

offense;

vii. Has been adjudicated as mentally defective as provided in the

Brady Handgun Violence Prevention Act or has been committed to a mental institution;

viii. Has been dishonorably discharged from the armed forces, or

ix. Has renounced his citizenship after having been a citizen of the

United States.

4. FEDERAL FIREARMS PROHIBITIONS FROM POSSESSION (18

U.S.C. CHAPTER 44, 922) (g) 1-9

1. Convicted in any court of a crime punishable by imprisonment for

a term exceeding one year, (Felony);

2. Fugitive from Justice;

3. Unlawful user or addicted to controlled substance;

4. Adjudicated as mental defective or committed to a mental

institution;

5. Illegal or unlawfully in the United States as an alien; 6. Discharged from the armed forces under dishonorable conditions;

7. Having been a citizen of the United States, renounces his/her

citizenship;

8. Subject to a protective order; or

9. Convicted of a misdemeanor crime of domestic violence.

5. FALSIFICATION OF THE APPLICATION U.C.A. § 53-5-704 (14)

An individual who knowingly and willfully provides false information on a concealed firearm permit or instructor application is guilty of a class B misdemeanor, and the application may denied, or the permit may be suspended or revoked.

D. ADJUDICATIVE PROCEDURES (APPEAL PROCESS) U.C.A. § 53-5-704

(16) a-e

a. In the event of suspension, revocation, or denial, the application or permit

holder may file a petition for review by the concealed firearms review board within 60 days.

b. The denial of the permit shall be in writing and shall include the general

reasons for the action.

c. Upon appeal to the board, the applicant may have access to the evidence

upon which the denial is based.

d. On appeal to the board, the agency has the burden of proof by a

preponderance of the evidence.

e. (i) Upon ruling by the board on the appeal of a denial, the bureau

shall issue a final order within 30 days stating the board’s decision. (ii) The final order shall be in the form prescribed by Section 63G-4-

203(1)(i). (iii) The final order is final agency action for purposes of judicial

review under Section 63G-4-203(1)(i). IV. OTHER PRACTICAL AND LEGAL CONSIDERATIONS

A. SUMMARY OF SECURED / PROHIBITED AREAS:

1. Airports secure areas 2. Court secure areas 3. Jail secure areas 4. Federal Buildings 5. Correctional and mental health facilities

6. A house of worship (after all posting and notification requirements have

been met) 7. A private residence if notice is given (verbal/posted sign) 8. Any area designated secure or otherwise prohibited by state or federal law

B. PERMIT HOLDERS SHOULD KNOW WHAT TO DO DURING A

POLICE ENCOUNTER:

1. Keep your hands visible at all times. 2. Comply fully with all instructions given by the officer. 3. If you are asked if you have a firearm in your presence, it is recommended

that you be completely truthful and cooperative. 4. If asked, please advise the officer of the location of the firearm. 5. Do not reach for your firearm/weapons or anything else unless instructed

to do so.

C. RECIPROCITY AND RECOGNITION:

1. Reciprocity: A formalized and usually conditional agreement between

states that allows the acceptance of concealed firearm permits and firearms possession within theses states respectively. States with formal reciprocity are as follows:

Alabama, Alaska, Colorado, Florida, Georgia, Louisiana, Mississippi, New Hampshire, North Carolina, North Dakota, Ohio, Pennsylvania, South Dakota, Texas, Virginia, Washington State and West Virginia.

2. Recognition: An informal policy of recognizing another states concealed

firearm permit by virtue of it’s validity in the state of issue. States that recognize Utah’s concealed firearm permit are as follows:

Arizona, Arkansas, Delaware, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Michigan, Missouri, Montana, Nebraska, Nevada, Oklahoma, Tennessee, Vermont, Wisconsin and Wyoming.

3. States that do not recognize Utah permits:

California, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island and South Carolina.

Note: It is the responsibility of the Utah concealed firearm permit holder to

research and abide by each state’s laws.

D. DISCUSS CIVIL VS. CRIMINAL LIABILITY:

1. Criminal

a. The burden of proof is on the state "beyond a reasonable doubt.‖

b. Liability determined for criminal punishment, prison, fines etc.

c. Usually always investigated by the police.

2. Civil

a. Burden of proof is on the party asserting the claim by

―preponderance of the evidence.‖

b. Liability determined to restore monetary or physical loss.

c. Usually always considered following the death of a person in the

form of wrongful death and personal injury law suits.

Note: Utah will recognize valid permits from all states or counties in

accordance with U.C.A. § 76-10-523 (2) (b)


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.

E. DESCRIBE THE ESCALATION OF FORCE AND EXPLAIN THE ROLES

AND RESPONSIBILITIES OF A CONCEALED FIREARM PERMIT HOLDER IN ESCALATING AND DE-ESCALATING CONFRONTATIONS.

1. Confrontation/threatening presence 2. Verbal threats 3. Physical 4. Less than deadly force 5. Deadly force

F. CONCEALED FIREARM PERMIT HOLDERS RESPONSIBILITY

1. LAWS CONSISTENTLY CHANGE, THERFORE IT IS THE

RESPONSIBILITY OF EACH PERMIT HOLDER TO KEEP UP WITH CHANGES IN FEDERAL LAW, STATE LAW AND APPLICABLE ADMINISTRATIVE RULES.

Utah’s CCW Web link: https://bci.utah.gov/concealed-firearm/how-do-i-apply-for-a-concealed-firearm-permit/

Florida -

FLORIDA CONCEALED WEAPON OR FIREARM LICENSE

Application Instructions

The Florida Department of Agriculture and Consumer Services issues licenses to eligible Florida residents and non-residents, permitting them to carry a concealed weapon or firearm.

With a concealed weapon or firearm license also comes a tremendous responsibility.

Individuals who choose to arm themselves with weapons should, therefore, be armed with the most indispensable weapon of all: knowledge.

Review provisions of the law that regulate the use of weapons and firearms before choosing to carry one.

Please make every effort to exercise your lawful right safely and responsibly.

07/2017

BEFORE COMPLETING A PAPER APPLICATION, READ THIS! You can apply electronically for a Florida Concealed Weapon or Firearm License at one of the Division of Licensing’s Regional Offices or at one of the authorized tax collector’s offices located throughout the State of Florida. Either service is designed to allow applicants to complete the entire application process quickly and conveniently. DO NOT COMPLETE THIS APPLICATION. At the time of your appointment, staff will assist you with completing an electronic application. Staff will also scan your fingerprints, take your photograph, and process your payment. Information regarding both services is available on our website at www.mylicensesite.com.

APPLICATION INSTRUCTIONS PLEASE READ THE INSTRUCTIONS ON THE FOLLOWING PAGES CAREFULLY. FAILURE TO COMPLETE THE APPLICATION IN ITS ENTIRETY IN ACCORDANCE WITH THESE INSTRUCTIONS WILL CAUSE DELAYS IN THE PROCESSING OF YOUR APPLICATION. TYPE OR PRINT IN BLACK INK WHEN COMPLETING THE APPLICATION. PLACE LETTERS AND NUMBERS WITHIN THE DESIGNATED BOXES. IF YOU RECEIVED THE APPLICATION PACKAGE BY MAIL, RETURN YOUR COMPLETED APPLICATION AND OTHER MATERIALS USING THE ENVELOPE INCLUDED IN THE PACKAGE. IF YOU DOWNLOADED YOUR APPLICATION, USE AN ENVELOPE THAT IS LARGE ENOUGH TO ENSURE THE APPLICATION AND OTHER REQUIRED DOCUMENTS LIE FLAT AND ARE NOT FOLDED OR CREASED.

MINIMUM ELIGIBILITY REQUIREMENTS

• You must be at least 21 years of age unless you are a servicemember, as defined in Section 250.01, Florida Statutes, or you are a veteran of the United States Armed Forces who was discharged under honorable conditions.

• You must meet the CITIZENSHIP and RESIDENCY requirements set forth in the law. See the instructions for Question 5 in Section II below for further details.

• You must be able to provide a CERTIFICATE OF COMPLETION from a firearms training class or other acceptable training document that evidences your competency with a firearm. See the instructions for Question 6 in Section II below for further details.

• You must not have a DISQUALIFYING CRIMINAL RECORD or other condition that would make you ineligible for licensure. If you have any questions about your eligibility, you can complete the online preliminary eligibility questionnaire on our website at www.mylicensesite.com.

SECTION I APPLICANT INFORMATION

Please provide all personal identifying information requested in this section. Note the following specific instructions:

• USE OF SOCIAL SECURITY NUMBERS: Section 119.071(5)(a) 2, Florida Statutes, authorizes the Department of Agriculture and Consumer Services, Division of Licensing, to request social security numbers from applicants. Applicant social security numbers are maintained and used by the Division of Licensing for identification purposes, to prevent misidentification, and to facilitate the approval process by the Division. The Department of Agriculture and Consumer Services, Division of Licensing, will not disclose an applicant’s social security number without consent of the applicant to anyone outside of the Department of Agriculture and Consumer Services, Division of Licensing, or as required by law. HOWEVER, SUBMISSION OF YOUR SOCIAL SECURITY NUMBER ON YOUR CONCEALED WEAPON LICENSE APPLICATION IS OPTIONAL AND VOLUNTARY. IF YOU CHOOSE NOT TO SUBMIT YOUR SOCIAL SECURITY NUMBER, IT WILL HAVE NO BEARING ON THE PROCESSING OF YOUR APPLICATION.

• TELEPHONE NUMBER; EMAIL ADDRESS: This information is requested to facilitate the application process should the Division need to contact you about your application. Including this information on your application is VOLUNTARY.

• RESIDENCE ADDRESS: You must provide a residence address. A Post Office Box is not acceptable.

MILITARY SERVICE SEEKING EXPEDITED PROCESSING: Answer YES to this question ONLY IF:

• You are an active-duty United States military servicemember, as defined in Section 250.01, Florida Statutes; OR

• You are an honorably discharged United States veteran, as defined in Section 1.01, Florida Statutes; AND

• You are requesting expedited processing of your application.

Florida Concealed Weapon or Firearm License Application Instructions Rev. July 2017

MILITARY SERVICE SEEKING EXPEDITED PROCESSING

CONTINUED

:

IF you answered yes to this question and are an active-duty United States military servicemember, submit your completed application along with any of the following:

• a copy of your Common Access Card;

• a copy of your United States Uniform Services Identification Card;

• a copy of your current deployment orders. IF you answered yes to this question and are an honorably discharged United States veteran, submit a copy of the DD Form 214 indicating honorable discharge from military service or another acceptable form of identification recognized by the Department of Veterans’ Affairs establishing honorable discharge from military service.

SECTION II QUALIFYING DATA

You must provide responses to all the questions indicated in this section. Please read the detailed instructions included here for each of the 17 questions in this section.

QUESTION 1

If you answer YES to this question: Complete only Sections I and III of the application form. Submit the application with a color photograph, a fee payment in the amount of $300, and a letter of certification stating that you are a consular official engaged in security duties on behalf of your government. This letter must be written in English on embassy or consulate letterhead stationery, and it must be signed by the ambassador, the ambassador’s designee, or the consul-general.

QUESTION 2 Answer YES to this question ONLY IF:

• You are CERTIFIED by the Florida Criminal Justice Standards and Training Commission as a law enforcement officer, correctional officer, or correctional probation officer as defined in ss. 943.10(1), (2), (3), (6), (7), (8), or (9), Florida Statutes; AND,

• You are CURRENTLY EMPLOYED as a law enforcement officer, correctional officer or correctional probation officer. If you answer YES to this question: Submit your complete application along with a color photograph, a check or money order in the amount of $55 for the license fee, and an official letter on agency letterhead stating that you are currently employed with that agency as a law enforcement officer, correctional officer, or correctional probation officer. This letter must be signed by the agency head, the agency’s authorized representative, or the agency’s personnel officer.

QUESTION 3

Answer YES to this question ONLY IF you retired from a Florida law enforcement agency by which you were employed as a law enforcement officer, correctional officer, or correctional probation officer. If you answer YES to this question and retired within the year immediately preceding the date on which you are submitting your application to the Division: submit your complete application along with a color photograph and a copy of an official document that shows the date of your retirement and the name of the public agency from which you retired. You do not need to submit any fees. If you answer YES to this question and retired more than one year ago: submit a complete application, a fingerprint card, a color photograph, a copy of an official document that shows the date of your retirement and the name of the public agency from which you retired, and a fee payment in the amount of $72 (license fee $30 + fingerprint processing fee $42). PLEASE NOTE: You must have actually RETIRED as a law enforcement officer, correctional officer, or correctional probation officer in order to qualify for the fee exemptions provided for in statute. Simply having been formerly employed at one time as a law enforcement officer, correctional officer, or correctional probation officer is not sufficient. Note also that Florida law does not extend this fee exemption to federal law enforcement retirees or law enforcement retirees from other states.

QUESTION 4 Section 119.071 F. S., excludes from public disclosure specified information such as home addresses, telephone numbers, social security numbers, and photographs pertaining to certain individuals. To determine whether you qualify for an exemption, you can read the complete text of the law online at http://www.leg.state.fl.us/Statutes/. Answer YES to this question ONLY IF you qualify for exemption as prescribed by s. 119.071, F. S. EVEN IF YOU DO NOT QUALIFY FOR THE EXEMPTION AS DESCRIBED ABOVE: Section 790.0601, F.S., makes the personal identifying information of any concealed weapon licensee or applicant confidential and exempt from disclosure provisions of Florida’s public records law EXCEPT IN THE FOLLOWING CONDITIONS: (1) we have the express written consent of the applicant or licensee or his/her legally authorized representative to disclose information; (2) we receive a court order showing good cause for the disclosure of that information; or (3) we receive a request from a law enforcement agency in connection with the performance of that agency’s lawful duties and responsibilities.

QUESTION 5 You must be a CITIZEN of the United States or a PERMANENT RESIDENT ALIEN and you must CURRENTLY RESIDE in this country in order to qualify for a Florida concealed weapon license. However, note the following special instructions:

• If you are not currently residing in the United States because you are serving in the US Armed Forces: submit a copy of your deployment documentation with your application.

• If you are a PERMANENT RESIDENT ALIEN: submit the documentation issued to you by the Department of Homeland Security, U. S. Citizenship and Immigration Services (USCIS) giving you permanent resident alien status.

• If you were born outside the United States and are now a US citizen, submit a copy of any one of the following documents with your application: a U.S. passport, a Consular Report of Birth (Form FS-240), a Certification of Report of Birth (DS-1350), a Certificate of Naturalization (Form N-550 or N-570), or a Certificate of Citizenship (Form N-560 or N-561). These various documents are issued either by the U.S. Department of State or the USCIS.

QUESTION 6

Florida law requires you to submit proof of competency with a firearm in order to qualify for a concealed weapon license. A copy of a CERTIFICATE OF COMPLETION or similar document from any of the following courses or classes is acceptable:

• any hunter education or hunter safety course approved by the Florida Fish and Wildlife Conservation Commission or a similar agency in another state;

• any National Rifle Association firearms safety or training course;

• any firearms safety or training course or class available to the general public offered by a law enforcement agency, junior college, college, or private or public institution or organization or firearms training school, utilizing instructors certified by the National Rifle Association, the Criminal Justice Standards and Training Commission, or the Department of Agriculture and Consumer Services;

• any law enforcement firearms safety or training course or class offered for security officers, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement;

• any firearms training or safety course or class conducted by a state-certified instructor or by an instructor certified by the National Rifle Association. The copy of the training certificate/document must be clear and legible. The certificate/document must include your name, your instructor’s name, your instructor’s qualifications/credentials (National Rifle Association instructor, law enforcement firearms instructor, Class “K” Firearms Instructor licensed by the State of Florida, etc.), and your instructor’s license/ certification number. Other acceptable forms of training documentation include the following:

• documentary evidence of experience with a firearm obtained through participation in organized shooting competition;

• active-duty military personnel may submit copies of any of the following documents that confirm your experience with a firearm gained during service: military orders including call to active-duty letter; a statement of military service signed by, or at the direction of, the adjutant, personnel officer, or commander of your unit or higher headquarters which identifies you and provides your date of entry for your current active-duty period;

• former military personnel can submit a DD Form 214 reflecting honorable discharge from military service. PLEASE NOTE: Any National Rifle Association firearms safety or training course, any firearms safety or training course or class available to the general public offered by a law enforcement agency, junior college, college, or private or public institution or organization or firearms training school, utilizing instructors certified by the National Rifle Association, the Criminal Justice Standards and Training Commission, the Department of Agriculture and Consumer Services, or any firearms training or safety course or class conducted by a state-certified instructor or by an instructor certified by the National Rifle Association must include live fire using a firearm and ammunition as defined in Section 790.001, Florida Statutes, in the physical presence of an instructor. DO NOT SEND ORIGINAL TRAINING DOCUMENTS OR OTHER RELATED MATERIALS TO THE DIVISION.

QUESTION 7

If you have been convicted of a felony as described in section 790.23, Florida Statutes, and the felony conviction occurred within the State of Florida, your civil rights and firearm rights must be restored by the Florida Office of Executive Clemency in order to qualify you for a Florida concealed weapon license. Felony convictions occurring in another state require restoration of civil and firearm rights by the state in which the conviction occurred. If you were convicted of a felony under federal law, you must have a Presidential pardon or have been granted relief from federal firearm disabilities through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Please note - since 1992, the Bureau of Alcohol, Tobacco, Firearms and Explosives’ annual appropriation has prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities submitted by individuals. For information on how to obtain a Presidential pardon, contact the Office of the Pardon Attorney; U.S. Department of Justice; 500 First Street, N.W.; Washington, DC 20530; www.justice. gov/pardon/. If your civil rights and firearms rights have not been restored as described above, or if you cannot provide proof of restoration of civil rights and firearms rights, you are not eligible for a Concealed Weapon or Firearm License.

QUESTION 8

If you have had ADJUDICATION OF GUILT WITHHELD OR IMPOSITION OF SENTENCE SUSPENDED ON ANY FELONY, you are NOT ELIGIBLE for a Florida concealed weapon license unless a period of three years has elapsed since probation or any other conditions set by the court have been fulfilled (or the record has been expunged). If you answer YES to this question, you must submit a copy of the document issued by the court or probation office evidencing completion of probation or other court-imposed conditions. Alternatively, you can submit a copy of the court document ordering that the record be expunged.

QUESTION 9

If you have had ADJUDICATION OF GUILT WITHHELD OR IMPOSITION OF SENTENCE SUSPENDED ON A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE, you are NOT ELIGIBLE for a Florida concealed weapon license unless a period of three years has elapsed since probation or any other conditions set by the court have been fulfilled (or the record has been expunged). If you answer YES to this question, you must submit a copy of the document issued by the court or probation office evidencing completion of probation or other court-imposed conditions. Alternatively, you can submit a copy of the court document ordering that the record be expunged.

QUESTION 10

If you have been FOUND GUILTY OF, HAD ADJUDICATION OF GUILT WITHHELD FOR, OR HAD IMPOSITION OF SENTENCE SUSPENDED FOR ONE OR MORE MISDEMEANOR CRIMES OF VIOLENCE, you are NOT ELIGIBLE for a Florida concealed weapon license unless a period of three years has elapsed since probation or any other conditions set by the court have been fulfilled (or the record has been sealed and expunged). If you answer YES to this question, you must submit a copy of the document issued by the court or probation office evidencing completion of probation or other court- imposed conditions. Alternatively, you can submit a copy of the court document ordering that the record be sealed and expunged.

QUESTION 11

If you have been CONVICTED OR FOUND GUILTY OF A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE, you are NOT ELIGIBLE for a Florida concealed weapon license. Owning or possessing a firearm by one who has been convicted of a misdemeanor crime of domestic violence is also punishable under federal law §18 USC 922. A misdemeanor crime of domestic violence includes any misdemeanor conviction or suspended sentence involving the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim. Examples include, but are not limited to, spouse abuse, battery/domestic violence, child abuse, assault, etc. A person shall not be considered to have been convicted if the conviction or suspended sentence has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the convicting state provides for the loss of civil rights upon conviction of such an offense) unless the pardon, expunction, or restoration of civil rights expressly provides that the person may not possess or receive firearms.

QUESTION 12

If you have been issued an injunction that is currently in force and effect that restrains you from committing acts of domestic violence or acts of repeat violence, you are NOT ELIGIBLE for a Florida concealed weapon license. The Division will suspend the processing of your application until you submit certified court documents showing that the injunction has been dissolved or dismissed.

QUESTION 13

You are NOT ELIGIBLE for a Florida concealed weapon license if any of the following conditions applies to you: (1) you have been adjudicated incapacitated under section 744.331, F.S., or similar laws of any other state; (2) you have been committed to a mental institution in accordance with the provisions of Chapter 394, FS, or similar laws of any other state; (3) you have been adjudicated mentally defective or incompetent in any court. Your eligibility for licensure would be restored only if you had received relief from federal firearms disabilities through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) or relief from disabilities pursuant to Section 790.065(2)(a)4.d., Florida Statutes.

QUESTION 14

You are NOT ELIGIBLE for a Florida concealed weapon license if you answer YES to any one of these questions pertaining to committal for controlled substance abuse, committal for alcohol abuse, or DUI conviction DURING THE THREE YEARS PRECEDING THE DATE ON WHICH YOU SUBMITTED YOUR APPLICATION.

QUESTION 15 You are NOT ELIGIBLE for licensure if you are UNDER ARREST OR CURRENTLY CHARGED with any felony, or crime punishable by imprisonment for more than one year; or any crime of violence, including crimes of domestic violence; or any crime under the provisions of Chapter 893, Florida Statutes, or similar laws of any other state relating to controlled substances. If you choose to submit an application anyway, the Division will suspend the processing of your application until the Division receives a certified court document indicating the final disposition of your case. If that court document indicates that the case did not result in a conviction or a withholding of adjudication on a disqualifying crime, the suspension will be lifted and the processing of your application will continue. If you are convicted or receive a withhold of adjudication on a disqualifying crime, your application will be denied.

QUESTION 16 The term “fugitive from justice” means any person who has fled from any State to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding. If you answer YES to this question or if the background check reveals that you are a fugitive from justice, the Division will suspend the processing of your application until you submit a certified copy of a court document reflecting the final disposition of your case.

QUESTION 17

You are NOT ELIGIBLE for a Florida concealed weapon license if you were discharged from military service under DISHONORABLE CONDITIONS.

GENERAL INFORMATION

• FINGERPRINTS: The law requires you to submit a COMPLETE AND LEGIBLE SET OF PRINTS. Please read the included information pertaining to fingerprint submissions. Law enforcement authorities occasionally find that fingerprints are insufficiently legible for a complete background check. If this occurs with your fingerprints, we will inform you by letter and request a second fingerprint submission from you.

• PHOTOGRAPH: You must also submit a PASSPORT-TYPE COLOR PHOTOGRAPH. Please refer to the included photograph instructions for details concerning the appearance of the photograph.

• FEES: The total fee for the Florida Concealed Weapon or Firearm License is $97. This total actually consists of two separate fees:

License Fee: $55 Fingerprint Processing Fee: $42

IMPORTANT NOTE CONCERNING FEES

• If you had your fingerprints electronically scanned at a local law enforcement agency, you do not need to remit the $42 fingerprint processing fee to the Division. Please refer to the included ELECTRONIC FINGERPRINT SUBMISSION INSTRUCTIONS.

• If you are a CONSULAR SECURITY OFFICIAL, a $300 license fee must be submitted with your application.

• If you are a FLORIDA LAW ENFORCEMENT OFFICER, CORRECTIONAL OFFICER, OR CORRECTIONAL PROBATION OFFICER (ACTIVE or RETIRED), refer to the instructions for QUESTION 2 and QUESTION 3 for information concerning the required fees. Fees must be paid with a check or money order made payable to the Florida Department of Agriculture and Consumer Services. Do not send cash. The Department will assume no liability for cash sent through the mail. Fees are nonrefundable and nontransferable.

• FAMILIARITY WITH FLORIDA LAW: You are required by law to read and become knowledgeable of the provisions of Chapter 790, Florida Statutes, relating to weapons and firearms, prior to submitting your application for a Florida Concealed Weapon or Firearm License. A link to Chapter 790, Florida Statutes is provided at mylicensesite.com, under Laws and Regulations.

Be sure to check your application! Before mailing your application, please review it carefully to ensure that it is COMPLETE and ACCURATE. You should include the following items with your application.

• TRAINING DOCUMENTATION as described in the section pertaining to QUESTION 6 above

• CITIZENSHIP/RESIDENCY DOCUMENTATION as described in the section pertaining to QUESTION 5 above (if applicable)

• COURT DOCUMENTATION REFLECTING FINAL DISPOSITION OF ANY ARRESTS (if applicable)

• PHOTOGRAPH

• A COMPLETE AND LEGIBLE SET OF FINGERPRINTS OR A COPY OF YOUR RECEIPT FOR YOUR ELECTRONIC FINGERPRINT SUBMISSION

• A CHECK OR MONEY ORDER FOR THE APPROPRIATE FEES Check with your local post office to ensure the postage for your package is sufficient.

**REMINDER: You can submit your application by mail or in person using the Fast Track Process at a Division of Licensing Regional Office or using the CW Intake System at an authorized tax collector office where staff will preview your application, scan your fingerprints, take your photograph and process your payment. For additional information, please go to our web page at www.mylicensesite.com. PHOTOGRAPH SPECIFICATIONS Your photograph must be:

➢ In color, non-retouched. ➢ Printed on matte or glossy photo quality paper. ➢ 2 x 2 inches (51 x 51 mm) in size. ➢ Sized such that the head is between 1 inch and 1 3/8 inches (between 25 and 35 mm)

from the bottom of the chin to the top of the head. ➢ Taken within the last 30 days to reflect your current appearance. ➢ Taken in front of a plain white or off-white background. ➢ Taken in full-face view directly facing the camera. ➢ With a neutral facial expression and both eyes open. ➢ Taken in clothing that you normally wear on a daily basis:

» Uniforms, clothing that looks like a uniform, and camouflage attire should not be worn in photos except in the case of religious attire

that is worn daily. » You may only wear a hat or head covering if you wear it daily for religious purposes. Your full face must be visible and your head

covering cannot obscure your hairline or cast shadows on your face. » Headphones, wireless hands-free devices or similar items are not acceptable in your photo. » If you normally wear prescription glasses, a hearing device or similar articles, they may be worn for your photo. Glare on glasses

is not acceptable in your photo. » Dark glasses or non-prescription glasses with tinted lenses are not acceptable unless you need them for medical reasons (a

medical certificate may be required). FINGERPRINT SUBMISSION INSTRUCTIONS

You must submit a complete and legible set of fingerprints on the FINGERPRINT CARD enclosed or by ELECTRONIC SCAN (see next page for information). If you use the enclosed card, your fingerprints must be taken at a LAW ENFORCEMENT AGENCY. Your local Florida county sheriff will provide fingerprinting service if requested and may charge a fee not to exceed $5. There may also be a charge associated with the fingerprint service provided by another law enforcement agency. Your fingerprint card will not be processed if: (1) the required information is not contained within the designated blocks; (2) a highlighter is used; (3) the card has been folded, creased, or damaged. Read and follow these instructions carefully:

➢ Fingers should be washed and dried thoroughly prior to prints being taken. ➢ Fingerprints must be rolled using black printer’s ink. ➢ The information you provide on the card MUST BE TYPED or PRINTED IN BLACK INK. However, please note that some spaces at

the top of the fingerprint card should be left blank. ➢ DO NOT SIGN the fingerprint card until you are in the presence of the person who will take your fingerprints. Your signature and the

name on your application and fingerprint card should match. 1. NAM – Full name in following order LAST, FIRST, MIDDLE. Initials are not acceptable. If you have no middle name, enter NMN

for MIDDLE. 2. RESIDENCE OF PERSON FINGERPRINTED – Your RESIDENCE address. 3. EMPLOYER AND ADDRESS – Leave this space blank. The name and address of the law enforcement agency at which you have

your prints taken MUST appear on the back of the card in the blank area in the upper right corner. 4. ALIASES AKA – If you are known, or have been known, by any other name (nickname, married name, maiden name, alias, fictitious name, etc.), list those name(s) here. Include with your application copies of any legal documents that reflect a change of name (marriage certificates, divorce decrees, court affidavits effecting a legal name change, etc.). NOTE: Failure to provide a list of your other names or to furnish documentation pertaining to a legal name change will result in delays in the processing of your application. 5. CITIZENSHIP CTZ – Enter the country of which you are a citizen (U.S., Cuba, Canada, etc.) 6. ARMED FORCES NO. MNU – Enter your military service number if you have one. 7. SOCIAL SECURITY NO. SOC – Section 119.071(5)(a) 2, Florida Statutes, authorizes the Department of Agriculture and Consumer Services, Division of Licensing, to obtain social security numbers from applicants. Applicant social security numbers are maintained and used by the Division of Licensing for identification purposes, to prevent misidentification, and to facilitate the approval process by the Division. 8. HGT (height) – Use feet and inches (example: for 5’11” enter 511) 9. DATE OF BIRTH DOB (mmddyy); PLACE OF BIRTH POB, WGT (weight) – Enter required information. 10. You are not required to complete YOUR NO. OCA or FBI NO. FBI or MISCELLANEOUS NO. MNU. 11. SEX, RACE, EYES, and HAIR - FBI codes are shown below. Use appropriate code for each required area on the card.

SEX RACE EYE COLOR HAIR COLOR M = Male W = White A = Asian or Oriental BLK = Black GRY = Gray BLK = Black WHI = White F = Female B = Black U = Other or Unknown BLU = Blue GRN = Green BRO = Brown BAL = Bald

I = American Indian BRO = Brown HAZ = Hazel GRY = Gray BLN = Blonde

or Alaskan Native RED = Red

Your fingerprint card will not be processed if: (1) the required information is not contained within the designated blocks; (2) a highlighter is used; (3) the card has been folded, creased, or damaged.

790 Photo and FPC Instructions Rev. November 2014

The instructions for submitting your fingerprints electronically that appear below will apply to you only if you are having your fingerprints taken by one of the county sheriffs’ offices in Florida that offer electronic fingerprinting service. You should be aware that you have the option of submitting your application for a Florida concealed weapon license at one of the Division of Licensing Regional Offices or at one of the authorized tax collector’s offices located throughout the State of Florida. If you choose one of these options, staff will scan your fingerprints. Information regarding both services can be found on our website at http://mylicensesite.com.

ELECTRONIC FINGERPRINT SUBMISSION INSTRUCTIONS

The application package for the Florida Concealed Weapon or Firearm License includes a fingerprint card. However, you can have your fingerprints scanned electronically instead of submitting them on this traditional “hard card.” An electronic fingerprint submission will reduce the time it takes for law enforcement authorities to complete the required criminal history background check and to return the results of that background check to us.

1. WHERE TO GO

Most of Florida's 67 county sheriffs provide electronic fingerprint scanning. We suggest that you call your sheriff ahead of time to confirm office hours and availability.

2. GETTING YOUR PRINTS TAKEN

It’s really very simple. A fingerprint technician will create a digital image of your prints using a fingerprint-scanning device. After your fingerprints have been scanned, you will be given a receipt. Some offices will also give you a photocopy of the scan. KEEP THESE DOCUMENTS; YOU WILL NEED THEM LATER.

3. HOW MUCH IT COSTS AND HOW TO PAY

The cost of the fingerprint scanning service is approximately $35; however, you should be aware that some sheriffs' offices might also charge a nominal service fee. There are two options for paying for the electronic scan:

• Some sheriffs’ offices can accept payment by check, cash, credit card, or money order at the time you have your fingerprints scanned.

• If your sheriff's office cannot accept payment, you will need to submit payment using a secure Internet system called the Civil Workflow Control System (CWCS) developed by the Florida Department of Law Enforcement (FDLE). You can get to this site using this link: https://caps.fdle.state.fl.us. You will need your credit card and the receipt given to you by the fingerprint technician at the sheriff's office. This receipt will include a Transaction Control Number (a number that will begin with 70SX followed by 16 digits) and your name. Follow the instructions on the CWCS web site very carefully. TYPE THE TRANSACTION CONTROL NUMBER AND YOUR NAME EXACTLY AS THEY APPEAR ON THE RECEIPT. At the conclusion of your online transaction, print a copy of the CWCS receipt screen.

NOTE: You must submit your payment via CWCS WITHIN 30 DAYS of having your fingerprints scanned or your electronic response will be deleted from the CWCS database. If you do not submit payment within 30 days, you will need to go back to the sheriff's office to have your prints scanned again. You will then have another 30 days in which to remit payment.

4. WHAT TO SUBMIT TO THE DIVISION OF LICENSING

After you have paid for your electronic fingerprint submission, you can submit your application to the Division of Licensing. Be sure to include the following items with your application: photocopies of your fingerprint scan and all receipts (including the CWCS receipt), a photograph, training documentation and a check or money order for the $55 licensing fee. IMPORTANT: PLEASE SUBMIT YOUR APPLICATION TO THE DIVISION OF LICENSING WITHIN 90 DAYS OF YOUR FINGERPRINT SCAN TO AVOID INCONVENIENCE AND ADDITIONAL EXPENSE.

5. FINGERPRINT REJECTIONS

Law enforcement authorities occasionally find that fingerprints are insufficiently legible to complete a background check. When this happens, the law requires us to ask the applicant to submit a second set of fingerprints. We will send you a letter informing you of the fingerprint rejection and provide you with instructions for having your fingerprints taken again.

IT IS IMPORTANT that you submit your application and your fingerprint submissions to us in a timely manner in order to avoid additional inconvenience and expense. If we have to request a second fingerprint submission from you and we do not receive that second fingerprint submission within 180 days of your first submission, we will have no alternative but to require you to have your fingerprints scanned again AND to remit an additional fingerprint processing fee.

Electronic Fingerprint Submission Instructions Rev. July 2017

TO CHECK THE STATUS OF YOUR FL CCW: https://licensing.freshfromflorida.com/CWStatusCheck/CWStatusChk.aspx

Florida’s CCW Web link: https://www.freshfromflorida.com/Consumer-Resources/Concealed-Weapon-License/Applying-for-a-Concealed-Weapon-License#bymail

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