Firearm Purchase Amendments

3
53-5a-602
0
Firearm Purchase Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matt MacPherson
Senate Sponsor: Keven J. Stratton
LONG TITLE
General Description:
This bill addresses provisions related to the purchase of a firearm.
Highlighted Provisions:
This bill:
removes a requirement that a Federal Firearms Licensee use a certain form provided by
the Bureau of Criminal Identification (bureau) when selling a firearm;
extends the amount of time that the bureau may maintain records from a criminal history
background check from 20 days to 30 days; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-5a-602
, as renumbered and amended by Laws of Utah 2025, Chapter 208
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53-5a-602
is amended to read:
53-5a-602
. Criminal background check prior to purchase of a firearm -- Fee --
Exemption for concealed firearm permit holders and law enforcement officers.
(1)
(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 under 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
(1)
.
(2)
(a)
A criminal history background check is required for the sale of a firearm by a
licensed firearm dealer in the state.
(b)
Subsection
(2)(a)
does not apply to the sale of a firearm to a Federal Firearms
Licensee.
(3)
(a)
An individual purchasing a firearm from a dealer shall consent in writing to a
criminal background check, on a form provided by the bureau.
(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.
(4)
(3)
(a)
The dealer shall send the information required by Subsection
(3)
to the
bureau immediately upon its receipt by the dealer.
(b)
A dealer may not sell or transfer a firearm to an individual until the dealer has

provided the bureau with the information in Subsection
(3)
and has
received
approval from the bureau under Subsection
(6)
(5)
.
(5)
(4)
The dealer shall make a request for criminal history background information by
telephone or other electronic means to the bureau and shall receive approval or denial of
the inquiry by telephone or other electronic means.
(6)
(5)
When the dealer calls for or requests a criminal history background check, the
bureau shall:
(a)
review the criminal history files, including juvenile court records, and the temporary
restricted file created under Section
53-5a-504
, 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 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
check, or by return call, or other electronic means, without delay, except in case of
electronic failure or other circumstances beyond the control of the bureau, the bureau
shall advise the dealer of the reason for the delay and give the dealer an estimate of
the length of the delay.
(7)
(6)
(a)
The bureau may not maintain any records of the criminal history background
check longer than
20
30
days from the date of the dealer's request, if the bureau
determines that the individual receiving the firearm is not prohibited from
purchasing, possessing, or transferring the firearm under state or federal law.
(b)
However, the bureau 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.
(8)
(7)
(a)
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 bureau shall:
(i)
within 24 hours after determining that the purchaser is prohibited from purchasing,
possessing, or transferring a firearm, notify the law enforcement agency in the
jurisdiction where the dealer is located; and
(ii)
inform the law enforcement agency in the jurisdiction where the individual
resides.
(b)
Subsection
(8)(a)
(7)(a)
does not apply to an individual prohibited from purchasing
a firearm solely due to placement on the temporary restricted list under Section
53-5a-504
.
(c)
A law enforcement agency that receives information from the bureau under
Subsection
(8)(a)
(7)(a)
shall provide a report before August 1 of each year to the
bureau that includes:
(i)
based on the information the bureau provides to the law enforcement agency under
Subsection
(8)(a)
(7)(a)
, the number of cases that involve an individual who is
prohibited from purchasing, possessing, or transferring a firearm as a result of a
conviction for an offense involving domestic violence; and
(ii)
of the cases described in Subsection
(8)(c)(i)
(7)(c)(i)
:
(A)
the number of cases the law enforcement agency investigates; and
(B)
the number of cases the law enforcement agency investigates that result in a
criminal charge.
(d)
The bureau shall:
(i)
compile the information from the reports described in Subsection
(8)(c);
(7)(c)
;
(ii)
omit or redact any identifying information in the compilation; and
(iii)
submit the compilation to the Law Enforcement and Criminal Justice Interim
Committee before November 1 of each year.
(9)
(8)
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
.
(10)
(9)
The bureau shall make rules in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, to ensure the identity, confidentiality, and security of
all records provided by the bureau under this part are in conformance with the
requirements of the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107
Stat. 1536 (1993).
(11)
(10)
(a)
A dealer shall collect a criminal history background check fee for the sale
of a firearm under this section.
(b)
The fee described under Subsection
(11)(a)
(10)(a)
remains in effect until changed
by the bureau through the process described in Section
63J-1-504
.
(c)
(i)
The dealer shall forward at one time all fees collected for criminal history
background checks performed during the month to the bureau by the last day of
the month following the sale of a firearm.
(ii)
The bureau shall deposit the fees

in
i
n
t
o

the General Fund as dedicated credits to
cover the cost of administering and conducting the criminal history background
check program.
(12)
(11)
(a)
An individual with a concealed firearm permit issued under Section
53-5a-303
or a provisional concealed firearm permit issued under Section
53-5a-304

is exempt from the background check and corresponding fee required in this section
for the purchase of a firearm if:
(i)
the individual presents the individual's concealed firearm permit to the dealer prior
to purchase of the firearm; and
(ii)
the dealer verifies with the bureau that the individual's concealed firearm permit
is valid.
(b)
An individual with a temporary permit to carry a concealed firearm issued under
Section
53-5a-305
is not exempt from a background check and the corresponding fee
required in this section for the purchase of a firearm.
(13)
(12)
(a)
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.
(b)
Subsection
(13)(a)
(12)(a)
may only be used by a law enforcement officer to
purchase a personal firearm once in a 24-month period.
(14)
(13)
A dealer engaged in the business of selling, leasing, or otherwise transferring a
firearm shall:
(a)
make the firearm safety brochure described in Subsection
26B-5-211(3)
available to
a customer free of charge; and
(b)
at the time of purchase, distribute a cable-style gun lock provided to the dealer under
Subsection
26B-5-211(3)
to a customer purchasing a shotgun, short barreled shotgun,
short barreled rifle, rifle, or another firearm that federal law does not require be
accompanied by a gun lock at the time of purchase.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-25-26 10:12 AM