reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53 - Public Safety Code › Chapter 5 - Regulation of Firearms › Part 7 - Concealed Firearm Act › Section 704.5 - Provisional permit to carry concealed firearm.

Effective 5/9/2017
53-5-704.5.
Provisional permit to carry concealed firearm.
(1)
(a) The bureau shall issue a provisional permit to carry a concealed firearm for lawful self-defense to an applicant who is 18 years of age, but is no older than 20 years of age, within 60 days after receiving an application, unless the bureau finds proof that the applicant does not meet the qualifications set forth in Subsection 53-5-704(2).
(b) The provisional permit is valid throughout the state until the applicant reaches the age of 21, without restriction, except as otherwise provided by Section 53-5-710.
(2) The bureau may deny, suspend, or revoke a provisional permit issued under this section as set forth in Subsections 53-5-704(2) and (3).
(3)
(a) In addition to meeting the other qualifications for the issuance of a provisional permit under this section, a nonresident applicant who resides in a state that recognizes the validity of the Utah provisional permit or has reciprocity with Utah's provisional permit law shall:
(i) hold a current applicable 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 (3)(a)(i).
(b) A nonresident applicant who knowingly and willfully provides false information to the bureau under Subsection (3)(a) is prohibited from holding a Utah concealed firearm permit of any kind for a period of 10 years.
(4) 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 53-5-704(8).
(5) In the event of a decision to deny, suspend, or revoke a permit, the applicant or permit holder under this section may appeal the decision through the same process set forth in Subsection 53-5-704(16).
(6) The applicant or permit holder of the provisional permit under this section must meet the eligibility requirements of another state, including age requirements, to carry a concealed firearm in that state.
Enacted by Chapter 286, 2017 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 5 - Regulation of Firearms › Part 7 - Concealed Firearm Act › Section 705 - Temporary permit to carry concealed firearm -- Denial, suspension, or revocation -- Appeal.

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.
Amended by Chapter 62, 2010 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 5 - Regulation of Firearms › Part 7 - Concealed Firearm Act › Section 706 - Permit -- Fingerprints transmitted to bureau -- Report from bureau.

Effective 7/1/2018
53-5-706.
Permit -- Fingerprints transmitted to bureau -- Report from bureau.
(1)
(a) Except as provided in Subsection (2), the fingerprints of each applicant for a permit under Section 53-5-707 or 53-5-707.5 shall be taken on a form prescribed by the bureau.
(b) Upon receipt of the fingerprints, the applicant fingerprint card fee prescribed in Section 53-10-108, and the fee prescribed in Section 53-5-707 or 53-5-707.5, 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).
Amended by Chapter 417, 2018 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 5 - Regulation of Firearms › Part 7 - Concealed Firearm Act › Section 707 - Concealed firearm permit -- Fees -- Concealed Weapons Account.

Effective 5/3/2023
53-5-707.
Concealed firearm permit -- Fees -- Concealed Weapons Account.
(1)
(a) An applicant for a concealed firearm permit shall pay a fee of $25 at the time of filing an application.
(b) A nonresident applicant shall pay an additional $10 for the additional cost of processing a nonresident application.
(c) The bureau shall waive the initial fee for an applicant who is:
(i) a law enforcement officer under Section 53-13-103;
(ii) an active duty service member;
(iii) the spouse of an active duty service member; or
(iv) a school employee.
(2) The renewal fee for the permit is $20. A nonresident shall pay an additional $5 for the additional cost of processing a nonresidential renewal.
(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)
(a) There is created a restricted account within the General Fund known as the "Concealed Weapons Account."
(b) The account shall be funded from fees collected under this section and Section 53-5-707.5.
(c) Funds in the account may only be used to cover costs relating to:
(i) the issuance of concealed firearm permits under this part; or
(ii) the programs described in Subsection 26B-5-102(3) and Section 26B-5-611.
(d) No later than 90 days after the end of the fiscal year 50% of the fund balance shall be transferred to the Suicide Prevention and Education Fund, created in Section 26B-1-326.
(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 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 and Section 53-5-707.5.
Amended by Chapter 328, 2023 General Session
Amended by Chapter 387, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 5 - Regulation of Firearms › Part 7 - Concealed Firearm Act › Section 707.5 - Provisional concealed firearm permit -- Fees -- Disposition of fees.

Effective 7/1/2018
53-5-707.5.
Provisional concealed firearm permit -- Fees -- Disposition of fees.
(1)
(a) An applicant for a provisional concealed firearm permit, as described in Section 53-5-704.5, shall pay a fee of $25 at the time of filing an application.
(b) A nonresident applicant shall pay an additional $10 for the additional cost of processing a nonresident application.
(2) The replacement fee for the permit is $10.
(3) Fees collected under this section shall be remitted to the Concealed Weapons Account, as described in Subsection 53-5-707(5).
(4)
(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 shall promptly forward any fees collected under Subsection (4)(a) to the appropriate agency.
Amended by Chapter 417, 2018 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 5 - Regulation of Firearms › Part 7 - Concealed Firearm Act › Section 707.6 - Concealed firearm permit renewal -- Firearm safety and suicide prevention video.

Effective 7/1/2022
53-5-707.6.
Concealed firearm permit renewal -- Firearm safety and suicide prevention video.
(1) The bureau, in conjunction with the Division of Integrated Healthcare created in Section 26B-1-204, shall create a firearm safety and suicide prevention video that:
(a) is web-accessible;
(b) is no longer than 10 minutes in length; and
(c) includes information about:
(i) safe handling, storage, and use of firearms in a home environment;
(ii) at-risk individuals and individuals who are legally prohibited from possessing firearms; and
(iii) suicide prevention awareness.
(2) Before renewing a firearm permit, an individual shall view the firearm safety and suicide prevention video and submit proof in the form required by the bureau.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the bureau shall make rules that establish procedures for:
(a) producing and distributing the firearm safety and suicide prevention video; and
(b) providing access to the video to an applicant seeking renewal of a firearm permit.
Amended by Chapter 255, 2022 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 5 - Regulation of Firearms › Part 7 - Concealed Firearm Act › Section 708 - Permit -- Names private.

Effective 2/27/2023
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, special district, and special service district.
(ii) A governmental agency may not compel or attempt to compel an individual who has been issued a concealed firearm permit to divulge whether the individual:
(A) has been issued a concealed firearm permit; or
(B) is carrying a concealed firearm.
(iii) Subsection (1)(e)(ii) does not apply to a law enforcement officer.
(2) The bureau shall immediately file a copy of each permit it issues under this part.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 5 - Regulation of Firearms › Part 7 - Concealed Firearm Act › Section 710 - Cross-references to concealed firearm permit restrictions.

Effective 5/5/2021
53-5-710.
Cross-references to concealed firearm permit restrictions.
(1) A person with a permit of any kind to carry a concealed firearm may not carry a concealed firearm in the following locations:
(a) any secure area prescribed in Section 76-10-523.5 in which firearms are prohibited and notice of the prohibition posted;
(b) any airport secure area as provided in Section 76-10-529; or
(c) any house of worship or in any private residence where dangerous weapons are prohibited as provided in Section 76-10-530.
(2) Notwithstanding Subsection 76-10-505.5(4), a person under the age of 21 with a permit of any kind to carry a concealed firearm may not carry a concealed firearm on or about school premises, as defined in Subsection 76-10-505.5(1)(a).
Amended by Chapter 141, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 5 - Regulation of Firearms › Part 7 - Concealed Firearm Act › Section 711 - Law enforcement officials, judges, and court commissioners exempt -- Training requirements -- Qualification -- Revocation.

Effective 5/14/2019
53-5-711.
Law enforcement officials, judges, and court commissioners exempt -- Training requirements -- Qualification -- Revocation.
(1) As used in this section and Section 76-10-523:
(a) "Court commissioner" means an individual appointed under Section 78A-5-107.
(b)
(i) "Judge" means a judge or justice of a court of record or a court not of record.
(ii) "Judge" does not include a judge pro tem or senior judge.
(c) "Law enforcement official" means:
(i) a member of the Board of Pardons and Parole;
(ii) a district attorney, deputy district attorney, county attorney or deputy county attorney of a county not in a prosecution district;
(iii) the attorney general;
(iv) an assistant attorney general designated as a criminal prosecutor; or
(v) a city attorney or a deputy city attorney designated as a criminal prosecutor.
(2) To qualify for an exemption in Section 76-10-523, a law enforcement official, judge, or court commissioner shall complete the following training requirements:
(a) meet the requirements of Sections 53-5-704, 53-5-706, and 53-5-707; and
(b) successfully complete an additional course of training as established by the commissioner of public safety designed to assist them while carrying out their official law enforcement, judicial, or court commissioner duties as agents for the state or its political subdivisions.
(3) Annual requalification requirements for law enforcement officials, judges, or court commissioners shall be established by the commissioner of public safety. Additional requalification requirements may be established by the:
(a) Board of Pardons and Parole by rule for its members;
(b) Judicial Council by rule for judges and court commissioners; and
(c) the district attorney, county attorney in a county not in a prosecution district, the attorney general, or city attorney by policy for prosecutors under their jurisdiction.
(4) The bureau may:
(a) issue a certificate of qualification to a judge, law enforcement official, or court commissioner who has completed the requirements of Subsection (2), which certificate of qualification is valid until revoked;
(b) revoke the certificate of qualification of a judge, law enforcement official, or court commissioner who:
(i) fails to meet the annual requalification criteria established pursuant to Subsection (3);
(ii) would be subject to revocation of a concealed firearm permit under Subsection 53-5-704(2)(a); or
(iii) is no longer employed as a judge, law enforcement official, or court commissioner as defined in Subsection (1); and
(c) certify instructors for the training requirements of this section.
Amended by Chapter 39, 2019 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 5 - Regulation of Firearms › Part 7 - Concealed Firearm Act › Section 712 - Armed Forces -- Permit requirements -- Exemptions.

Effective 5/13/2014
53-5-712.
Armed Forces -- Permit requirements -- Exemptions.
An active duty servicemember of the United States Armed Forces who possesses a Utah concealed firearm permit is exempt from the requirement in Subsection 53-5-704(4)(a) when renewing a Utah concealed firearm permit.
Enacted by Chapter 147, 2014 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 5a - Firearm Laws › Part 2 - Federal Firearm Enforcement Limitation Act › Section 201 - Findings.

Effective 3/20/2023
53-5a-201.
Findings.
To protect and preserve the individual right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Utah Constitution, Article I, Section 6, the Legislature makes the following findings:
(1) the Tenth Amendment to the United States Constitution guarantees to the state and the state's people all powers not granted to the federal government elsewhere in the United States Constitution and reserves to the state and people of Utah certain powers as those powers were understood at the time that Utah was admitted to statehood;
(2) the guarantee of powers to the state and the state's people under the Tenth Amendment is a matter of contract between the state and people of Utah and the United States as of the time of statehood;
(3) the Ninth Amendment to the United States Constitution guarantees to the people rights not granted in the United States Constitution and reserves to the people of Utah certain rights as those rights were understood at the time that Utah was admitted to statehood;
(4) the guarantee of rights to the people under the Ninth Amendment is a matter of contract between the state and people of Utah and the United States as of the time of statehood;
(5) the Second Amendment to the United States Constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Utah was admitted to statehood, and the guarantee of the right is a matter of contract between the state and people of Utah and the United States as of the time of statehood; and
(6) the Utah Constitution clearly secures to Utah citizens, and prohibits unconstitutional government interference with, the right of individual Utah citizens to keep and bear arms.
Enacted by Chapter 395, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 5a - Firearm Laws › Part 2 - Federal Firearm Enforcement Limitation Act › Section 202 - Definitions.

Effective 3/20/2023
53-5a-202.
Definitions.
As used in this part:
(1)
(a) "Federal regulation" means a federal executive order, rule, or regulation that infringes upon, prohibits, restricts, or requires individual licensure for, or registration of, the purchase, ownership, possession, transfer, or use of a firearm, ammunition, or firearm accessory.
(b) "Federal regulation" does not include:
(i) a federal firearm statute; or
(ii) a federal executive order, rule, or regulation that is incorporated into the Utah Code by reference.
(2) "Firearm" means the same as that term is defined in Section 76-10-501.
(3) "Law enforcement officer" means the same as that term is defined in Section 53-13-103.
(4) "Political subdivision" means a city, town, metro township, county, special district, or water conservancy district.
Enacted by Chapter 395, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 5a - Firearm Laws › Part 2 - Federal Firearm Enforcement Limitation Act › Section 203 - Prohibition on enforcement.

Effective 3/20/2023
53-5a-203.
Prohibition on enforcement.
(1) A law enforcement officer, state employee, or employee of a political subdivision is prohibited from implementing, enforcing, assisting, or cooperating in the enforcement of a federal regulation on firearms, firearm accessories, or ammunition.
(2) An employee of the state or a political subdivision may not expend public funds or allocate public resources for the enforcement of a federal regulation on firearms, firearm accessories, or ammunition.
(3) Notwithstanding Subsection (1) or (2), this section does not prohibit or otherwise limit a law enforcement officer, state employee, or employee of a political subdivision from:
(a) cooperating, communicating, or collaborating with a federal agency if the primary purpose of the cooperation is not the investigation or enforcement of a federal regulation on firearms, ammunition, or firearm accessories;
(b) serving on or participating in:
(i) a federal law enforcement task force or program if:
(A) investigation and prosecution of state or federal firearms regulations are part of the duties of the task force or program; or
(B) the law enforcement officer, state employee, or employee of the political subdivision is compensated by federal funds; or
(ii) a state law enforcement task force or program that:
(A) receives federal funding; or
(B) has participation from federal law enforcement officials; or
(c) referring an investigation to a federal law enforcement agency if the law enforcement officer, state employee, or political subdivision employee reasonably believes that a federal law regarding firearms, ammunition, or firearm accessories has been violated.
(4) This section does not apply to:
(a) a law enforcement officer or state employee employed by or assisting:
(i) the Bureau of Criminal Identification of the Department of Public Safety established in Section 53-10-201;
(ii) the Peace Officer Standards and Training Division created in Section 53-6-103; or
(iii) the Utah National Guard or the Utah State Defense Force created in Title 39A, National Guard and Militia Act; or
(b) an individual who:
(i) is appointed as a Special Assistant U.S. Attorney under 18 U.S.C. Sec. 925D; or
(ii) is assisting another individual that is appointed as a Special Assistant U.S. Attorney under 18 U.S.C. Sec. 925D.
Enacted by Chapter 395, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 5a - Firearm Laws › Section 102 - Uniform firearm laws.

Effective 5/4/2022
53-5a-102.
Uniform firearm laws.
(1) As used in this section:
(a) "Ammunition" means the same as that term is defined in Section 53-5d-102.
(b) "Dangerous weapon" means the same as that term is defined in Section 76-10-501.
(c) "Firearm" means:
(i) a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive;
(ii) ammunition; and
(iii) a firearm accessory.
(d) "Firearm accessory" means the same as that term is defined in Section 53-5b-103.
(e) "Local or state governmental entity" means the same as that term is defined in Section 78B-6-2301.
(f) "Short barreled shotgun" or "short barreled rifle" means the same as that term is defined in Section 76-10-501.
(g) "Shotgun" means the same as that term is defined in Section 76-10-501.
(2) The individual right to keep and bear arms being a constitutionally protected right under Article I, Section 6 of the Utah Constitution and the Second Amendment to the United States Constitution, the Legislature finds the need to provide uniform civil and criminal firearm laws throughout the state and declares that the Legislature occupies the whole field of state regulation of firearms.
(3) Except as specifically provided by state law, a local or state governmental 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.
(4) In conjunction with Title 76, Chapter 10, Part 5, Weapons, this section is uniformly applicable throughout this state and in all the state's political subdivisions.
(5) Authority to regulate firearms is reserved to the state except where the Legislature specifically delegates responsibility to local or state governmental entities.
(6) Unless specifically authorized by the Legislature by statute, a local or state governmental 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, ownership, purchase, sale, transfer, transport, or use of firearms on either public or private property.
(7) This section does not restrict or expand private property rights.
(8) A violation of this section is subject to Title 78B, Chapter 6, Part 23, Firearm Preemption Enforcement Act.
Amended by Chapter 428, 2022 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 5a - Firearm Laws › Section 103 - Discharge of firearm on private property -- Liability.

Effective 5/3/2023
53-5a-103.
Discharge of firearm on private property -- Liability.
(1) As used in this section:
(a) "Firearm possessor" means an individual who may lawfully possess a firearm.
(b) "Property occupant" means:
(i) a private property owner; or
(ii) a person who has the right to occupy a private property under an agreement.
(2) Except as provided under Subsection (3), a property occupant, who knowingly allows a firearm possessor to lawfully bring a firearm onto the occupant's property, is not civilly or criminally liable for any damage or harm resulting from the discharge of the firearm by the firearm possessor while on the occupant's property.
(3) Subsection (2) does not apply if the property occupant solicits, requests, commands, encourages, or intentionally aids the firearm possessor in discharging the firearm while on the occupant's property for a purpose other than the lawful defense of an individual on the property.
(4) This section does not alter the responsibilities a tenant owes to a landlord under the terms of the lease agreement entered into between the tenant and landlord.
Amended by Chapter 392, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 5a - Firearm Laws › Section 103.5 - Firearm regulation in homeless shelters.

Effective 5/4/2022
53-5a-103.5.
Firearm regulation in homeless shelters.
(1) As used in this section:
(a)
(i) "Homeless shelter" means a permanent or temporary facility operated or owned by a local or state governmental entity that provides temporary shelter to homeless individuals and has the capacity to provide temporary shelter to at least 10 individuals per night.
(ii) "Homeless shelter" does not include a permanent or temporary facility operated by a local or state governmental entity that provides temporary shelter to individuals displaced due to a disaster or under a state of emergency.
(b) "Local or state governmental entity" means the same as that term is defined in Section 78B-6-2301.
(2)
(a) Except as provided in Subsection (2)(b) and subject to Subsection (3), a local or state governmental entity may prohibit the possession of a firearm within a homeless shelter over which the local or state government entity exercises authority.
(b) A local or state governmental entity may not prohibit the possession of a firearm on the grounds outside of a homeless shelter.
(3) If a local or state governmental entity prohibits the possession of a firearm under Subsection (2), the local or state governmental entity shall:
(a) display readily visible signage at all public entrances of the homeless shelter indicating that firearms are not permitted inside the homeless shelter;
(b)
(i) provide a means of detecting a firearm at all public entrances to the homeless shelter; and
(ii) ensure an individual is physically present at a public entrance to the homeless shelter when the public entrance to the homeless shelter is in use;
(c) provide secure storage for a firearm while an individual is inside the homeless shelter; and
(d) prohibit the collection of information about a firearm that is stored at the homeless shelter, including taking a photograph of the firearm or recording the serial number of the firearm.
(4) A stored firearm in a homeless shelter that is abandoned for more than seven days by the owner of the firearm may be relinquished by the homeless shelter to a law enforcement agency for disposal.
Enacted by Chapter 428, 2022 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 5b - Utah State-Made Firearms Protection Act › Part 1 - General Provisions › Section 103 - Definitions.

53-5b-103.
Definitions.
As used in this chapter:
(1) "Firearm" means a device from which is expelled a projectile by action of an explosive.
(2) "Firearm accessory" means an item that is used in conjunction with or mounted upon a firearm, firearm action, or firearm receiver but is not essential to the basic function of a firearm, including:
(a) a telescopic or laser sight;
(b) a magazine;
(c) a flash or sound suppressor;
(d) a folding or aftermarket stock or grip;
(e) a speed-loader;
(f) an ammunition carrier; and
(g) a light for target illumination.
(3) "Generic and insignificant parts:"
(a) means parts that have other manufacturing or consumer product applications; and
(b) includes:
(i) springs;
(ii) screws;
(iii) nuts; and
(iv) pins.
(4) "Manufactured" means creating a firearm, a firearm action or receiver, a firearm accessory, or ammunition from basic materials for functional usefulness, including:
(a) forging;
(b) casting;
(c) machining; and
(d) another process for working materials.
Enacted by Chapter 5, 2010 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 5b - Utah State-Made Firearms Protection Act › Part 2 - Manufacturing Firearms › Section 201 - Intrastate firearm manufacturing.

53-5b-201.
Intrastate firearm manufacturing.
(1) This chapter applies to a firearm, a firearm action or receiver, a firearm accessory, or ammunition that is manufactured in the state to remain in the state from basic materials that can be manufactured without the inclusion of any significant parts imported into the state.
(2) This chapter does not apply to:
(a) a firearm that cannot be carried and used by one person;
(b) a firearm that has a bore diameter greater than 1-1/2 inches and that uses smokeless powder, not black powder, as a propellant;
(c) a firearm that discharges two or more projectiles with one activation of the trigger or other firing device, other than a shotgun; or
(d) ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm.
Enacted by Chapter 5, 2010 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 5b - Utah State-Made Firearms Protection Act › Part 2 - Manufacturing Firearms › Section 202 - Required markings.

53-5b-202.
Required markings.
A firearm, firearm action, or firearm receiver manufactured or sold in Utah under this chapter must have the words "Made in Utah" or "Made in UT" clearly stamped on a central metallic part, such as the receiver or frame.
Enacted by Chapter 5, 2010 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 5c - Firearms Safe Harbor › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/3/2023
53-5c-102.
Definitions.
As used in this chapter:
(1) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201.
(2) "Cohabitant" means an individual who:
(a) is 18 years old or older;
(b) resides in the same home with another individual; and
(c)
(i) is living as if a spouse of the individual;
(ii) is related by blood or marriage to the individual;
(iii) has one or more children in common with the individual; or
(iv) has an interest in the safety and well-being of the individual.
(3) "Domestic violence" means the same as that term is defined in Section 77-36-1.
(4) "Firearm" means a pistol, revolver, shotgun, short barrel shotgun, rifle or short barrel rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive.
(5) "Health care provider" means a person:
(a) who provides health care or professional services related to health care; and
(b) is acting within the scope of the person's license, certification, practice, education, or training.
(6) "Illegal firearm" means a firearm the ownership or possession of which is prohibited under state or federal law.
(7) "Jail release agreement" means the same as that term is defined in Section 78B-7-801.
(8) "Jail release court order" means the same as that term is defined in Section 78B-7-801.
(9) "Law enforcement agency" means a municipal or county police agency or an officer of that agency.
(10) "Owner cohabitant" means a cohabitant who:
(a) is 18 years old or older; and
(b) owns a firearm.
Amended by Chapter 138, 2023 General Session
Amended by Chapter 405, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 5c - Firearms Safe Harbor › Part 2 - Voluntary Commitment of Firearm › Section 202 - Illegal firearms confiscated -- Disposition of unclaimed firearm.

Effective 5/3/2023
53-5c-202.
Illegal firearms confiscated -- Disposition of unclaimed firearm.
(1) If a law enforcement agency receives a firearm in accordance with Section 53-5c-201, and the firearm is an illegal firearm, the law enforcement agency shall:
(a) notify the owner cohabitant attempting to voluntarily commit the firearm that the firearm is an illegal firearm; and
(b) confiscate the firearm and dispose of the firearm in accordance with Section 77-11a-403.
(2)
(a) If a law enforcement agency cannot, after a reasonable attempt, locate an owner cohabitant to return a firearm in accordance with Section 53-5c-201, the law enforcement agency shall dispose of the firearm in accordance with Section 77-11a-403.
(b) A law enforcement agency may not dispose of a firearm under Subsection (2)(a) before one year after the day on which the cohabitant initially voluntarily committed the firearm in accordance with Section 53-5c-201.
(3)
(a) If a person other than an owner cohabitant claims ownership of the firearm, the person may:
(i) request that the law enforcement agency return the firearm in accordance with Subsection (3)(b); or
(ii) petition the court for the firearm's return in accordance with Subsection (3)(c).
(b) Except as provided in Section 53-5c-201, the law enforcement agency shall return a firearm to a person other than an owner cohabitant who claims ownership of the firearm if:
(i) the 60-day period described in Section 53-5c-201 has expired;
(ii) the person provides identification; and
(iii) the person signs a document attesting that the person has an ownership interest in the firearm.
(c) After sufficient notice is given to the prosecutor, the court may order that the firearm be:
(i) returned to the rightful owner as determined by the court; or
(ii) disposed of in accordance with Section 77-11a-403.
(d) A law enforcement agency shall return a firearm ordered returned to the rightful owner as expeditiously as possible after a court determination.
Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 5d - Lawful Commerce in Arms Act › Section 103 - Limitations on liability.

Effective 5/10/2016
53-5d-103.
Limitations on liability.
(1) A manufacturer or seller of a qualified product, or trade association, is not subject to a qualified civil liability action regarding the unlawful misuse of a qualified product unless an injury or death results from an act or omission of the manufacturer, seller, or trade association that constitutes gross negligence, recklessness, or intentional misconduct.
(2) A civil liability action against a manufacturer, seller, or trade association that does not allege any of the provisions of Subsection 53-5d-102(5)(b) shall be dismissed.
Enacted by Chapter 155, 2016 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 1 - Peace Officer Standards and Training Division Administration › Section 102 - Definitions.

53-6-102.
Definitions.
As used in this chapter:
(1) "Addiction" means the unlawful or habitual use of alcohol or a controlled substance which endangers public health and safety.
(2) "Certified academy" means a peace officer training institution certified in accordance with the standards developed under Section 53-6-105.
(3) "Council" means the Peace Officer Standards and Training Council created in Section 53-6-106.
(4) "Conviction" means an adjudication of guilt regarding criminal conduct, including:
(a) a finding of guilt by a court or a jury;
(b) a guilty plea;
(c) a plea of nolo contendere;
(d) a plea which is held in abeyance pending the successful completion of:
(i) a probationary period; or
(ii) a diversion agreement; or
(e) a conviction which has been expunged or dismissed.
(5) "Director" means the director of the Peace Officer Standards and Training Division appointed under Section 53-6-104.
(6) "Dispatcher" means an employee of a public safety agency of the state or any of its political subdivisions and whose primary duties are to:
(a)
(i) receive calls for one or a combination of, emergency police, fire, and medical services, and to dispatch the appropriate personnel and equipment in response to the calls; and
(ii) in response to emergency calls, make urgent decisions affecting the life, health, and welfare of the public and public safety employees; or
(b) supervise dispatchers or direct a dispatch communication center.
(7) "Division" means the Peace Officer Standards and Training Division created in Section 53-6-103.
(8) "POST" means the division.
Amended by Chapter 313, 2010 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 1 - Peace Officer Standards and Training Division Administration › Section 103 - Peace Officer Standards and Training Division -- Creation -- Administration -- Duties.

53-6-103.
Peace Officer Standards and Training Division -- Creation -- Administration -- Duties.
(1) There is created within the department the Peace Officer Standards and Training Division.
(2) The division shall be administered by a director acting under the supervision and control of the commissioner.
(3) The division shall promote and ensure the safety and welfare of the citizens of this state in their respective communities and provide for efficient and professional law enforcement by establishing minimum standards and training for peace officers and dispatchers throughout the state.
Amended by Chapter 134, 1995 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 1 - Peace Officer Standards and Training Division Administration › Section 104 - Appointment of director of division -- Qualifications -- Appointment of employees -- Term of office -- Compensation.

Effective 7/1/2021
53-6-104.
Appointment of director of division -- Qualifications -- Appointment of employees -- Term of office -- Compensation.
(1) The commissioner, upon recommendation of the council and with the approval of the governor, shall appoint a director of the division.
(2) The director is the executive and administrative head of the division and shall be experienced in administration and possess additional qualifications as determined by the commissioner and as provided by law.
(3) The director shall be a full-time officer of the state.
(4) The director may appoint deputies, consultants, clerks, and other employees from eligibility lists authorized by the Division of Human Resource Management.
(5) The director may be removed from his position at the will of the commissioner.
(6) The director shall receive compensation as provided by Title 63A, Chapter 17, Utah State Personnel Management Act.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 1 - Peace Officer Standards and Training Division Administration › Section 107 - General duties of council.

Effective 5/4/2022
53-6-107.
General duties of council.
(1) The council shall:
(a) advise the director regarding:
(i) the approval, certification, or revocation of certification of any certified academy established in the state;
(ii) minimum courses of study, attendance requirements, and the equipment and facilities to be required at a certified academy;
(iii) minimum qualifications for instructors at a certified academy;
(iv) the minimum basic training requirements that peace officers shall complete before receiving certification;
(v) the minimum basic training requirements that dispatchers shall complete before receiving certification; and
(vi) categories or classifications of advanced in-service training programs and minimum courses of study and attendance requirements for the categories or classifications;
(b) recommend that studies, surveys, or reports, or all of them be made by the director concerning the implementation of the objectives and purposes of this chapter;
(c) make recommendations and reports to the commissioner and governor from time to time;
(d) choose from the sanctions to be imposed against certified peace officers as provided in Section 53-6-211, and dispatchers as provided in Section 53-6-309;
(e) establish and annually review minimum use of force standards for all peace officers in the state;
(f) establish and annually review minimum standards for officer intervention and the reporting of police misconduct based on Section 53-6-210.5; and
(g) perform other acts as necessary to carry out the duties of the council in this chapter.
(2) The council may approve special function officers for membership in the Public Safety Retirement System in accordance with Sections 49-14-201 and 49-15-201.
Amended by Chapter 182, 2022 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 1 - Peace Officer Standards and Training Division Administration › Section 108 - Donations, contributions, grants, gifts, bequests, devises, or endowments -- Authority to accept -- Disposition.

53-6-108.
Donations, contributions, grants, gifts, bequests, devises, or endowments -- Authority to accept -- Disposition.
(1) The division may accept any donations, contributions, grants, gifts, bequests, devises, or endowments of money or property, which shall be the property of the state.
(2)
(a) If the donor directs that the money or property be used in a specified manner, then the division shall use it in accordance with these directions and state law.
(b) All money and the proceeds from donated property not disposed of under Subsection (2)(a) shall be deposited in the General Fund as restricted revenue for the division.
Amended by Chapter 324, 2010 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 1 - Peace Officer Standards and Training Division Administration › Section 109 - Mandatory compliance with minimum use of force standards.

Effective 5/5/2021
53-6-109.
Mandatory compliance with minimum use of force standards.
Peace officers and the agencies that employ peace officers shall comply with, and enforce compliance with, the minimum use of force standards described in Subsection 53-6-107(1)(e).
Enacted by Chapter 316, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 2 - Peace Officer Training and Certification Act › Section 202 - Basic training course -- Completion required -- Annual training -- Prohibition from exercising powers -- Reinstatement.

Effective 5/3/2023
53-6-202.
Basic training course -- Completion required -- Annual training -- Prohibition from exercising powers -- Reinstatement.
(1)
(a) The director shall:
(i)
(A) suggest and prepare subject material; and
(B) schedule instructors for basic training courses; or
(ii) review the material and instructor choices submitted by a certified academy.
(b) The subject material, instructors, and schedules shall be approved or disapproved by a majority vote of the council.
(2) The materials shall be reviewed and approved by the council on or before July 1st of each year and may from time to time be changed or amended by majority vote of the council.
(3) The basic training in a certified academy:
(a) shall be appropriate for the basic training of peace officers in the techniques of law enforcement in the discretion of the director; and
(b) may not include the use of chokeholds, carotid restraints, or any act that impedes the breathing or circulation of blood likely to produce a loss of consciousness, as a valid method of restraint.
(4)
(a) All peace officers shall satisfactorily complete the basic training course or the waiver process provided for in this chapter as well as annual certified training of not less than 40 hours as the director, with the advice and consent of the council, directs.
(b) A peace officer who fails to satisfactorily complete the annual training shall automatically be prohibited from exercising peace officer powers until any deficiency is made up.
(c)
(i) Beginning July 1, 2021, the annual training shall include no less than 16 hours of training focused on mental health and other crisis intervention responses, arrest control, and de-escalation training.
(ii) Standards for the training shall be determined by each law enforcement agency or department and approved by the director or designee.
(iii) Each law enforcement agency or department shall include a breakdown of the 16 hours within the annual audit submitted to the division.
(5) Beginning July 1, 2021, the director shall ensure that annual training covers intervention responses for mental illnesses, autism spectrum disorder, and other neurological and developmental disorders.
(6) Beginning July 1, 2023, the director shall ensure that annual training covers at least one hour of training on responses to sexual traumas and investigations of sexual assault and sexual abuse in accordance with Section 53-10-908.
(7) Beginning July 1, 2023, the director shall, subject to approval by a majority vote of the council, ensure that the basic training curriculum covers instruction on identifying, responding to, and reporting a criminal offense that is motivated by a personal attribute, as that term is defined in Section 76-3-203.14, victim targeting penalty enhancement.
Amended by Chapter 158, 2023 General Session
Amended by Chapter 445, 2023 General Session